Common use of Privacy Matters Clause in Contracts

Privacy Matters. (a) Caza covenants and agrees to advise the Offeror of all purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates and all additional purposes where Caza has notified the individual of such additional purpose, and where required by law, obtained the consent of such individual to such use or disclosure. (b) The Offeror covenants and agrees to: (i) prior to the completion of the transactions contemplated herein, collect, use and disclose the Transferred Information solely for the purpose of reviewing and completing the transactions contemplated herein, including the determination to complete such transactions; (ii) after the completion of the transactions contemplated herein: (a) collect, use and disclose the Transferred Information only for those purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates or for the completion of the transactions contemplated herein, unless: (i) Caza or the Offeror has first notified such individual of such additional purpose, and where required by law, obtained the consent of such individual to such additional purpose, or (ii) such use or disclosure is permitted or authorized by law, without notice to, or consent from, such individual; (b) where required by law, promptly notify the individuals to whom the Transferred Information relates that the transactions contemplated herein have taken place and that the Transferred Information has been disclosed to the Offeror, and (c) return or destroy the Transferred Information, at the option of Caza, should the transactions contemplated herein not be completed.

Privacy Matters. (a) Caza covenants The parties acknowledge that they are responsible for compliance at all times with Privacy Laws which govern the collection, use or disclosure of Personal Information disclosed to either party pursuant to or in connection with this Agreement (the “Disclosed Personal Information”). (b) Prior to the Closing Date, none of the parties shall use nor disclose the Disclosed Personal Information for any purposes other than those related to the performance of this Agreement. After Closing, a party may only collect, use and agrees to advise disclose the Offeror of all Disclosed Personal Information for the purposes for which the Transferred Disclosed Personal Information was initially collected from or in respect of the individual to which such Transferred Information relates and all additional purposes where Caza has notified the individual of such additional purpose, and where required by law, obtained the consent of such individual to such use or disclosure. (b) The Offeror covenants and agrees to: (i) prior to the completion of the transactions contemplated herein, collect, use and disclose the Transferred Information solely for the purpose of reviewing and completing the transactions contemplated herein, including the determination to complete such transactions; (ii) after the completion of the transactions contemplated herein: (a) collect, use and disclose the Transferred Information only for those purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Disclosed Personal Information relates or for the completion of the transactions transaction contemplated hereinin this Agreement, unless: unless (i) Caza or the Offeror has a party shall have first notified such individual of such additional purpose, and where required by lawapplicable Privacy Laws, obtained the consent of such individual to such additional purpose, or or (ii) such use or disclosure is permitted or authorized by lawapplicable Privacy Laws, without notice to, or consent from, such individual; (b) where required by law, promptly notify the individuals to whom the Transferred Information relates that the transactions contemplated herein have taken place and that the Transferred Information has been disclosed to the Offeror, and. (c) Each party acknowledges and confirms that the disclosure of the Disclosed Personal Information was and is necessary for the purposes of the parties determining whether to proceed with the transaction contemplated by this Agreement, and that the Disclosed Personal Information relates solely to the carrying on of the business of Seller or the completion of the transaction herein. (d) Buyer undertakes, after Closing, to utilize and disclose the Disclosed Personal Information only for those purposes for which the Disclosed Personal Information was initially collected unless otherwise permitted or required under applicable Privacy Laws. (e) Upon the expiry or termination of this Agreement, or otherwise upon the reasonable request of any party, the other party shall forthwith cease all use of the Disclosed Personal Information received by it in connection with this Agreement and will return or destroy to the Transferred Informationrequesting party or, at the option of Cazarequesting party’s request, should destroy in a secure manner, the transactions contemplated herein not be completedDisclosed Personal Information (and any copies thereof) in its possession.

