Common use of Privacy Policy Clause in Contracts

Privacy Policy. (a) The parties acknowledge that: (i) The Securities and Exchange Commission has adopted Regulation S-P at 17 CFR Part 248 to protect the privacy of individuals who obtain a financial product or service for personal, family or household use; (ii) Regulation S-P permits financial institutions, such as the Funds, to disclose “nonpublic personal information” (“NPI”) of its “customers” and “consumers” (as those terms are therein defined in Regulation S-P) to affiliated and nonaffiliated third parties of the Funds, without giving such customers and consumers the ability to opt out of such disclosure, for the limited purposes of processing and servicing transactions (17 CFR § 248.14); for specified law enforcement and miscellaneous purposes (17 CFR § 248.15); and to service providers or in connection with joint marketing arrangements (17 CFR § 248.13); and (iii) Regulation S-P provides that the right of a customer and consumer to opt out of having his or her NPI disclosed pursuant to 17 CFR § 248.7 and 17 CFR § 248.10 does not apply when the NPI is disclosed to service providers or in connection with joint marketing arrangements, provided the Fund and third party enter into a contractual agreement that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the Fund disclosed the information (17 CFR § 248.13). (b) The parties agree that the Funds may disclose Shareholder NPI to FSSC as agent of the Funds and solely in furtherance of fulfilling FSSC’s contractual obligations under the Agreement in the ordinary course of business to support the Funds and their Shareholders. (c) FSSC hereby agrees to be bound to use and redisclose such NPI only for the limited purpose of fulfilling its duties and obligations under the Agreement, for law enforcement and miscellaneous purposes as permitted in 17 CFR §248.15, or in connection with joint marketing arrangements that the Funds may establish with FSSC in accordance with the limited exception set forth in 17 CFR 248.13. (d) FSSC represents and warrants that, in accordance with 17 CFR § 248.30, it has implemented, and will continue to carry out for the term of the Agreement, policies and procedures reasonably designed to: (i) Insure the security and confidentiality of records and NPI of Fund customers; (ii) Protect against any anticipated threats or hazards to the security or integrity of Fund customer records and NPI; and (iii) Protect against unauthorized access or use of such Fund customer records or NPI that could result in substantial harm or inconvenience to any Fund customer. (e) FSSC may redisclose Section 248.13 NPI only to: (a) the Funds and affiliated persons of the Funds (“Fund Affiliates”); (b) affiliated persons of FSSC (“Service Provider Affiliates”) (which in turn may disclose or use the information only to the extent permitted under the original receipt); (c) a third party not affiliated with FSSC or the Funds (“Nonaffiliated Third Party”) under the service and processing (§248.14) or miscellaneous (§248.15) exceptions, but only in the ordinary course of business to carry out the activity covered by the exception under which FSSC received the information in the first instance; and (d) a Nonaffiliated Third Party under the service provider and joint marketing exception (§248.13), provided FSSC enters into a written contract with the Nonaffiliated Third Party that prohibits the Nonaffiliated Third Party from disclosing or using the information other than to carry out the purposes for which the Funds disclosed the information in the first instance. (f) FSSC may redisclose Section 248.14 NPI and Section 248.15 NPI to: (a) the Funds and Fund Affiliates; (b) Service Provider Affiliates (which in turn may disclose the information to the same extent permitted under the original receipt); and (c) a Nonaffiliated Third Party to whom the Funds might lawfully have disclosed NPI directly. (g) The provisions of this Section shall survive the termination of the Agreement.

Appears in 203 contracts

Samples: Services Agreement (Federated Hermes Total Return Series, Inc.), Services Agreement (Federated Hermes Fixed Income Securities, Inc.), Services Agreement (Federated Hermes Equity Funds)

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Privacy Policy. (a) The parties acknowledge that: (i) The Securities and Exchange Commission has adopted Regulation S-P at 17 CFR Part 248 to protect the privacy of individuals who obtain a financial product or service for personal, family or household use; (ii) Regulation S-P permits financial institutions, such as the Funds, to disclose "nonpublic personal information" ("NPI") of its "customers" and "consumers" (as those terms are therein defined in Regulation S-P) to affiliated and nonaffiliated third parties of the Funds, without giving such customers and consumers the ability to opt out of such disclosure, for the limited purposes of processing and servicing transactions (17 CFR § ss. 248.14); for specified law enforcement and miscellaneous purposes (17 CFR § ss. 248.15); and to service providers or in connection with joint marketing arrangements (17 CFR § ss. 248.13); and (iii) Regulation S-P provides that the right of a customer and consumer to opt out of having his or her NPI disclosed pursuant to 17 CFR § ss. 248.7 and 17 CFR § ss. 248.10 does not apply when the NPI is disclosed to service providers or in connection with joint marketing arrangements, provided the Fund and third party enter into a contractual agreement that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the Fund disclosed the information (17 CFR § ss. 248.13). (b) The parties agree that the Funds may disclose Shareholder NPI to FSSC as agent of the Funds and solely in furtherance of fulfilling FSSC’s 's contractual obligations under the Agreement in the ordinary course of business to support the Funds and their Shareholders. (c) FSSC hereby agrees to be bound to use and redisclose such NPI only for the limited purpose of fulfilling its duties and obligations under the Agreement, for law enforcement and miscellaneous purposes as permitted in 17 CFR §248.15ss.248.15, or in connection with joint marketing arrangements that the Funds may establish with FSSC in accordance with the limited exception set forth in 17 CFR 248.13. (d) FSSC represents and warrants that, in accordance with 17 CFR § ss. 248.30, it has implemented, and will continue to carry out for the term of the Agreement, policies and procedures reasonably designed to: (i) Insure the security and confidentiality of records and NPI of Fund customers; (ii) Protect against any anticipated threats or hazards to the security or integrity of Fund customer records and NPI; and (iii) Protect against unauthorized access or use of such Fund customer records or NPI that could result in substantial harm or inconvenience to any Fund customer. (e) FSSC may redisclose Section 248.13 NPI only to: (a) the Funds and affiliated persons of the Funds ("Fund Affiliates"); (b) affiliated persons of FSSC ("Service Provider Affiliates") (which in turn may disclose or use the information only to the extent permitted under the original receipt); (c) a third party not affiliated with FSSC or the Funds ("Nonaffiliated Third Party") under the service and processing (§248.14ss.248.14) or miscellaneous (§248.15ss.248.15) exceptions, but only in the ordinary course of business to carry out the activity covered by the exception under which FSSC received the information in the first instance; and (d) a Nonaffiliated Third Party under the service provider and joint marketing exception (§248.13ss.248.13), provided FSSC enters into a written contract with the Nonaffiliated Third Party that prohibits the Nonaffiliated Third Party from disclosing or using the information other than to carry out the purposes for which the Funds disclosed the information in the first instance. (f) FSSC may redisclose Section 248.14 NPI and Section 248.15 NPI to: (a) the Funds and Fund Affiliates; (b) Service Provider Affiliates (which in turn may disclose the information to the same extent permitted under the original receipt); and (c) a Nonaffiliated Third Party to whom the Funds might lawfully have disclosed NPI directly. (g) The provisions of this Section shall survive the termination of the Agreement.

