Restrictions on Personal Information. Provider represents and warrants that, to the extent any of the Data (i) identifies or can be used by Subscriber or any third party (other than Subscriber or its licensors) to identify a natural person or (ii) otherwise may be deemed to be personal data or personal information under applicable laws or regulations, that such Data: (a) has already lawfully been made available to the general public, such as via governmental records, widely distributed media, or legally required public disclosures; and (b) does not include sensitive data or sensitive information about an individual or shall not otherwise be deemed to be sensitive data or sensitive information under applicable laws and regulations, including information relating to biometric or genetic data, health, racial or ethnic origin, political opinions, religious or philosophical beliefs, sex or sexual orientation, trade union membership, or personal payment or financial information (collectively, “Sensitive Personal Data”). For example, none of the Data will include (i) any consumer reports as defined in the Fair Credit Reporting Act, as amended (“FCRA”), (ii) nonpublic personal information as defined under the Xxxxx-Xxxxx-Xxxxxx Act, as amended (“GLBA”), (iii) protected health information as defined under the Health Insurance Portability and Accountability Act, as amended (“HIPAA”) that has not been de-identified in compliance with HIPAA, or (iv) special categories of personal data as defined in the General Data Protection Regulation, as amended.
Restrictions on Personal Information. PrimePay agrees to Process Consumer Personal Information in compliance with Applicable Privacy Laws and only for the limited and specified purpose of performing the Services as contracted for in the Agreement, and will not under any circumstances collect, use, disclose, retain, access, share, transfer, or otherwise Process Consumer Personal Information for any other purpose not directly related to providing such Services or outside of the direct business relationship with Customer. PrimePay agrees and warrants that it will not (i) Sell Consumer Personal Information, (ii) Share Consumer Personal Information with any third party in exchange for any monetary or other valuable consideration, or
Restrictions on Personal Information. Subscriber will exercise commercially reasonable efforts not to disclose or provide access to any Sensitive Data to Higher Logic (to include disclosure or access as Subscriber Data). In the event that Subscriber discloses or provides such access to Higher Logic, Higher Logic, except as otherwise expressly agreed in a writing executed by a duly authorized representative of each party, will have no duty with respect to such Sensitive Data.
