Data Privacy Requirements Clause Samples
Data Privacy Requirements. 9.1. During the term of this Agreement, Company may receive, process or store Personal Data from ▇▇▇▇▇▇ or its clients personal data protected by international, national, state or local laws restricting collection, use, disclosure, processing and free movement of such Personal Data (“Privacy Regulations”). “Personal Data” includes, but is not limited to names, addresses and other identifying information, financial information, personal health information, non-public personal information, and any other information that: (i) identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household or (ii) is subject to to any foreign or domestic Privacy Regulation. To the extent Company is in receipt of such Personal Data, in addition to taking all security measures required elsewhere in this Agreement for the protection of Confidential Information, Company represents and warrants that it will: (a) avoid any cross-border transfer, processing or maintenance of Personal Data without the prior written consent of ▇▇▇▇▇▇; (b) maintain technical, organizational, and security measures designed to protect the confidentiality of the Personal Data; (c) not use Personal Data for any purpose other than fulfillment of this Agreement unless otherwise agreed in writing; (d) use at least the same degree of care to safeguard and to prevent unauthorized access, disclosure, publication, destruction, loss, alteration, or use of ▇▇▇▇▇▇’▇ Personal Data as Company employs to avoid unauthorized access, disclosure, publication, destruction, loss, alteration or use of Company’s own information of a similar nature, but in any event not less than reasonable care; (e) not sell, rent, disclose, release, transfer, make available or otherwise communicate, Personal Data to a third party for monetary or other valuable consideration; (f) comply with all Privacy Regulations; and (g) otherwise comply with ▇▇▇▇▇▇’▇ written data security and privacy requirements, which ▇▇▇▇▇▇ may update from time to time. In the event cross-border transfers of Personal Data are contemplated, Company will enter into subsequent agreements or amendments to this Agreement as ▇▇▇▇▇▇ may reasonably require from time to time.
Data Privacy Requirements. (a) Envestnet will ensure that web pages of the Customized Envestnet Platform have a hyperlink, prominently placed and appropriately labeled, to Envestnet’s then-current privacy policy applicable to any data or other information received by Envestnet from an Advisor (or other authorized user of the Customized Envestnet Platform). Envestnet shall handle (and shall ensure that of the Customized Envestnet Platform will handle) all data and other information received by Envestnet from an Advisor (or other authorized user of the Customized Envestnet Platform Customized Envestnet Platform) in accordance with Envestnet’s published privacy policy in effect at that time such data and information was obtained. With respect to any data or information concerning an Advisor or a client of an Advisor where Envestnet or the Customized Envestnet Platform obtained such data or information from FBS, Envestnet shall handle (and shall ensure that of the Customized Envestnet Platform will handle) all such data and other information in accordance with FBS’s published privacy policy in effect at that time such data and information was obtained.
(b) With respect to the Customized Envestnet Platform and Envestnet’s activities hereunder, Envestnet shall comply with all applicable federal, state, local, foreign and international laws, regulations, governmental orders and treaties pertaining to the privacy and/or protection of customer or personal information (including, without limitation, Regulation S-P (Privacy of Consumer Financial Information) promulgated by the SEC) and notifications with respect to security breaches involving customer or personal information (including, without limitation, California Civil Code Sections 1798.82-1798.84).
1. Householding: Program fees are calculated based on the total assets held within a household within each Program, including Manager Resource Wrap, Manager Resource Network, Multi-Manager Accounts and Wrap Fee Program. A household includes all accounts held by members of an immediate family, i.e., parents, siblings, spouse, and children. Assets held in all separately managed account portfolios (equity SMA, fixed income SMA, and mutual fund holdings) within a household are summed to calculate fees for those accounts. Similar calculations are made within the other Program types (i.e., mutual fund wrap accounts and multi-manager accounts).
Data Privacy Requirements. (a) Envestnet will ensure that web pages of the Customized Envestnet Platform have a hyperlink, prominently placed and appropriately labeled, to Envestnet’s then-current privacy policy applicable to any data or other information received by Envestnet from an Advisor (or other authorized user of the Customized Envestnet Platform). Envestnet shall handle (and shall ensure that the Customized Envestnet Platform will handle) all data and other information received by Envestnet from an Advisor (or other authorized user of the Customized Envestnet Platform) in accordance with Envestnet’s published privacy policy in effect at that time such data and information was obtained. With respect to any data or information concerning an Advisor or a client of an Advisor where Envestnet or the Customized Envestnet Platform obtained such data or information from National, Envestnet shall handle (and shall ensure that the Customized Envestnet Platform will handle) all such data and other information in accordance with National’s published privacy policy in effect at that time such data and information was obtained.
(b) With respect to the Customized Envestnet Platform and Envestnet’s activities hereunder, Envestnet shall comply with all applicable federal, state, local, foreign and international laws, regulations, governmental orders and treaties pertaining to the privacy and/or protection of customer or personal information (including, without limitation, Regulation S-P
Data Privacy Requirements. (a) Envestnet will ensure that web pages of the Software have a hyperlink, prominently placed and appropriately labeled, to Envestnet’s then-current privacy policy applicable to any data or other information received by Envestnet from an Advisor (or other authorized user of the Software). Envestnet shall handle (and shall ensure that the Software will handle) all data and other information received by Envestnet from an Advisor (or other authorized user of the Software) in accordance with Envestnet’s published privacy policy in effect at that time such data and information was obtained. With respect to any data or information concerning an Advisor or a Client of an Advisor where Envestnet or the Software obtained such data or information from Fidelity, Envestnet shall handle (and shall ensure that the Software will handle) all such data and other information in accordance with Fidelity’s published privacy policy in effect at that time such data and information was obtained.
(b) With respect to the Software and Envestnet’s activities hereunder, Envestnet shall comply with all applicable federal, state, local, foreign and international laws, regulations, governmental orders and treaties pertaining to the privacy and/or protection of customer or personal information (including, without limitation, Regulation S-P (Privacy of Consumer Financial Information) promulgated by the SEC) and notifications with respect to security breaches involving customer or personal information (including, without limitation, California Civil Code Sections 1798.82-1798.84).