Appears in 6 contracts

Samples: Services Agreement (Federated Municipal Securities Income Trust), Services Agreement (Cash Trust Series Inc), Services Agreement (Federated Income Securities Trust)

Privacy Policy. (a) The parties acknowledge that: (i) The Securities and Exchange Commission has adopted Regulation S-P at 17 CFR Part 248 to protect the privacy of individuals who obtain a financial product or service for personal, family or household use; (ii) Regulation S-P permits financial institutions, such as the Funds, to disclose "nonpublic personal information" ("NPI") of its "customers" and "consumers" (as those terms are therein defined in Regulation S-P) to affiliated and nonaffiliated third parties of the Funds, without giving such customers and consumers the ability to opt out of such disclosure, for the limited purposes of processing and servicing transactions (17 CFR § {section} 248.14); for specified law enforcement and miscellaneous purposes (17 CFR § {section} 248.15); and to service providers or in connection with joint marketing arrangements (17 CFR § {section} 248.13); and (iii) Regulation S-P provides that the right of a customer and consumer to opt out of having his or her NPI disclosed pursuant to 17 CFR § {section} 248.7 and 17 CFR § {section} 248.10 does not apply when the NPI is disclosed to service providers or in connection with joint marketing arrangements, provided the Fund and third party enter into a contractual agreement that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the Fund disclosed the information (17 CFR § {section} 248.13). (b) The parties agree that the Funds may disclose Shareholder NPI to FSSC as agent of the Funds and solely in furtherance of fulfilling FSSC’s 's contractual obligations under the Agreement in the ordinary course of business to support the Funds and their Shareholders. (c) FSSC hereby agrees to be bound to use and redisclose such NPI only for the limited purpose of fulfilling its duties and obligations under the Agreement, for law enforcement and miscellaneous purposes as permitted in 17 CFR §248.15{section}248.15, or in connection with joint marketing arrangements that the Funds may establish with FSSC in accordance with the limited exception set forth in 17 CFR 248.13. (d) FSSC represents and warrants that, in accordance with 17 CFR § {section} 248.30, it has implemented, and will continue to carry out for the term of the Agreement, policies and procedures reasonably designed to: (i) Insure the security and confidentiality of records and NPI of Fund customers; (ii) Protect against any anticipated threats or hazards to the security or integrity of Fund customer records and NPI; and (iii) Protect against unauthorized access or use of such Fund customer records or NPI that could result in substantial harm or inconvenience to any Fund customer. (e) FSSC may redisclose Section 248.13 NPI only to: (a) the Funds and affiliated persons of the Funds ("Fund Affiliates"); (b) affiliated persons of FSSC ("Service Provider Affiliates") (which in turn may disclose or use the information only to the extent permitted under the original receipt); (c) a third party not affiliated with FSSC or the Funds ("Nonaffiliated Third Party") under the service and processing (§248.14{section}248.14) or miscellaneous (§248.15{section}248.15) exceptions, but only in the ordinary course of business to carry out the activity covered by the exception under which FSSC received the information in the first instance; and (d) a Nonaffiliated Third Party under the service provider and joint marketing exception (§248.13{section}248.13), provided FSSC enters into a written contract with the Nonaffiliated Third Party that prohibits the Nonaffiliated Third Party from disclosing or using the information other than to carry out the purposes for which the Funds disclosed the information in the first instance. (f) FSSC may redisclose Section 248.14 NPI and Section 248.15 NPI to: (a) the Funds and Fund Affiliates; (b) Service Provider Affiliates (which in turn may disclose the information to the same extent permitted under the original receipt); and (c) a Nonaffiliated Third Party to whom the Funds might lawfully have disclosed NPI directly. (g) The provisions of this Section shall survive the termination of the Agreement.

Appears in 3 contracts

Samples: Services Agreement (Federated Income Securities Trust), Services Agreement (Federated Fixed Income Securities Inc), Services Agreement (Federated MDT Series)

