Common use of Data Protection and Confidentiality Clause in Contracts

Data Protection and Confidentiality. For individuals We will at all times treat all confidential information we hold about you as private and confidential and protect it in the same way we would protect our own confidential information. We will not disclose any confidential information we hold about you to others without your prior consent except: (i) to the extent we are required to do so by law or a regulator; (ii) to insurers, surveyors, loss adjustors, IT service providers, administrative support service providers, and other like persons to the extent necessary to provide our services to you in a timely manner; (iii) to loss assessors, lawyers, and other like persons to the extent necessary to enable such third parties to provide information or services you have requested; (iv) to premium finance companies to the extent necessary to enable them to provide you with greater choice in making premium payments; and (v) to other Xxxxxx Xxxxxx Xxxxxx Companies to the extent necessary to facilitate the effective management, administration, or operation of those businesses. By way of exception to the foregoing, you agree that we may: (i) use any information you provide to create anonymised industry or sector-wide statistics which may be shared with third parties, on the condition that unless we have obtained your consent, information specific to you will not be revealed other than on an anonymised basis and as part of an industry or sector-wide comparison; and (ii) share information concerning your insurance arrangement with insurers where this is necessary to enable insurers to decide whether to participate in any arrangement made by Xxxxxx Xxxxxx Xxxxxx whereby participating insurers agree to automatically insure (wholly or partly) a portfolio of risks without making underwriting decisions on a case by case basis for individual risks within such portfolio. If you provide us with, or make available to us, any information which constitutes ‘personal data’ (including any ‘sensitive personal data’), we will treat such information at all times in accordance with applicable data protection legislation and our Privacy Notice, a copy of which is available here xxxxx://xxx.xxxxxxxxxxxxxxxxxx.xxx/en-IE/Solutions/wealth-management. For corporate entities Where this section uses a term which is defined in the General Data Protection Regulation (Regulation (EU) 2016/679) ("Regulation"), then the definition set out in the Regulation shall apply. Each Party (the “Recipient”) shall protect all confidential information which the other Party (the “Discloser”) provides to it (whether orally, in writing or in any other form) (“Confidential Information”) using the same standards as the Recipient applies to its own comparable confidential information, but in no event less than reasonable measures. Confidential Information shall not include information that is: (a) already known to the Recipient at the time of disclosure; (b) in the public domain or publicly available; (c) provided to it by a third party who is under no such obligation of confidentiality; (d) independently developed by it; or (e) is required to be disclosed by court order, regulatory authority or other legal process, provided that prior to disclosing any Confidential Information, the Recipient shall, if permitted by law, notify, and cooperate with the Discloser, at Discloser’s expense, to lawfully limit and/or obtain appropriate protective orders with respect to such portion(s) of the Confidential Information which is the subject of any such required disclosure. Each Party may disclose Confidential Information to its legal advisers to protect its own legitimate interests or to comply with any legal or regulatory requirements. You agree that we may maintain, process and transfer your Confidential Information in order to perform the Services, and for other reasonable ancillary purposes, unless you instruct otherwise. In addition, you hereby grant us permission to use Confidential Information we receive from you or your representatives in the course of the Services in industry benchmarking studies, trend analyses and research. We may use the results of these studies, analyses and research for various purposes, including articles and studies for distribution to our other clients and prospects. Any such articles or studies will not disclose your participation or mention the inclusion of your data to any other party. Any findings from these studies that may show individual participant results will be on a blinded basis, and will not attribute any finding to a specific participant. If you provide us with, or make available to us, any information which constitutes ‘personal data’ (including any ‘sensitive personal data’), we will treat such information at all times in accordance with applicable data protection legislation, and you agree that we and other Xxxxxx Xxxxxx Xxxxxx Companies may hold and process such information: (i) in order to provide the Services to you; (ii) to facilitate the effective management, development or operation of the Xxxxxx Xxxxxx Xxxxxx Companies; and (iii) to comply with applicable laws, prevent and detect fraud, and cooperate with regulators where appropriate, as outlined in the our Privacy Notice, a copy of which is available here xxxxx://xxx.xxxxxxxxxxxxxxxxxx.xxx/en-IE/Solutions/wealth-management. You will ensure that all personal data has been collected and provided to us in compliance with the Regulation and all other applicable laws and, where required by law, you will obtain data subjects' consent prior to providing personal data to us. You will notify data subjects of the fact that their personal data will be provided to us and the purposes for which we will use such personal data. You will ensure that all personal data provided to us is accurate and, where appropriate, kept up to date, and will notify us if you become aware that such data is inaccurate. You will provide us with reasonable assistance, upon request, in dealing with any requests, inquiries or complaints that we receive from data subjects and/or supervisory authorities in relation to any personal data processed under this agreement. ETHICAL BUSINESS PRACTICE We do not tolerate unethical behaviour either in our own activities or in those with whom we seek to do business. We will comply with all applicable laws, rules, regulations and accounting standards. We also shall not take any action which facilitates the evasion of taxes anywhere in the world or which is contrary to any applicable tax evasion facilitation legislation.

