Common use of Compliance with the Xxxxx-Xxxxx-Xxxxxx Act Clause in Contracts

Compliance with the Xxxxx-Xxxxx-Xxxxxx Act. (a) The purpose of this section is to ensure that this Agreement conforms to the applicable provisions of the Xxxxx-Xxxxx-Xxxxxx Act (the “Act”). Company acknowledges and agrees that “Non Public Personal Information” and “Personally Identifiable Financial Information” (as defined in Sections 573.3(n) and (o) respectively of the Office of Thrift Supervision Regulations on Privacy of Consumer Information published at 12 CFR Chapter V) about Bank’s customers and Cardholders shall be considered as confidential and proprietary information of Bank, and shall not be disclosed to or shared with any Person without prior written consent of Bank. Non Public Personal Information and Personally Identifiable Financial Information are sometimes collectively called “Customer Information”. Company agrees to implement and maintain appropriate measures designed to meet the objectives of the guidelines establishing standards for safeguarding of Customer Information as adopted from time to time by the Office of Thrift Supervision. Except as provided in, and subject to the limitations stated herein, neither Party will compile, sell or otherwise distribute any lists of Bank’s customers/Cardholders for use by any third parties. Each Party will instruct its employees, agents and contractors (including the Card Processor, Credit Processor(s), Operators and Providers) as to the confidentiality of the Customer Information and will not disclose any such Customer Information to any Person. Each Party also agrees that any internal dissemination of Customer Information and any dissemination to agents and contractors shall be restricted to “a need to know basis” for the purpose of performance hereunder. Each Party shall protect all Customer Information from disclosure with no less than the same degree of care afforded by such Party to protect its own Confidential Information. The foregoing restrictions on disclosure of Customer Information shall apply for so long as is required under Applicable Law.

Compliance with the Xxxxx-Xxxxx-Xxxxxx Act. (a) The purpose of this section is to ensure that this Agreement conforms to the applicable provisions of the Xxxxx-Xxxxx-Xxxxxx Act (the “"Act”"). Company Program Manager acknowledges and agrees that “"Non Public Personal Information” " and “"Personally Identifiable Financial Information” " (as defined in Sections 573.3(n) and (o) respectively of the Office of Thrift Supervision Regulations on Privacy of Consumer Information published at 12 CFR Chapter V) about Bank’s 's customers and Cardholders shall be considered as confidential and proprietary information of Bank, and shall not trot be disclosed to or shared with any Person third party without prior written consent of Bank. Non Public Personal Information and Personally Identifiable Financial Information are sometimes collectively called “Customer Information”. Company Program Manager agrees to implement and maintain appropriate measures designed to meet the objectives of the guidelines establishing standards for safeguarding of Customer Non Public Personal Information and Personally Identifiable Financial Information as adopted from time to time by the Office of Thrift Supervision. Except as provided in, and subject to the limitations stated herein, neither Party Program Manager will not compile, use, sell or otherwise distribute any lists of Bank’s customers's customer's/Cardholders nor use the names, account numbers or any other Non Public Personal Information and Personally Identifiable Financial Information about customers or Cardholders to compile, use, sell or distribute lists or data for use by Program Manager, its subsidiaries or affiliates, or by any third parties. Each Party Program Manager will instruct its employees, agents and contractors (including the Card Processor, Credit Processor(s), Operators and Providersprocessor) as to the confidentiality of the Customer die Non Public Personal Information and Personally Identifiable Financial Information and will not disclose any such Customer Non Public Personal Information or Personally Identifiable Financial Information to any Personthis party or entity. Each Party Program Manager also agrees that any internal dissemination of Customer the aforementioned confidential Non Public Information or Personally Identifiable Financial Information within its own business entity and any dissemination to agents and contractors shall be restricted to “"a need to know basis” " for the purpose of performance hereunder. Each Party Program Manager shall protect all Customer any Non Public Personal Information and Personally Identifiable Financial Information from disclosure with no less than the same degree of care afforded by such Party Program Manager to protect its own Confidential Information. The foregoing restrictions on disclosure of Customer Non Public Personal Information and Personally Identifiable Financial Information shall apply for so long as is required under Applicable Lawapplicable statutes and regulations. All Program Manager obligations and undertakings relating to Non Public Personal Information and Personally Identifiable Financial Information shall survive the termination of this Agreement for whatever reason. Program Manager agrees and represents to Bank that it (or its processor) will implement a security program including measures designed to meet the objectives of the Interagency Guidelines Establishing Standards for Safeguarding Customer Information (the "Guidelines"). Bank has the right to make reasonable requests to inspect, during normal business hours and upon 30 days advance written notice, Program Manager' Program, associated audit reports, summaries of test results or equivalent measures taken by Program Manager or the processor to ensure that its security measures meet the objectives of the Guidelines in accordance with the Rules and this Agreement. In carrying out the above-described obligations to secure and protect the respective Confidential Information of Bank, Program Manager agrees that it will protect the Confidential Information of Bank and will require any of its service providers or subcontractors to protect and safeguard the Confidential Information of Bank to the same degree required of Program Manager. Program Manager agrees that in the event there is a breach of security resulting in unauthorized disclosure of the Confidential information of Bank, Program Manager will promptly notify Bank of such breach, the nature of such breach, and the corrective action taken to respond to the breach.