Treatment of Customer Information. Broker shall treat Customer Information confidentially as required by Applicable Law and by Principal Underwriter, as described in Principal Underwriter’s privacy notices and in accordance with Principal Underwriter policies and procedures. Broker shall also establish and implement administrative, physical and technical procedures to ensure the confidentiality, security and integrity of Customer Information in accordance with Applicable Law. Broker shall comply with Principal Underwriter’s terms of use, policies and procedures with respect to use of Principal Underwriter electronic systems and databases providing access to Customer Information by Broker, its employees and Representatives, and shall promptly report to Principal Underwriter any actual or suspected breach of security related to such systems and databases of which it becomes aware. To the extent that Broker becomes aware of any actual or suspected security breach or unauthorized use, disclosure, acquisition or access to any Customer Information, Broker shall: (i) promptly notify Principal Underwriter, (ii) take all necessary and advisable corrective actions, and (iii) cooperate fully with Principal Underwriter in all reasonable and lawful efforts to prevent, mitigate or rectify such security breach or unauthorized use, disclosure, acquisition, or access to the Customer Information. Broker may use Customer Information only for the purpose of fulfilling its obligations under the Agreement. Broker shall limit access to Customer Information to its employees, Representatives and other Third Parties who need to know such Customer Information to permit Broker to fulfill its obligations under this Agreement and who have agreed to treat such Customer Information in accordance with the terms of this Agreement. Broker shall not disclose or otherwise make accessible Customer Information to anyone other than to the individual to whom the information relates (or to his or her legally authorized representative) or to other persons pursuant to a valid authorization signed by the individual to whom the information relates (or by his or her legally authorized representative), except as required for Broker to fulfill its obligations under this Agreement, as otherwise directed by Principal Underwriter, or as expressly required by Applicable Law. Principal Underwriter and its Affiliates may market, offer, sell or distribute insurance products, including, but not limited to, the Contracts, or any of their other pro...
Treatment of Customer Information. Without limiting any other warranty or obligation specified in this Agreement, and in particular the confidentiality provisions of this Section 10, during the Term and thereafter in perpetuity, the Transfer Agent will not gather, store, log, archive, use or otherwise retain any Customer Information except as permitted by the Agreement in order to perform the services hereunder and by the laws and regulations applicable to its transfer agency business and will not disclose, distribute, sell, share, rent or otherwise transfer any Customer Information or customer lists to any third party, except as expressly provided in this Agreement, as required by laws and regulations applicable to its transfer agency business or as the Transfer Agent may be expressly directed in advance in writing by the applicable Fund. The Transfer Agent will not use Customer Information to target or solicit Fund Customers in order to market goods or services except as authorized by each Fund. This limitation shall not in any way be deemed to limit the Transfer Agent’s business or its ability to provide services to its other mutual fund and related customers, or the Transfer Agent’s ability to carry out any general or specific mailings or solicitations upon the instructions of, and using information provided by or related to, such other customers. For avoidance of doubt, the Transfer Agent shall have no obligation to compare any information provided by another customer of Transfer Agent against each Fund’s Customer Information prior to performing any action, mailing or solicitation for such other customer. Transfer Agent represents, covenants, and warrants that Transfer Agent will use Customer Information only in compliance with (i) this Agreement, (ii) its own Privacy and Information Sharing Policy, as amended from time to time and (iii) privacy laws applicable to its transfer agency business, including the GLB Act as such is applicable to its transfer agency business. In the event of a conflict between the terms of this Agreement and the Privacy and Information Sharing Policy of the Transfer Agent, including any amendments, changes or revisions thereto, with respect to the collection, protection and use of Customer Information, the terms of this Agreement shall control.