Privacy Matters. (a) Caza Each Disclosing Party acknowledges and confirms that the disclosure of Transferred Information is necessary for the purposes of determining if the parties shall proceed with the transactions contemplated herein, and that the disclosure of Transferred Information relates solely to the carrying on of the Business and the completion of the transactions contemplated herein. (b) Each Disclosing Party covenants and agrees to, upon request, use reasonable efforts to advise the Offeror Recipient of all documented purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates and all additional documented purposes where Caza the Disclosing Party has notified the individual of such additional purpose, and where required by lawLaws, obtained the consent of such individual to such use or disclosure. (bc) The Offeror In addition to its other obligations hereunder, Recipient covenants and agrees to: : (i) prior to the completion of the transactions contemplated herein, collect, use and disclose the Transferred Information solely for the purpose of reviewing and completing the transactions contemplated herein, including for the determination purpose of determining to complete such transactions; ; (ii) after the completion of the transactions contemplated herein: (a) , collect, use and disclose the Transferred Information only for those purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates or for the completion of the transactions contemplated herein, unless: unless (iA) Caza the Disclosing Party or the Offeror has Recipient have first notified such individual of such additional purpose, and where required by lawLaws, obtained the consent of such individual to such additional purpose, or or (iiB) such use or disclosure is permitted or authorized by lawLaws, without notice to, or consent from, such individual; ; (biii) where required by lawLaws, promptly notify the individuals to whom the Transferred Information relates that the transactions contemplated herein have taken place and that the Transferred Information has been disclosed to the Offeror, and Recipient; (civ) return or destroy the Transferred Information, at the option of Cazathe Disclosing Party, should the transactions contemplated herein not be completed; and (v) notwithstanding any other provision herein, where the disclosure or transfer of Transferred Information to Recipient requires the consent of, or the provision of notice to, the individual to which such Transferred Information relates, to not require or accept the disclosure or transfer of such Transferred Information until the Disclosing Party has first notified such individual of such disclosure or transfer and the purpose for same, and where required by Laws, obtained the individual’s consent to same and to only collect, use and disclose such information to the extent necessary to complete the transactions contemplated herein and as authorized or permitted by Laws. (d) Recipient shall at all times keep strictly confidential all Transferred Information provided to it, and shall instruct those employees or advisors responsible for processing such Transferred Information to protect the confidentiality of such information in a manner consistent with the Recipient’s obligations hereunder and according to applicable Laws. (e) Recipient shall ensure that access to the Transferred Information shall be restricted to those employees or advisors of the respective Recipient who have a bona fide need to access such information in order to complete the transactions contemplated herein.

Privacy Matters. (a) Caza The Company covenants and agrees to advise the Offeror of all purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates and all additional purposes where Caza the Company has notified the individual of such additional purpose, and where required by law, obtained the consent of such individual to such use or disclosure. (b) The Offeror covenants and agrees to: (i) prior to the completion of the transactions contemplated herein, collect, use and disclose the Transferred Information solely for the purpose of reviewing and completing the transactions contemplated herein, including the determination to complete such transactions; (ii) after the completion of the transactions contemplated herein: (aA) collect, use and disclose the Transferred Information only for those purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates or for the completion of the transactions contemplated herein, unless: (iI) Caza the Company or the Offeror has first notified such individual of such additional purpose, and where required by law, obtained the consent of such individual to such additional purpose, or (iiII) such use or disclosure is permitted or authorized by law, without notice to, or consent from, such individual; (bB) where required by lawLaw, promptly notify the individuals to whom the Transferred Information relates that the transactions contemplated herein have taken place and that the Transferred Information has been disclosed to the Offeror, ; and (cC) return or destroy the Transferred Information, at the option of Cazathe Company, should the transactions contemplated herein not be completed.