Data Protection and Confidentiality. For individuals We will at all times treat all confidential information we hold about you as private and confidential and protect it in the same way we would protect our own confidential information. We will not disclose any confidential information we hold about you to others without your prior consent except: (i) to the extent we are required to do so by law or a regulator; (ii) to insurers, surveyors, loss adjustors, IT service providers, administrative support service providers, and other like persons to the extent necessary to provide our services to you in a timely manner; (iii) to loss assessors, lawyers, and other like persons to the extent necessary to enable such third parties to provide information or services you have requested; (iv) to premium finance companies to the extent necessary to enable them to provide you with greater choice in making premium payments; and (v) to other Xxxxxx Xxxxxx Xxxxxx Companies to the extent necessary to facilitate the effective management, administration, or operation of those businesses. By way of exception to the foregoing, you agree that we may: (i) use any information you provide to create anonymised industry or sector-sector- wide statistics which may be shared with third parties, on the condition that unless we have obtained your consent, information specific to you will not be revealed other than on an anonymised basis and as part of an industry or sector-wide comparison; and (ii) share information concerning your insurance arrangement with insurers where this is necessary to enable insurers to decide whether to participate in any arrangement made by Xxxxxx Xxxxxx Xxxxxx whereby participating insurers agree to automatically insure (wholly or partly) a portfolio of risks without making underwriting decisions on a case by case basis for individual risks within such portfolio. If you provide us with, or make available to us, any information which constitutes ‘personal data’ (including any ‘sensitive personal data’), we will treat such information at all times in accordance with applicable data protection legislation and our Privacy Notice, a copy of which is available here xxxxx://xxx.xxxxxxxxxxxxxxxxxx.xxx/en-IE/Solutions/wealth-management. xxxx://xxx.xxxxxx.xx/about/gdpr-client-information For corporate entities Where this section uses a term which is defined in the General Data Protection Regulation (Regulation (EU) 2016/679) ("Regulation"), then the definition set out in the Regulation shall apply. Each Party (the “Recipient”) shall protect all confidential information which the other Party (the “Discloser”) provides to it (whether orally, in writing or in any other form) (“Confidential Information”) using the same standards as the Recipient applies to its own comparable confidential information, but in no event less than reasonable measures. Confidential Information shall not include information that is: (a) already known to the Recipient at the time of disclosure; (b) in the public domain or publicly available; (c) provided to it by a third party who is under no such obligation of confidentiality; (d) independently developed by it; or (e) is required to be disclosed by court order, regulatory authority or other legal process, provided that prior to disclosing any Confidential Information, the Recipient shall, if permitted by law, notify, and cooperate with the Discloser, at Discloser’s expense, to lawfully limit and/or obtain appropriate protective orders with respect to such portion(s) of the Confidential Information which is the subject of any such required disclosure. Each Party may disclose Confidential Information to its legal advisers to protect its own legitimate interests or to comply with any legal or regulatory requirements. You agree that we may maintain, process and transfer your Confidential Information in order to perform the Services, and for other reasonable ancillary purposes, unless you instruct otherwise. In addition, you hereby grant us permission to use Confidential Information we receive from you or your representatives in the course of the Services in industry benchmarking studies, trend analyses and research. We may use the results of these studies, analyses and research for various purposes, including articles and studies for distribution to our other clients and prospects. Any such articles or studies will not disclose your participation or mention the inclusion of your data to any other party. Any findings from these studies that may show individual participant results will be on a blinded basis, and will not attribute any finding to a specific participant. If you provide us with, or make available to us, any information which constitutes ‘personal data’ (including any ‘sensitive personal data’), we will treat such information at all times in accordance with applicable data protection legislation, and you agree that we and other Xxxxxx Xxxxxx Xxxxxx Companies may hold and process such information: (i) in order to provide the Services to you; (ii) to facilitate the effective management, development or operation of the Xxxxxx Xxxxxx Xxxxxx Companies; and (iii) to comply with applicable laws, prevent and detect fraud, and cooperate with regulators where appropriate, as outlined in the our Privacy Notice, a copy of which is available here xxxxx://xxx.xxxxxxxxxxxxxxxxxx.xxx/en-IE/Solutions/wealth-management. xxxx://xxx.xxxxxx.xx/about/gdpr-client-information You will ensure that all personal data has been collected and provided to us in compliance with the Regulation and all other applicable laws and, where required by law, you will obtain data subjects' consent prior to providing personal data to us. You will notify data subjects of the fact that their personal data will be provided to us and the purposes for which we will use such personal data. You will ensure that all personal data provided to us is accurate and, where appropriate, kept up to date, and will notify us if you become aware that such data is inaccurate. You will provide us with reasonable assistance, upon request, in dealing with any requests, inquiries or complaints that we receive from data subjects and/or supervisory authorities in relation to any personal data processed under this agreement. ETHICAL BUSINESS PRACTICE We do not tolerate unethical behaviour either in our own activities or in those with whom we seek to do business. We will comply with all applicable laws, rules, regulations and accounting standards. We also shall not take any action which facilitates the evasion of taxes anywhere in the world or which is contrary to any applicable tax evasion facilitation legislation.