Treatment of Customer Information. Broker shall treat Customer --------------------------------- Information confidentially as required by Applicable Law and by MLIDC, as described in MLIDC's privacy notices and in accordance with MLIDC policies and procedures. Broker shall also establish and implement administrative, physical and technical procedures to ensure the confidentiality, security and integrity of Customer Information in accordance with Enterprise Selling Agreement 02-10
Treatment of Customer Information. Each party represents and warrants that at all times during and after the terms of this Agreement, it shall use, handle, collect, maintain and safeguard Customer Information in accordance with: (i) Schwab's published privacx xxxxxx as it is in effect from time to time; (ii) the confidentiality and non-disclosure requirements of this Agreement; (iii) the Gramm-Leach-Bliley Act of 0000 (Xxxxxx xxx 006-102, 113 stat. 1138) and its implementing regulations (e.g. Securities and Exchange Commission Regulation S-P and Federal Reserve Board Regulation P) as applicable and as they may be amended from time-to-time; and (iv) such other applicable federal and state privacy, confidentiality, consumer protection, advertising, electronic mail, and data security laws and regulations, whether in effect now or in the future. Fund Company specifically agrees, without limitation of the foregoing, that names, addresses and Fund share positions of non-objecting Schwab customers ("NBO information") furnished to it or its Affiliates or agents pursuant to Rule 14b-1(b)(3) of the Securities Exchange Act of 1934, as amended (the '34 Act"), will be used only as permitted by Rule 14a-13(b)(4) under the '34 Act. Each party will maintain and enforce safety and physical security procedures with respect to its access and maintenance of Customer Information that are at least equal to industry standards for such types of locations and which provide reasonably appropriate technical and organizational safeguards against accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of or access to Customer Information and any other data owned by Schwab and accessible by Fund Parties under this Agreement. Fund Parties will report to Schwab immediately any and all breaches of security or unauthorized access to Fund Parties' systems that either Fund Party detects or becomes aware of and which affect the security of Customer Information.
Treatment of Customer Information. Each of BAP and the Fund represents, warrants and covenants that at all times during and after the terms of this Agreement, it shall use, handle, collect, maintain and safeguard Customer Information in accordance with: (i) the confidentiality and non-disclosure requirements of this Agreement; (ii) the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (Public law 106-102, 113 stat. 1138) and its implementing regulations (e.g. Securities and Exchange Commission Regulation S-P and Federal Reserve Board Regulation P) as applicable and as they may be amended from time-to-time; and (iii) such other applicable federal and state privacy, confidentiality, consumer protection, advertising, electronic mail and data security laws and regulations, whether in effect now or in the future. Each of BAP and the Fund will implement appropriate administrative, technical, and physical safeguards reasonably designed to protect the security and confidentiality of Customer Information and protect against unauthorized access to or use of Customer Information. Each of BAP and the Fund will report to Schwab promptly in writing any and all breaches of security or unauthorized access to BAP’s or the Fund’s systems that BAP or the Fund either detects or becomes aware of and which affect the security of Customer Information.
Treatment of Customer Information. Fund Parties represent and warrant that at all times during and after the terms of this Agreement, each shall use, handle, collect, maintain and safeguard Customer Information in accordance with: (i) the confidentiality and non-disclosure requirements of this Agreement; (ii) the Gxxxx-Xxxxx-Xxxxxx Act of 1999 (Public law 106-102, 113 stat. 1138) and its implementing regulations (e.g., Securities and Exchange Commission Regulation S-P and Federal Reserve Board Regulation P) as applicable and as they may be amended from time-to-time; and (iii) such other applicable federal and state privacy, confidentiality, consumer protection, advertising, electronic mail and data security laws and regulations, whether in effect now or in the future. Fund Parties will implement appropriate administrative, technical, and physical safeguards reasonably designed to protect the security and confidentiality of Customer Information and protect against unauthorized access to or use of Customer Information. Fund Parties will report to Schwab promptly any and all breaches of security or unauthorized access to Fund Parties’ systems that a Fund Party detects or becomes aware of and which affect the security of Customer Information.