Privacy Matters. (a) Caza For the purposes of this section 3.6, "Transferred Information" means the personal information (namely, information about an identifiable individual other than their business contact information when used or disclosed for the purpose of contacting such individual in that individual's capacity as an employee or an official of an organization and for no other purpose) to be disclosed or conveyed to one party or any of its representatives or agents (in this section 3.6, the "recipient") by or on behalf of the other party (in this section 3.6, the "disclosing party") as a result of or in conjunction with the transactions contemplated herein, and includes all such personal information disclosed to the recipient prior to the execution of this Agreement. (b) Each disclosing party covenants and agrees to, upon request, use reasonable efforts to advise the Offeror recipient of all the purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates and all the additional purposes where Caza the disclosing party has notified the individual of such additional purpose, and where required by lawApplicable Laws, obtained the consent of such individual to such use or disclosure. (bc) The Offeror In addition to its other obligations hereunder, recipient covenants and agrees to: (i) prior to the completion of the transactions contemplated herein, collect, use and disclose the Transferred Information solely for the purpose of reviewing and completing the transactions contemplated herein, including for the determination purpose of determining to complete such transactions; (ii) after the completion of the transactions contemplated herein: (aA) collect, use and disclose the Transferred Information only for those purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates or for the completion of the transactions contemplated herein, unless: unless (iI) Caza the disclosing party or the Offeror has recipient have first notified such individual of such additional purpose, and where required by lawApplicable Laws, obtained the consent of such individual to such additional purpose, or or (iiII) such use or disclosure is permitted or authorized by lawApplicable Laws, without notice to, or consent from, such individual;; and (bB) where required by lawApplicable Laws, promptly notify the individuals to whom the Transferred Information relates that the transactions contemplated herein have taken place and that the Transferred Information has been disclosed to the Offeror, andrecipient; (ciii) return or destroy the Transferred Information, at the option of Cazathe disclosing party, should the transactions contemplated herein not be completed; and (iv) notwithstanding any other provision herein, where the disclosure or transfer of Transferred Information to the recipient requires the consent of, or the provision of notice to, the individual to which such Transferred Information relates, not require or accept the disclosure or transfer of such Transferred Information until the disclosing party has first notified such individual of such disclosure or transfer and the purpose for same, and where required by Applicable Laws, obtained the individual's consent to same and to only collect, use and disclose such information to the extent necessary to complete the transactions contemplated herein and as authorized or permitted by Applicable Laws.

Privacy Matters. (a) Caza covenants The Parties acknowledge and agrees to advise the Offeror of all purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates and all additional purposes where Caza has notified the individual of such additional purpose, and where required by law, obtained the consent of such individual to such use or disclosure. (b) The Offeror covenants and agrees toagree that: (i) prior certain information provided by Triant Holdings and its Subsidiaries to the Buyer in connection with the transactions contemplated hereunder constitutes Personal Information (the “Disclosed Personal Information”) which is necessary in connection with completion of the transactions contemplated hereby; (ii) that the disclosure of the Disclosed Personal Information relates solely to the carrying on of the business of Triant Holdings and its Subsidiaries or the completion of the transactions contemplated herein, collect, use and disclose hereby; and (iii) that such Disclosed Personal Information is subject to the Transferred Information solely Confidentiality Agreement and: (A) may not be used for the purpose of reviewing and completing any purposes other than those related to the transactions contemplated herein, including the determination to complete such transactionshereby; (iiB) after the completion of if the transactions contemplated herein:hereby do not proceed or are not completed, the Buyer will return to the Company or, at the Company’s request, destroy the Disclosed Personal Information; (aC) collectif the transactions contemplated hereby are completed, the Buyer and its representatives must use and or disclose the Transferred such Personal Information only for those the same purposes for which it was collected, used or disclosed by Triant Holdings or otherwise as permitted by applicable law; and (D) except as otherwise reasonably directed by Triant Holdings , the Transferred Information was initially collected from or in respect Buyer will notify the individuals who are the subject of the individual to which such Transferred Disclosed Personal Information relates or for the completion of that: a. the transactions contemplated herein, unless:hereby have been completed; and (i) Caza or b. the Offeror has first notified such individual of such additional purpose, and where required by law, obtained the consent of such individual to such additional purpose, or (ii) such use or disclosure is permitted or authorized by law, without notice to, or consent from, such individual; (b) where required by law, promptly notify the individuals to whom the Transferred Disclosed Personal Information relates that the transactions contemplated herein have taken place and that the Transferred Information about them has been disclosed to the Offeror, and (c) return or destroy the Transferred Information, at the option of Caza, should the transactions contemplated herein not be completedBuyer and its representatives.