Privacy Policy. (a) The parties acknowledge that: (i) The Securities and Exchange Commission the SEC has adopted Regulation S-P at 17 CFR Part 248 to protect the privacy of individuals who obtain a financial product or service for personal, family or household use; (ii) Regulation S-P permits financial institutionsdealers, such as the FundsDealer and Unified Financial, to disclose “nonpublic personal information” (“NPI”) of its “customers” and “consumers” (as those terms are therein defined in Regulation S-P) to affiliated and nonaffiliated third parties of the Fundsparties, without giving such customers and consumers the ability to opt out of such disclosure, for the limited purposes of processing and servicing transactions (17 CFR § 248.14); for specified law enforcement and miscellaneous purposes (17 CFR § 248.15); and to service providers or in connection with joint marketing arrangements (17 CFR § 248.13); and; (iii) Regulation S-P provides that the right of a customer and consumer to opt out of having his or her NPI disclosed pursuant to 17 CFR § 248.7 and 17 CFR § 248.10 does not apply when the NPI is disclosed to service providers or in connection with joint marketing arrangements, provided the Fund Dealer and third party enter into a contractual agreement that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the Fund Dealer disclosed the information (17 CFR § 248.13); (iv) NPI of Dealer’s consumers and customers that have no independent customer relationship with Unified Financial may be disclosed to Unified Financial during the term of the Agreement (“Dealer Customer NPI”); (v) certain consumers and customers of Dealer may also be consumers and customers of Unified Financial as fully-disclosed shareholders of the Funds (“Joint Customer”); (vi) NPI of Joint Customers may be disclosed and exchanged during the term of this Agreement (“Joint Customer NPI”); and (vii) NPI of consumers and customers may not be disclosed in connection with joint marketing arrangements unless the consumer or customer provides permission. (b) The parties agree Each party hereby covenants that any Joint Customer NPI which a party receives from the Funds other party will be subject to the following limitations and restrictions: (i) Each party may disclose Shareholder redisclose Joint Customer NPI to FSSC its own affiliates, who will be limited by the same disclosure and use restrictions that are imposed on the parties under this Agreement; and (ii) Each party may redisclose and use Joint Customer NPI only as agent of the Funds and solely in furtherance of fulfilling FSSC’s contractual obligations under the Agreement necessary in the ordinary course of business to support provide the Funds services identified in this Agreement except as permitted under Regulation S-P and their Shareholdersas required by any applicable federal or state law. (c) FSSC hereby agrees Unified Financial covenants that: (i) Unified Financial may redisclose Dealer Customer NPI to its own affiliates, who will be bound to limited by the same disclosure and use restrictions that are imposed on Unified Financial under this Agreement; and (ii) Unified Financial may redisclose and redisclose such use Dealer Customer NPI only for as necessary in the limited purpose ordinary course of fulfilling its duties business to provide the services identified in this Agreement and obligations under the Agreement, for law enforcement and miscellaneous purposes to third-party service providers as permitted in 17 CFR §248.15, or in connection with joint marketing arrangements that the Funds may establish with FSSC in accordance with the limited exception set forth in 17 CFR 248.13.under Regulation S-P. (d) FSSC Each party represents and warrants that, in accordance with 17 CFR § 248.30, it has implemented, and will continue to carry out for the term of the Agreement, policies and procedures reasonably designed to: (i) Insure the security and confidentiality of records and NPI of Fund customers’ NPI; (ii) Protect against any anticipated threats or hazards to the security or integrity of Fund customer records and NPI; and (iii) Protect against unauthorized access or use of such Fund customer records or NPI that could result in substantial harm or inconvenience to any Fund customer. (e) FSSC may redisclose Section 248.13 NPI only to: (a) the Funds and affiliated persons of the Funds (“Fund Affiliates”); (b) affiliated persons of FSSC (“Service Provider Affiliates”) (which in turn may disclose or use the information only to the extent permitted under the original receipt); (c) a third party not affiliated with FSSC or the Funds (“Nonaffiliated Third Party”) under the service and processing (§248.14) or miscellaneous (§248.15) exceptions, but only in the ordinary course of business to carry out the activity covered by the exception under which FSSC received the information in the first instance; and (d) a Nonaffiliated Third Party under the service provider and joint marketing exception (§248.13), provided FSSC enters into a written contract with the Nonaffiliated Third Party that prohibits the Nonaffiliated Third Party from disclosing or using the information other than to carry out the purposes for which the Funds disclosed the information in the first instance. (f) FSSC may redisclose Section 248.14 NPI and Section 248.15 NPI to: (a) the Funds and Fund Affiliates; (b) Service Provider Affiliates (which in turn may disclose the information to the same extent permitted under the original receipt); and (c) a Nonaffiliated Third Party to whom the Funds might lawfully have disclosed NPI directly. (g) The provisions of this Section shall survive the termination of the Agreement.

Appears in 2 contracts

Samples: Mutual Fund Sales and Services Agreement (Huntington Funds), Mutual Fund Sales and Services Agreement (Huntington Funds)

Privacy Policy. (a) The parties acknowledge that: (i) The Securities and Exchange Commission the SEC has adopted Regulation S-P at 17 CFR Part 248 to protect the privacy of individuals who obtain a financial product or service for personal, family or household use; (ii) Regulation S-P permits financial institutionsdealers, such as the FundsInsurer and Distributor, to disclose "nonpublic personal information" ("NPI") of its "customers" and "consumers" (as those terms are therein defined in Regulation S-P) to affiliated and nonaffiliated nonafflliated third parties of the Fundsparties, without giving such customers and consumers the ability to opt out of such disclosure, for the limited purposes of processing and servicing transactions (17 CFR § 248.14); for specified law enforcement and miscellaneous purposes (17 CFR § 248.15); and to service providers or in connection with joint marketing arrangements (17 CFR § 248.13); and; (iii) Regulation S-P provides that the right of a customer and consumer to opt out of having his or her NPI disclosed pursuant to 17 CFR § 248.7 and 17 CFR § 248.10 does not apply when the NPI is disclosed to service providers or in connection with joint marketing arrangements, provided the Fund Insurer and third party enter into a contractual agreement that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the Fund Insurer disclosed the information (17 CFR § 248.13); (iv) NPI of Insurer's consumers and customers that have no independent customer relationship with Distributor may be disclosed to Distributor during the term of the Agreement ("Insurer Customer NPI"); (v) certain consumers and customers of Insurer may also be consumers and customers of Distributor as fully-disclosed shareholders of Federated mutual funds ("Joint Customer"); and (vi) NPI of Joint Customers may be disclosed and exchanged during the term of this Agreement ("Joint Customer NPI"). (b) The parties agree Each party hereby covenants that any Joint Customer NPI which a party receives from the Funds other party will be subject to the following limitations and restrictions: (i) Each party may disclose Shareholder redisclose Joint Customer NPI to FSSC its own affiliates, who will be limited by the same disclosure and use restrictions that are imposed on the parties under this Agreement; and (ii) Each party may redisclose and use Joint Customer NPI only as agent of the Funds and solely in furtherance of fulfilling FSSC’s contractual obligations under the Agreement necessary in the ordinary course of business to support provide the Funds services identified in this Agreement except as permitted under Regulation S-P and their Shareholdersas required by any applicable federal or state law. (c) FSSC hereby agrees Distributor covenants that: (i) Distributor may redisclose Insurer Customer NPI to its own affiliates, who will be bound to limited by the same disclosure and use restrictions that are imposed on Distributor under this Agreement; and (ii) Distributor may redisclose and redisclose such use Insurer Customer NPI only for as necessary in the limited purpose ordinary course of fulfilling its duties business to provide the services identified in this Agreement and obligations under the Agreement, for law enforcement and miscellaneous purposes to third-party service providers as permitted in 17 CFR §248.15, or in connection with joint marketing arrangements that the Funds may establish with FSSC in accordance with the limited exception set forth in 17 CFR 248.13.under Regulation S-P. (d) FSSC Each party represents and warrants that, in accordance with 17 CFR § 248.30, it has implemented, and will continue to carry out for the term of the Agreement, policies and procedures reasonably designed to: (i) Insure the security and confidentiality of records and NPI of Fund customers' NPI; (ii) Protect against any anticipated threats or hazards to the security or integrity of Fund customer records and NPI; and (iii) Protect against unauthorized access or use of such Fund customer records or NPI that could result in substantial harm or inconvenience to any Fund customer. (e) FSSC may redisclose Section 248.13 NPI only to: (a) the Funds and affiliated persons of the Funds (“Fund Affiliates”); (b) affiliated persons of FSSC (“Service Provider Affiliates”) (which in turn may disclose or use the information only to the extent permitted under the original receipt); (c) a third party not affiliated with FSSC or the Funds (“Nonaffiliated Third Party”) under the service and processing (§248.14) or miscellaneous (§248.15) exceptions, but only in the ordinary course of business to carry out the activity covered by the exception under which FSSC received the information in the first instance; and (d) a Nonaffiliated Third Party under the service provider and joint marketing exception (§248.13), provided FSSC enters into a written contract with the Nonaffiliated Third Party that prohibits the Nonaffiliated Third Party from disclosing or using the information other than to carry out the purposes for which the Funds disclosed the information in the first instance. (f) FSSC may redisclose Section 248.14 NPI and Section 248.15 NPI to: (a) the Funds and Fund Affiliates; (b) Service Provider Affiliates (which in turn may disclose the information to the same extent permitted under the original receipt); and (c) a Nonaffiliated Third Party to whom the Funds might lawfully have disclosed NPI directly. (g) The provisions of this Section shall survive the termination of the Agreement.