Treatment of Customer Information. Each party represents and warrants that at all times during and after the terms of this Agreement, it shall use, handle, collect, maintain and safeguard Customer Information in accordance with: (i) ETSB’s published privacy policy as it is in effect from time to time; (ii) the confidentiality and non-disclosure requirements of this Agreement; (iii) the GLB Act as applicable and as it may be amended from time to time; and (iv) such other applicable federal and state privacy, confidentiality, consumer protection, advertising, electronic mail and data security laws and regulations, whether in effect now or in the future. Series Trust specifically agrees, without limitation of the foregoing, that names, addresses and Fund share positions of non-objecting Customers (“NBO information”) furnished to it or its affiliates or agents pursuant to Rule 14b-1(b)(3) of the Exchange Act, will be used only as permitted by Rule 14a-13 (b)(4) under the Exchange Act. Series Trust will implement and maintain a comprehensive written information security program (“Information Security Program”) in compliance with the GLB Act, which shall include all necessary measures, including the establishment and maintenance of appropriate policies, procedures and technical, physical, and administrative safeguards, to (i) ensure the security and confidentiality of the Customer Information, (ii) protect against any foreseeable threats or hazards to the security or integrity of Customer Information, (iii) protect against unauthorized access to or use of such information, and (iv) ensure appropriate disposal of the Customer Information. Without limiting the generality of the foregoing, the Information Security Program shall provide for (i) continual assessment and re-assessment of the risks to the security of Customer Information acquired or maintained by the party and its agents and contractors, including, but not limited to (1) identification of internal and external threats that could result in unauthorized disclosure, alteration or destruction of Customer Information and systems used by the party and its agents and contractors, (2) assessment of the likelihood and potential damage of such threats, taking into account the sensitivity of such Customer Information, and (3) assessment of the sufficiency of policies, procedures, information systems of the party and its agents and contractors, and any other arrangements in place to control risks; and (ii) appropriate protection against such risks....
Treatment of Customer Information. Each Fund Party represents and warrants that at all times during and after the terms of this Agreement, it shall use, handle, collect, maintain and safeguard Customer Information in accordance with: (i) Xxxxxx’x published privacy policy as it is in effect from time to time; (ii) the confidentiality and non-disclosure requirements of this Agreement; (iii) the Xxxxx-Xxxxx-Xxxxxx Act of 1999 (Public law 106-102, 113 stat. 1138) and its implementing regulations (e.g. Securities and Exchange Commission Regulation S-P and Federal Reserve Board Regulation P) as applicable and as they may be amended from time-to-time; and (iv) such other applicable federal and state privacy, confidentiality, consumer protection, advertising, electronic mail, and data security laws and regulations, whether in effect now or in the future. Fund Company specifically agrees, without limitation of the foregoing, that names, addresses and Fund share positions of non-objecting Schwab customers (“NBO information”) furnished to it or its Affiliates or agents pursuant to Rule 14b-1(b)(3) of the Securities Exchange Act of 1934, as amended (the ‘34 Act”), will be used only as permitted by Rule 14a-13(b)(4) under the ‘34 Act. Fund Parties will maintain and enforce safety and physical security procedures with respect to its access and maintenance of Customer Information that are at least equal to industry standards for such types of locations and which provide reasonably appropriate technical and organizational safeguards against accidental or unlawful destruction, loss, alteration, or unauthorized disclosure of or access to Customer Information and any other data owned by Schwab and accessible by Fund Parties under this Agreement. Fund Parties will report to Schwab immediately any and all breaches of security or unauthorized access to Fund Parties’ systems that either Fund Party detects or becomes aware of and which affect the security of Customer Information.
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Treatment of Customer Information. Without limiting any other warranty or obligation specified in this Agreement, during the term of this Agreement and thereafter in perpetuity, E-Loan will not gather, store, or use Xxxxxx'x Customer Information in any manner and will not disclose, distribute, sell, share, rent or otherwise transfer any of Xxxxxx'x Customer Information to any third party, except as such party may be expressly and reasonably directed to in advance in writing by Schwab. E-Loan represents, covenants, and warrants that it will collect, use and disclose Customer Information belonging to Schwab only in compliance with Xxxxxx'x written instructions, including, without limitation, its privacy policies then in effect and all applicable laws (including, but not limited to policies and laws related to spamming, privacy and consumer protection). E-Loan hereby agrees to indemnify and hold harmless Schwab against any damages, losses, liabilities, settlements and expenses (including, without limitation, costs and attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Nothing contained herein is intended to prevent E-Loan from making disclosures about its customer base, provided that such information is presented as generalized aggregate information which does not allow for the identification of any individual Customer. E-Loan hereby agrees that it will make disclosures to Customers concerning its customer privacy policies and, in particular, the sharing of customer information. E-Loan will not disclose to any third party the fact that a Customer (or group of Customers) is a Schwab client.