Privacy Matters. (a) Caza The Company covenants and agrees to advise the Offeror of all purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates and all additional purposes where Caza the Company has notified the individual of such additional purpose, and where required by law, obtained the consent of such individual to such use or disclosure. (b) The Offeror covenants and agrees to: (i) prior to the completion of the transactions contemplated herein, collect, use and disclose the Transferred Information solely for the purpose of reviewing and completing the transactions contemplated herein, including the determination to complete such transactions; (ii) after the completion of the transactions contemplated herein: (aA) collect, use and disclose the Transferred Information only for those purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates or for the completion of the transactions contemplated herein, unless: (i1) Caza the Company or the Offeror has first notified such individual of such additional purpose, and where required by law, obtained the consent of such individual to such additional purpose, or (ii2) such use or disclosure is permitted or authorized by law, without notice to, or consent from, such individual; (bB) where required by lawLaw, promptly notify the individuals to whom the Transferred Information relates that the transactions contemplated herein have taken place and that the Transferred Information has been disclosed to the Offeror, ; and (cC) return or destroy the Transferred Information, at the option of Cazathe Company, should the transactions contemplated herein not be completed.

Privacy Matters. (a) Caza Each Disclosing Party acknowledges and confirms that the disclosure of Transferred Information is necessary for the purposes of determining if the Parties shall proceed with the Acquisition, and that the disclosure of Transferred Information relates solely to the carrying on of the business and the completion of the transactions contemplated hereby. (b) Each Disclosing Party covenants and agrees to, upon request, use its reasonable commercial efforts to advise the Offeror Recipient of all documented purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates and all additional documented purposes where Caza the Disclosing Party has notified the individual of such additional purpose, and where required by lawLaw, obtained the consent of such individual to such use or disclosure. (bc) The Offeror In addition to its other obligations hereunder, the Recipient covenants and agrees to: : (i) prior to the completion of the transactions contemplated hereinhereby, collect, use and disclose the Transferred Information solely for the purpose of reviewing and completing the transactions contemplated hereinhereby, including for the determination purpose of determining whether to complete such transactions; ; (ii) after the completion of the transactions contemplated herein: (a) hereby, collect, use and disclose the Transferred Information only for those purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates or for the completion of the transactions contemplated hereinhereby, unless: unless (iA) Caza the Disclosing Party or the Offeror has Recipient have first notified such individual of such additional purposepurpose and, and where required by lawLaws, obtained the consent of such individual to such additional purpose, or or (iiB) such use or disclosure is permitted or authorized by lawLaw, without notice to, or consent from, such individual; ; (biii) where required by lawLaw, promptly notify the individuals to whom the Transferred Information relates that the transactions contemplated herein hereby have taken place and that the Transferred Information has been disclosed to the OfferorRecipient; (iv) after the completion of the transactions contemplated hereby, and give effect to any withdrawal of consent made by an individual to whom the Transferred Information relates; (cv) return or destroy the Transferred Information, at the option of Cazathe Disclosing Party, should the transactions contemplated herein hereby not be completed; and (vi) notwithstanding any other provision herein, where the disclosure or transfer of Transferred Information to the Recipient requires the consent of, or the provision of notice to, the individual to which such Transferred Information relates, to not require or accept the disclosure or transfer of such Transferred Information until the Disclosing Party has first notified such individual of such disclosure or transfer and the purpose for such disclosure or transfer, and, where required by Laws, obtained the individual’s consent to such disclosure or transfer and to only collect, use and disclose such information to the extent necessary to complete the transactions contemplated hereby and as authorized or permitted by Laws. (d) The Recipient shall at all times keep strictly confidential all Transferred Information provided to it, and shall instruct those employees or advisors responsible for processing such Transferred Information to protect the confidentiality of such information in a manner consistent with the Recipient’s obligations hereunder and according to applicable Laws. The Recipient shall ensure that access to the Transferred Information shall be restricted to those employees or advisors of the Recipient who have a bona fide need to access such information in order to complete the transactions contemplated hereby. (e) The Recipient shall use its reasonable commercial efforts to protect and safeguard the Transferred Information including, without limitation, to protect the Transferred Information from loss or theft, unauthorized access, disclosure, copying, use, modification, disposal or destruction and promptly advise the Disclosing Party should any such loss, theft or unauthorized activity occur and shall only use, disclose, process, store or enable access to such Transferred Information in Canada, the United States or such other jurisdictions as Disclosing Party may approve in writing from time to time.