Appears in 2 contracts

Samples: Fund Participation Agreement (Nationwide VL Separate Account-G), Fund Participation Agreement (Nationwide VL Separate Account-G)

Privacy Policy. (a) The parties acknowledge thatto each other: (i) The Securities and Exchange Commission the SEC has adopted Regulation S-P at 17 CFR Part 248 to protect the privacy of individuals who obtain a financial product or service for personal, family or household use; (ii) Regulation S-P permits financial institutionsdealers, such as the FundsRecordkeeping Agent and Trust, to disclose “nonpublic personal information” (“NPI”) of its “customersclientsand or “consumers” (as those terms are therein defined in Regulation S-P) to affiliated and nonaffiliated non affiliated third parties of the Fundsparties, without giving such customers clients and consumers the ability to opt out of such disclosure, for the limited purposes of processing and servicing transactions (17 CFR § 248.14); for specified law enforcement and miscellaneous purposes (17 CFR § 248.15); and to service providers or in connection with joint marketing arrangements (17 CFR § 248.13); and; (iii) Regulation S-P provides that the right of a customer client and consumer to opt out of having his or her NPI disclosed pursuant to 17 CFR § 248.7 and 17 CFR § 248.10 does not apply when the NPI is disclosed to service providers or in connection with joint marketing arrangements, provided the Fund Recordkeeping Agent and third party enter into a contractual agreement that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the Fund Recordkeeoing Agent disclosed the information (17 CFR § 248.13).; (biv) The parties agree NPI of Recordkeeping Agents’ consumers and clients and of consumers and clients of IBDs that have no independent client relationship with Trust may be disclosed to Trust during the Funds term of this Agreement (“Recordkeeping Agent Client NPI”); (v) Recordkeeping Agent Client NPI is not the property of Trust or any of the Funds; (vi) certain consumers and clients of Recordkeeping Agent or its IBDs may disclose Shareholder NPI to FSSC also be consumers and clients of Trust as agent fully-disclosed shareholders of the Funds (“Joint Client”); and (vii) NPI of Joint Clients may be disclosed and solely in furtherance exchanged during the term of fulfilling FSSC’s contractual obligations this Agreement (“Joint Client NPI”). b) Each party hereby covenants that any Client NPI which a party receives from the other will be subject to the following limitations and restrictions: (i) Each party may redisclose Joint Client NPI to its own affiliates, who will be limited by the same disclosure and use restrictions that are imposed on the parties under the Agreement this Agreement; and (ii) Each party may redisclose and use Joint Client NPI only as necessary in the ordinary course of business to support provide the Funds services identified in the Agreement except as permitted under Regulation S-P and their Shareholdersas required by any applicable federal or state law, unless they are compelled to do so by a third party subpoena, regulatory inquiry or court order. (c) FSSC hereby agrees Trust covenants that it: (i) may redisclose Recordkeeping Agent Client NPI to its own affiliates, who will be bound to limited by the same disclosure and use restrictions that are imposed on Trust under this Agreement; (ii) may redisclose and redisclose such use Recordkeeping Agent Client NPI only for as necessary in the limited purpose ordinary course of fulfilling its duties business to provide the services identified in this Agreement and obligations under the Agreement, for law enforcement and miscellaneous purposes to third-party service providers as permitted under Regulation S-P and as required by any applicable federal or state law, unless they are compelled to do so by a third party subpoena, regulatory inquiry or court order; and (iii) may use Recordkeeping Agent Client NPI for any purpose if it is legally obtained in 17 CFR §248.15, or in connection with joint marketing arrangements that the Funds may establish with FSSC in accordance with the limited exception set forth in 17 CFR 248.13a manner other than from Recordkeeping Agent. (d) FSSC Each party represents and warrants that, in accordance with 17 CFR § 248.30, it has implemented, and will continue to carry out for the term of the Agreement, policies and procedures reasonably designed to: (i) Insure Ensure the security and confidentiality of records and NPI of Fund customersconsumers’ and clients’ NPI; (ii) Protect against any anticipated threats or hazards to the security or integrity of Fund customer consumer and client records and NPI; and (iii) Protect against unauthorized access or use of such Fund customer consumer and client records or NPI that could result in substantial harm or inconvenience to any Fund customerconsumer or client. (e) FSSC may redisclose Section 248.13 NPI only to: (a) the Funds and affiliated persons of the Funds (“Fund Affiliates”); (b) affiliated persons of FSSC (“Service Provider Affiliates”) (which in turn may disclose or use the information only to the extent permitted under the original receipt); (c) a third party not affiliated with FSSC or the Funds (“Nonaffiliated Third Party”) under the service and processing (§248.14) or miscellaneous (§248.15) exceptions, but only in the ordinary course of business to carry out the activity covered by the exception under which FSSC received the information in the first instance; and (d) a Nonaffiliated Third Party under the service provider and joint marketing exception (§248.13), provided FSSC enters into a written contract with the Nonaffiliated Third Party that prohibits the Nonaffiliated Third Party from disclosing or using the information other than to carry out the purposes for which the Funds disclosed the information in the first instance. (f) FSSC may redisclose Section 248.14 NPI and Section 248.15 NPI to: (a) the Funds and Fund Affiliates; (b) Service Provider Affiliates (which in turn may disclose the information to the same extent permitted under the original receipt); and (c) a Nonaffiliated Third Party to whom the Funds might lawfully have disclosed NPI directly. (g) The provisions of this Section 7 shall survive the termination of the Agreement.

