Prospective Relief. (a) Defendant shall not display the name of any Illinois Settlement Class Member or Ohio Settlement Class Member whose residence, according to Defendant’s database, remains in Illinois or Ohio, on any page on its website that includes a subscription offer to Defendant’s products or services.
(b) Defendant shall implement the changes to its website required by subsection (a) above no later than the date of entry of a Final Approval Order or May 31, 2022, whichever is later, provided, however, that Defendant shall have no obligation to implement the changes to its website required by subsection (a) if the Court does not enter the Final Approval Order.
(c) Defendant shall maintain the changes required by subsection (a) above for a period of three (3) years after entry of a Final Approval Order.
Prospective Relief. 7.1 McKinsey agrees that the following procedures shall apply to the management of the Plans on a prospective basis as of the Settlement Effective Date:
7.1.1 For a period of no less than three years, Defendants shall retain an independent investment consultant to provide ongoing review of the investment options in the Plans, and review and approve any communications to participants regarding the Plans’ investment options;
7.1.2 For a period of no less than three years, all expense reimbursements by the Plans to McKinsey, MIO, or any other affiliated person or entity will be reviewed and approved by an independent fiduciary, who shall have final discretion to approve or reject reimbursements. McKinsey shall pay this independent fiduciary at its own expense.
7.1.3 Before the expiration of the current recordkeeping agreement for the Plans, McKinsey will issue a request for proposal for recordkeeping services for the Plans.
Prospective Relief. Defendant agrees to use all commercially reasonable means to comply with BIPA by implementing the following prospective relief, which shall be implemented within a reasonable time not to exceed three (3) months from the date of entry of the Final Approval Order:
a. Defendant agrees to obtain through commercially reasonable methods BIPA-compliant consent of individuals in Illinois to collect, capture, or obtain their Biometrics. Such methods may consist of undertaking commercially reasonable efforts to cause Defendant’s Customers that are subject to BIPA to obtain such consent.
b. Defendant agrees not to sell, lease, disclose, disseminate or trade the Biometrics of any individual in Illinois to any third-party except as permitted under BIPA.
c. Defendant agrees to store, transmit, and protect from disclosure Biometrics, using reasonable security measures that are consistent with BIPA and at least as protective as the manner in which Defendant stores, transmits, and protects other confidential and sensitive information.
d. Defendant agrees to require in its standard terms and conditions with Customers that are subject to BIPA serving individuals in Illinois that Defendant’s products may be used only in compliance with all applicable laws and regulations.
e. Defendant agrees to develop a publicly-available policy establishing a retention schedule and a procedure for permanently destroying Biometrics of individuals in Illinois.
f. Defendant may seek the Court’s approval to modify these commitments to conform to applicable law.
Prospective Relief. Without admitting any liability, Defendant agrees to comply, or remain compliant with, all BIPA requirements going forward, including BIPA’s consent and retention policy requirements.
Prospective Relief. (a) Defendant shall not use any Settlement Class Member’s identity to advertise any of Defendant’s products or services. For the avoidance of doubt, Defendant shall not use any Settlement Class Member’s full name in connection with any advertisement to subscribe to XxxxXxxx.xxx’s database.
(b) Defendant shall implement the changes to its website(s) required by subsection (a) within thirty (30) days after the entry of the Final Approval Order.
Prospective Relief. 48. Without admitting any liability or that it is required by law to do so, Uber agrees to undertake the following practices:
a. Uber agrees that for a period of two years from the Effective Date it will not send server-assisted driver-referral text messages from the Uber app on Uber-issued cellular phones.
b. Uber agrees that for at least two years from the Effective Date it will maintain an opt-out protocol for recipients of text messages who initiate but do not complete the driver sign up process, which will at a minimum unsubscribe recipients from pipeline driver SMS messaging who reply with any of the opt-out words or phrases on Appendix A.
c. Uber agrees to adhere to the following procedures by December 31, 2017 or the Effective Date, whichever is later, for a minimum of two years: (i) Uber’s servers will delete any phone number entered during the rider account sign-up process that is not verified within 15 minutes; (ii) Uber will display the phone number used during the rider account sign-up process on the app screen where a new verification text can be requested with the note “Did you enter the correct number?”; and (iii) after one attempted verification text resend, the user will be forced to re-enter the phone number used during sign-up.
Prospective Relief. 6.1 Defendants agree that the following procedures shall be undertaken on a prospective basis beginning no later than thirty (30) days after the Settlement Effective Date:
(a) One or more Plan fiduciaries will undertake to monitor Plan recordkeeping fees; and
(b) One or more Plan fiduciaries will undertake to monitor the Plan’s investment options, other than any investments available through the Plan’s self-directed brokerage account.
Prospective Relief. 7.1 Defendants agree that, for three (3) years following the Settlement Effective Date, Defendants shall retain one or more independent consultants pursuant to ERISA § 3(21), who is not an existing investment or service provider or affiliated with the Plans, to provide ongoing assistance in reviewing the investment options in the Plans, the fees for those investment options, and any brokerage fees incurred by the Plans.
Prospective Relief. 7.1 NRECA agrees that the following procedures shall apply to the management of the Plan on a prospective basis from the Settlement Effective Date until the close of the Plan year 6 years following the Settlement Effective Date and as long thereafter as the Plan’s fiduciaries deem prudent and appropriate.
7.2 The I&FS Committee shall retain a qualified independent party who is an expert in fiduciary processes (“Independent Fiduciary”) to assist it in carrying out the provisions of this Article 7 as further described below.
7.2.1 The Independent Fiduciary shall approve any administrative services agreements between NRECA and the Plan, including any amendments thereto.
7.2.2 To the extent that NRECA is reimbursed by the Plan on a “direct expenses” basis for the services it provides to the Plan, the following requirements shall apply: (1) in identifying and calculating its “direct expenses”, NRECA shall comply with ERISA section 408(c)(2), and the regulations thereunder; and
Prospective Relief. AvMed has or will have implemented by the Final Approval Hearing the following: (1) mandatory security awareness and training programs for all company employees; (2) mandatory training on appropriate laptop use and security for all company employees whose employment responsibilities include accessing information stored on company laptop computers; (3) upgrade all company laptop computers with additional security mechanisms, including GPS tracking technology; (4) new password protocols and full disk encryption technology on all company desktops and laptops so that electronic data stored on such devices would be encrypted at rest; (5) physical security upgrades at company facilities and offices to further safeguard workstations from theft; (6) the review and revision of written