Privacy Matters. (a) Caza Each Disclosing Party acknowledges and confirms that the disclosure of Transferred Information is necessary for the purposes of determining if the Parties shall proceed with the Acquisition, and that the disclosure of Transferred Information relates solely to the carrying on of the business and the completion of the transactions contemplated hereby. (b) Each Disclosing Party covenants and agrees to, upon request, use its reasonable commercial efforts to advise the Offeror Recipient of all documented purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates and all additional documented purposes where Caza the Disclosing Party has notified the individual of such additional purpose, and where required by lawLaw, obtained the consent of such individual to such use or disclosure. (bc) The Offeror In addition to its other obligations hereunder, Recipient covenants and agrees to: : (i) prior to the completion of the transactions contemplated hereinhereby, collect, use and disclose the Transferred Information solely for the purpose of reviewing and completing the transactions contemplated hereinhereby, including for the determination purpose of determining to complete such transactions; ; (ii) after the completion of the transactions contemplated herein: (a) hereby, collect, use and disclose the Transferred Information only for those purposes for which the Transferred Information was initially collected from or in respect of the individual to which such Transferred Information relates or for the completion of the transactions contemplated hereinhereby, unless: unless (iA) Caza the Disclosing Party or the Offeror has Recipient have first notified such individual of such additional purpose, and where required by lawLaws, obtained the consent of such individual to such additional purpose, or or (iiB) such use or disclosure is permitted or authorized by lawLaw, without notice to, or consent from, such individual; ; (biii) where required by lawLaw, promptly notify the individuals to whom the Transferred Information relates that the transactions contemplated herein hereby have taken place and that the Transferred Information has been disclosed to Recipient; (iv) after the Offerorcompletion of the transactions contemplated hereby, and give effect to any withdrawal of consent made by an individual to whom the Transferred Information relates; (cv) return or destroy the Transferred Information, at the option of Cazathe Disclosing Party, should the transactions contemplated herein hereby not be completed; and (vi) notwithstanding any other provision herein, where the disclosure or transfer of Transferred Information to Recipient requires the consent of, or the provision of notice to, the individual to which such Transferred Information relates, to not require or accept the disclosure or transfer of such Transferred Information until the Disclosing Party has first notified such individual of such disclosure or transfer and the purpose for same, and where required by Laws, obtained the individual’s consent to same and to only collect, use and disclose such information to the extent necessary to complete the transactions contemplated hereby and as authorized or permitted by Laws. (d) Recipient shall at all times keep strictly confidential all Transferred Information provided to it, and shall instruct those employees or advisors responsible for processing such Transferred Information to protect the confidentiality of such information in a manner consistent with the Recipient’s obligations hereunder and according to applicable Laws. Recipient shall ensure that access to the Transferred Information shall be restricted to those employees or advisors of the Recipient who have a bona fide need to access such information in order to complete the transactions contemplated hereby. (e) Recipient shall use its reasonable commercial efforts to protect and safeguard the Transferred Information including, without limitation, to protect the Transferred Information from loss or theft, or unauthorized access, disclosure, copying, use, modification, disposal or destruction and promptly advise Disclosing Party should any such loss, theft or unauthorized activity occur and shall only use, disclose, process, store or enable access to such Transferred Information in Canada, the United States or such other jurisdictions as Disclosing Party may approve in writing from time to time.