Appears in 1 contract

Samples: Recordkeeping Agreement (GMO Series Trust)

Privacy Policy. (a) The parties acknowledge that: (i) The Securities and Exchange Commission the SEC has adopted Regulation S-P at 17 CFR Part 248 to protect the privacy of individuals who obtain a financial product or service for personal, family or household use; (ii) Regulation S-P permits financial institutionsdealers, such as the FundsDealer and FSC, to disclose “nonpublic personal information” (“NPI”) of its “customers” and “consumers” (as those terms are therein defined in Regulation S-P) to affiliated and nonaffiliated third parties of the Fundsparties, without giving such customers and consumers the ability to opt out of such disclosure, for the limited purposes of processing and servicing transactions (17 CFR § 248.14); for specified law enforcement and miscellaneous purposes (17 CFR § 248.15); and to service providers or in connection with joint marketing arrangements (17 CFR § 248.13); and; (iii) Regulation S-P provides that the right of a customer and consumer to opt out of having his or her NPI disclosed pursuant to 17 CFR § 248.7 and 17 CFR § 248.10 does not apply when the NPI is disclosed to service providers or in connection with joint marketing arrangements, provided the Fund Dealer and third party enter into a contractual agreement that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the Fund Dealer disclosed the information (17 CFR § 248.13); (iv) NPI of Dealer’s consumers and customers that have no independent customer relationship with FSC may be disclosed to FSC during the term of the Agreement (“Dealer Customer NPI”); (v) certain consumers and customers of Dealer may also be consumers and customers of FSC as fully-disclosed shareholders of Federated mutual funds (“Joint Customer”); and (vi) NPI of Joint Customers may be disclosed and exchanged during the term of this Agreement (“Joint Customer NPI”). (b) The parties agree Each party hereby covenants that any Joint Customer NPI which a party receives from the Funds other party will be subject to the following limitations and restrictions: (i) Each party may disclose Shareholder redisclose Joint Customer NPI to FSSC its own affiliates, who will be limited by the same disclosure and use restrictions that are imposed on the parties under this Agreement; and (ii) Each party may redisclose and use Joint Customer NPI only as agent of the Funds and solely in furtherance of fulfilling FSSC’s contractual obligations under the Agreement necessary in the ordinary course of business to support provide the Funds services identified in this Agreement except as permitted under Regulation S-P and their Shareholdersas required by any applicable federal or state law. (c) FSSC hereby agrees FSC covenants that: (i) FSC may redisclose Dealer Customer NPI to its own affiliates, who will be bound to limited by the same disclosure and use restrictions that are imposed on FSC under this Agreement; and (ii) FSC may redisclose and redisclose such use Dealer Customer NPI only for as necessary in the limited purpose ordinary course of fulfilling its duties business to provide the services identified in this Agreement and obligations under the Agreement, for law enforcement and miscellaneous purposes to third-party service providers as permitted in 17 CFR §248.15, or in connection with joint marketing arrangements that the Funds may establish with FSSC in accordance with the limited exception set forth in 17 CFR 248.13.under Regulation S-P. (d) FSSC Each party represents and warrants that, in accordance with 17 CFR § 248.30, it has implemented, and will continue to carry out for the term of the Agreement, policies and procedures reasonably designed to: (i) Insure the security and confidentiality of records and NPI of Fund customers’ NPI; (ii) Protect against any anticipated threats or hazards to the security or integrity of Fund customer records and NPI; and (iii) Protect against unauthorized access or use of such Fund customer records or NPI that could result in substantial harm or inconvenience to any Fund customer. (e) FSSC may redisclose Section 248.13 NPI only to: (a) the Funds and affiliated persons of the Funds (“Fund Affiliates”); (b) affiliated persons of FSSC (“Service Provider Affiliates”) (which in turn may disclose or use the information only to the extent permitted under the original receipt); (c) a third party not affiliated with FSSC or the Funds (“Nonaffiliated Third Party”) under the service and processing (§248.14) or miscellaneous (§248.15) exceptions, but only in the ordinary course of business to carry out the activity covered by the exception under which FSSC received the information in the first instance; and (d) a Nonaffiliated Third Party under the service provider and joint marketing exception (§248.13), provided FSSC enters into a written contract with the Nonaffiliated Third Party that prohibits the Nonaffiliated Third Party from disclosing or using the information other than to carry out the purposes for which the Funds disclosed the information in the first instance. (f) FSSC may redisclose Section 248.14 NPI and Section 248.15 NPI to: (a) the Funds and Fund Affiliates; (b) Service Provider Affiliates (which in turn may disclose the information to the same extent permitted under the original receipt); and (c) a Nonaffiliated Third Party to whom the Funds might lawfully have disclosed NPI directly. (g) The provisions of this Section shall survive the termination of the Agreement.

Appears in 1 contract

Samples: Dealer Agreement (Nationwide Variable Account)

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Privacy Policy. (a) The parties acknowledge that: (i) The Securities and Exchange Commission the SEC has adopted Regulation S-P at 17 CFR Part 248 to protect the privacy of individuals who obtain a financial product or service for personal, family or household use; (ii) Regulation S-P permits financial institutionsdealers, such as the FundsDealer and FSC, to disclose “nonpublic personal information” (“NPI”) of its “customers” and “consumers” (as those terms are therein defined in Regulation S-P) to affiliated and nonaffiliated third parties of the Fundsparties, without giving such customers and consumers the ability to opt out of such disclosure, for the limited purposes of processing and servicing transactions (17 CFR § 248.14); for specified law enforcement and miscellaneous purposes (17 CFR § 248.15); and to service providers or in connection with joint marketing arrangements (17 CFR § 248.13); and; (iiiiv) Regulation S-P provides that the right of a customer and consumer to opt out of having his or her NPI disclosed pursuant to 17 CFR § 248.7 and 17 CFR § 248.10 does not apply when the NPI is disclosed to service providers or in connection with joint marketing arrangements, provided the Fund Dealer and third party enter into a contractual agreement that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the Fund Dealer disclosed the information (17 CFR § 248.13); (v) NPI of Dealer’s consumers and customers that have no independent customer relationship with FSC may be disclosed to FSC during the term of the Agreement (“Dealer Customer NPI”); (vi) certain consumers and customers of Dealer may also be consumers and customers of FSC as fully-disclosed shareholders of Federated mutual funds (“Joint Customer”); and (vii) NPI of Joint Customers may be disclosed and exchanged during the term of this Agreement (“Joint Customer NPI”). (b) The parties agree Each party hereby covenants that any Joint Customer NPI which a party receives from the Funds other party will be subject to the following limitations and restrictions: (i) Each party may disclose Shareholder redisclose Joint Customer NPI to FSSC its own affiliates, who will be limited by the same disclosure and use restrictions that are imposed on the parties under this Agreement; and (ii) Each party may redisclose and use Joint Customer NPI only as agent of the Funds and solely in furtherance of fulfilling FSSC’s contractual obligations under the Agreement necessary in the ordinary course of business to support provide the Funds and their Shareholders. (c) FSSC hereby agrees to be bound to use and redisclose such NPI only for the limited purpose of fulfilling its duties and obligations under the Agreement, for law enforcement and miscellaneous purposes services identified in this Agreement except as permitted in 17 CFR §248.15, under Regulation S-P and as required by any applicable federal or in connection with joint marketing arrangements that the Funds may establish with FSSC in accordance with the limited exception set forth in 17 CFR 248.13state law. (d) FSSC represents and warrants that, in accordance with 17 CFR § 248.30, it has implemented, and will continue to carry out for the term of the Agreement, policies and procedures reasonably designed to: (i) Insure the security and confidentiality of records and NPI of Fund customers; (ii) Protect against any anticipated threats or hazards to the security or integrity of Fund customer records and NPI; and (iii) Protect against unauthorized access or use of such Fund customer records or NPI that could result in substantial harm or inconvenience to any Fund customer. (e) FSSC may redisclose Section 248.13 NPI only to: (a) the Funds and affiliated persons of the Funds (“Fund Affiliates”); (b) affiliated persons of FSSC (“Service Provider Affiliates”) (which in turn may disclose or use the information only to the extent permitted under the original receipt); (c) a third party not affiliated with FSSC or the Funds (“Nonaffiliated Third Party”) under the service and processing (§248.14) or miscellaneous (§248.15) exceptions, but only in the ordinary course of business to carry out the activity covered by the exception under which FSSC received the information in the first instance; and (d) a Nonaffiliated Third Party under the service provider and joint marketing exception (§248.13), provided FSSC enters into a written contract with the Nonaffiliated Third Party that prohibits the Nonaffiliated Third Party from disclosing or using the information other than to carry out the purposes for which the Funds disclosed the information in the first instance. (f) FSSC may redisclose Section 248.14 NPI and Section 248.15 NPI to: (a) the Funds and Fund Affiliates; (b) Service Provider Affiliates (which in turn may disclose the information to the same extent permitted under the original receipt); and (c) a Nonaffiliated Third Party to whom the Funds might lawfully have disclosed NPI directly. (g) The provisions of this Section shall survive the termination of the Agreement.

Appears in 1 contract

Samples: Dealer Agreement (Jefferson National Life Annuity Account G)

Privacy Policy. (a) The parties acknowledge thatto each other: (i) The Securities and Exchange Commission the SEC has adopted Regulation S-P at 17 CFR Part 248 to protect the privacy of individuals who obtain a financial product or service for personal, family or household use; (ii) Regulation S-P permits financial institutionsdealers, such as the FundsRecordkeeping Agent and Fund Agent, to disclose “nonpublic personal information” (“NPI”) of its “customers” and or “consumers” (as those terms are therein defined in Regulation S-P) to affiliated and nonaffiliated non affiliated third parties of the Fundsparties, without giving such customers and consumers the ability to opt out of such disclosure, for the limited purposes of processing and servicing transactions (17 CFR § 248.14); for specified law enforcement and miscellaneous purposes (17 CFR § 248.15); and to service providers or in connection with joint marketing arrangements (17 CFR § 248.13); and; (iii) Regulation S-P provides that the right of a customer and consumer to opt out of having his or her NPI disclosed pursuant to 17 CFR § 248.7 and 17 CFR § 248.10 does not apply when the NPI is disclosed to service providers or in connection with joint marketing arrangements, provided the Fund Recordkeeping Agent and third party enter into a contractual agreement that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the Fund Recordkeeping Agent disclosed the information (17 CFR § 248.13).; (biv) The parties agree NPI of Recordkeeping Agents’ consumers and customers and of consumers and customers of IBDs that have no independent customer relationship with Fund Agent may be disclosed to Fund Agent during the Funds term of this Addendum (“Recordkeeping Agent Customer NPI”); (v) Recordkeeping Agent Customer NPI is not the property of Fund Agent or any of the Funds; (vi) certain consumers and customers of Recordkeeping Agent or its IBDs may disclose Shareholder NPI to FSSC also be consumers and customers of Fund Agent as agent fully-disclosed shareholders of the Funds (“Joint Customer”); and (vii) NPI of Joint Customers may be disclosed and solely in furtherance exchanged during the term of fulfilling FSSC’s contractual obligations this Addendum (“Joint Customer NPI”). b) Each party hereby covenants that any Customer NPI which a party receives from the other will be subject to the following limitations and restrictions: (i) Each party may redisclose Joint Customer NPI to its own affiliates, who will be limited by the same disclosure and use restrictions that are imposed on the parties under the Agreement this Addendum; and (ii) Each party may redisclose and use Joint Customer NPI only as necessary in the ordinary course of business to support provide the Funds and their Shareholders. (c) FSSC hereby agrees to be bound to use and redisclose such NPI only for services identified in the limited purpose of fulfilling its duties and obligations under the Agreement, for law enforcement and miscellaneous purposes Addendum except as permitted in 17 CFR §248.15under Regulation S-P and as required by any applicable federal or state law, or in connection with joint marketing arrangements that the Funds may establish with FSSC in accordance with the limited exception set forth in 17 CFR 248.13. (d) FSSC represents and warrants that, in accordance with 17 CFR § 248.30, it has implemented, and will continue unless they are compelled to carry out for the term of the Agreement, policies and procedures reasonably designed to: (i) Insure the security and confidentiality of records and NPI of Fund customers; (ii) Protect against any anticipated threats or hazards to the security or integrity of Fund customer records and NPI; and (iii) Protect against unauthorized access or use of such Fund customer records or NPI that could result in substantial harm or inconvenience to any Fund customer. (e) FSSC may redisclose Section 248.13 NPI only to: (a) the Funds and affiliated persons of the Funds (“Fund Affiliates”); (b) affiliated persons of FSSC (“Service Provider Affiliates”) (which in turn may disclose or use the information only to the extent permitted under the original receipt); (c) do so by a third party not affiliated with FSSC subpoena, regulatory inquiry or the Funds (“Nonaffiliated Third Party”) under the service and processing (§248.14) or miscellaneous (§248.15) exceptions, but only in the ordinary course of business to carry out the activity covered by the exception under which FSSC received the information in the first instance; and (d) a Nonaffiliated Third Party under the service provider and joint marketing exception (§248.13), provided FSSC enters into a written contract with the Nonaffiliated Third Party that prohibits the Nonaffiliated Third Party from disclosing or using the information other than to carry out the purposes for which the Funds disclosed the information in the first instancecourt order. (f) FSSC may redisclose Section 248.14 NPI and Section 248.15 NPI to: (a) the Funds and Fund Affiliates; (b) Service Provider Affiliates (which in turn may disclose the information to the same extent permitted under the original receipt); and (c) a Nonaffiliated Third Party to whom the Funds might lawfully have disclosed NPI directly. (g) The provisions of this Section shall survive the termination of the Agreement.

Appears in 1 contract

Samples: Operating Agreement (Sa Funds Investment Trust)

Privacy Policy. (a) The parties acknowledge that: (i) The Securities and Exchange Commission the SEC has adopted Regulation S-P at 17 CFR Part 248 to protect the privacy of individuals who obtain a financial product or service for personal, family or household use; (ii) Regulation S-P permits financial institutionsdealers, such as the FundsDealer and FSC, to disclose "nonpublic personal information" ("NPI") of its "customers" and "consumers" (as those terms are therein defined in Regulation S-P) to affiliated and nonaffiliated third parties of the Fundsparties, without giving such customers and consumers the ability to opt out of such disclosure, for the limited purposes of processing and servicing transactions (17 CFR § 248.14); for specified law enforcement and miscellaneous purposes (17 CFR § 248.15); and to service providers or in connection with joint marketing arrangements (17 CFR § 248.13); and; (iii) Regulation S-P provides that the right of a customer and consumer to opt out of having his or her NPI disclosed pursuant to 17 CFR § 248.7 and 17 CFR § 248.10 does not apply when the NPI is disclosed to service providers or in connection with joint marketing arrangements, provided the Fund Dealer and third party enter into a contractual agreement that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the Fund Dealer disclosed the information (17 CFR § 248.13); (iv) NPI of Dealer's consumers and customers that have no independent customer relationship with FSC may be disclosed to FSC during the term of the Agreement ("Dealer Customer NPI"); (v) certain consumers and customers of Dealer may also be consumers and customers of FSC as fully-disclosed shareholders of Federated mutual funds ("Joint Customer"); and (vi) NPI of Joint Customers may be disclosed and exchanged during the term of this Agreement ("Joint Customer NPI"). (b) The parties agree Each party hereby covenants that any Joint Customer NPI which a party receives from the Funds other party will be subject to the following limitations and restrictions: (i) Each party may disclose Shareholder redisclose Joint Customer NPI to FSSC its own affiliates, who will be limited by the same disclosure and use restrictions that are imposed on the parties under this Agreement; and (ii) Each party may redisclose and use Joint Customer NPI only as agent of the Funds and solely in furtherance of fulfilling FSSC’s contractual obligations under the Agreement necessary in the ordinary course of business to support provide the Funds services identified in this Agreement except as permitted under Regulation S-P and their Shareholdersas required by any applicable federal or state law. (c) FSSC hereby agrees FSC covenants that: (i) FSC may redisclose Dealer Customer NPI to its own affiliates, who will be bound to limited by the same disclosure and use restrictions that are imposed on FSC under this Agreement; and (ii) FSC may redisclose and redisclose such use Dealer Customer NPI only for as necessary in the limited purpose ordinary course of fulfilling its duties business to provide the services identified in this Agreement and obligations under the Agreement, for law enforcement and miscellaneous purposes to third-party service providers as permitted in 17 CFR §248.15, or in connection with joint marketing arrangements that the Funds may establish with FSSC in accordance with the limited exception set forth in 17 CFR 248.13.under Regulation S-P. (d) FSSC Each party represents and warrants that, in accordance with 17 CFR § 248.30, it has implemented, and will continue to carry out for the term of the Agreement, policies and procedures reasonably designed to: (i) Insure the security and confidentiality of records and NPI of Fund customers' NPI; (ii) Protect against any anticipated threats or hazards to the security or integrity of Fund customer records and NPI; and (iii) Protect against unauthorized access or use of such Fund customer records or NPI that could result in substantial harm or inconvenience to any Fund customer. (e) FSSC may redisclose Section 248.13 NPI only to: (a) the Funds and affiliated persons of the Funds (“Fund Affiliates”); (b) affiliated persons of FSSC (“Service Provider Affiliates”) (which in turn may disclose or use the information only to the extent permitted under the original receipt); (c) a third party not affiliated with FSSC or the Funds (“Nonaffiliated Third Party”) under the service and processing (§248.14) or miscellaneous (§248.15) exceptions, but only in the ordinary course of business to carry out the activity covered by the exception under which FSSC received the information in the first instance; and (d) a Nonaffiliated Third Party under the service provider and joint marketing exception (§248.13), provided FSSC enters into a written contract with the Nonaffiliated Third Party that prohibits the Nonaffiliated Third Party from disclosing or using the information other than to carry out the purposes for which the Funds disclosed the information in the first instance. (f) FSSC may redisclose Section 248.14 NPI and Section 248.15 NPI to: (a) the Funds and Fund Affiliates; (b) Service Provider Affiliates (which in turn may disclose the information to the same extent permitted under the original receipt); and (c) a Nonaffiliated Third Party to whom the Funds might lawfully have disclosed NPI directly. (g) The provisions of this Section shall survive the termination of the Agreement.

Appears in 1 contract

Samples: Dealer Agreement (Nationwide Variable Account)

Privacy Policy. (a) The parties acknowledge that: (i) The Securities and Exchange Commission the SEC has adopted Regulation S-P at 17 CFR Part 248 to protect the privacy of individuals who obtain a financial product or service for personal, family or household use; (ii) Regulation S-P permits financial institutionsdealers, such as the FundsHartford and Federated, to disclose "nonpublic personal information" ("NPI") of its "customers" and "consumers" (as those terms are therein defined in Regulation S-P) to affiliated and nonaffiliated third parties of the Fundsparties, without giving such customers and consumers the ability to opt out of such disclosure, for the limited purposes of processing and servicing transactions (17 CFR § Section 248.14); for specified law enforcement and miscellaneous purposes (17 CFR § Section 248.15); and to service providers or in connection with joint marketing arrangements (17 CFR § Section 248.13); and; (iii) Regulation S-P provides that the right of a customer and consumer to opt out of having his or her NPI disclosed pursuant to 17 CFR § Section 248.7 and 17 CFR § Section 248.10 does not apply when the NPI is disclosed to service providers or in connection with joint marketing arrangements, provided the Fund Hartford and third party enter into a contractual agreement that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the Fund Hartford disclosed the information (17 CFR § Section 248.13); (iv) NPI of Hartford's consumers and customers that have no independent customer relationship with Federated may be disclosed to Federated during the term of the Agreement ("Hartford Customer NPI"); (v) Certain consumers and customers of Hartford may also be consumers and customers of Federated as fully-disclosed shareholders of Federated mutual funds ("Joint Customer"); and (vi) NPI of Joint Customers may be disclosed and exchanged during the term of this Agreement ("Joint Customer NPI"). (b) The parties agree Each party hereby covenants that any Joint Customer NPI which a party receives from the Funds other party will be subject to the following limitations and restrictions: (i) Each party may disclose Shareholder redisclose Joint Customer NPI to FSSC its own affiliates, who will be limited by the same disclosure and use restrictions that are imposed on the parties under this Agreement; and (ii) Each party may redisclose and use Joint Customer NPI only as agent of the Funds and solely in furtherance of fulfilling FSSC’s contractual obligations under the Agreement necessary in the ordinary course of business to support provide the Funds services identified in this Agreement except as permitted under Regulation S-P and their Shareholdersas required by any applicable federal or state law. (c) FSSC hereby agrees to be bound to Federated covenants that: (i) Federated may use and redisclose such Hartford Customer NPI only as necessary in the ordinary course of business to provide the services identified in this Agreement and to third-party service providers as permitted under Regulation S-P for the limited purpose of fulfilling carrying out its duties and obligations under the this Agreement, for law enforcement and miscellaneous purposes as permitted in 17 CFR §248.15, or in connection with joint marketing arrangements that the Funds may establish with FSSC in accordance with the limited exception set forth in 17 CFR 248.13. (d) FSSC Each party represents and warrants that, in accordance with 17 CFR § Section 248.30, it has implemented, and will continue to carry out for the term of the Agreement, policies and procedures reasonably designed to: (i) Insure the me security and confidentiality of records and NPI of Fund customers' NPI; (ii) Protect against any anticipated threats or hazards to the security or integrity of Fund customer records and NPI; and (iii) Protect against unauthorized access or use of such Fund customer records or NPI that could result in substantial harm or inconvenience to any Fund customer. (e) FSSC may redisclose Section 248.13 NPI only to: (a) the Funds and affiliated persons of the Funds (“Fund Affiliates”); (b) affiliated persons of FSSC (“Service Provider Affiliates”) (which in turn may disclose or use the information only to the extent permitted under the original receipt); (c) a third party not affiliated with FSSC or the Funds (“Nonaffiliated Third Party”) under the service and processing (§248.14) or miscellaneous (§248.15) exceptions, but only in the ordinary course of business to carry out the activity covered by the exception under which FSSC received the information in the first instance; and (d) a Nonaffiliated Third Party under the service provider and joint marketing exception (§248.13), provided FSSC enters into a written contract with the Nonaffiliated Third Party that prohibits the Nonaffiliated Third Party from disclosing or using the information other than to carry out the purposes for which the Funds disclosed the information in the first instance. (f) FSSC may redisclose Section 248.14 NPI and Section 248.15 NPI to: (a) the Funds and Fund Affiliates; (b) Service Provider Affiliates (which in turn may disclose the information to the same extent permitted under the original receipt); and (c) a Nonaffiliated Third Party to whom the Funds might lawfully have disclosed NPI directly. (g) The provisions of this Section shall survive the termination of the Agreement.

Appears in 1 contract

Samples: Fund Participation Agreement (Hartford Life Insurance Co Separate Account 11)

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