NONPUBLIC PERSONAL INFORMATION. Notwithstanding any provision herein to the contrary, the Advisor agrees on behalf of itself and its managers, members, officers, and employees (1) to treat confidentially and as proprietary information of the Trust (a) all records and other information relative to the Fund’s prior, present, or potential shareholders (and clients of said shareholders) and (b) any Nonpublic Personal Information, as defined under Section 248.3(t) of Regulation S-P (“Regulation S-P”), promulgated under the Gramm-Leach-Bliley Act (the “G-L-B Act”); and (2) except after prior notification to and approval in writing by the Trust, not to use such records and information for any purpose other than the performance of its responsibilities and duties hereunder, or as otherwise permitted by Regulation S-P or the G-L-B Act, and if in compliance therewith, the privacy policies adopted by the Trust and communicated in writing to the Advisor. Such written approval shall not be unreasonably withheld by the Trust and may not be withheld where the Advisor may be exposed to civil or criminal contempt or other proceedings for failure to comply after being requested to divulge such information by duly constituted authorities.
NONPUBLIC PERSONAL INFORMATION. Agency controls access to the network on which any Nonpublic Personal Information (“Nonpublic Personal Information” as defined in the Privacy Regulation) released to the Agency by Client is stored, through the compliance with and utilization of its information security measures that restrict access to such Nonpublic Personal Information.
NONPUBLIC PERSONAL INFORMATION. Nonpublic personal information means financial or health related information by which a financial institution's consumers and customers are individually identifiable, including but not limited to nonpublic personal information as defined by Title V of the Gramm-Leach-Bliley Act and regulations adopted pursuant to the Act.
NONPUBLIC PERSONAL INFORMATION. Each party hereto agrees that any Nonpublic Personal Information, as the term is defined in Securities and Exchange Commission Regulation S-P ("Reg S-P"), that may be disclosed by a party hereunder is disclosed for the specific purpose of permitting the other party to perform the services set forth in this Agreement. Each party agrees that, with respect to such information, it will comply with Reg S-P and any other applicable regulations and that it will not disclose any Non-Public Personal Information received in connection with this Agreement to any other party, except to the extent required to carry out the services set forth in this Agreement or as otherwise permitted by law.
NONPUBLIC PERSONAL INFORMATION. The Parties represent and warrant that each maintains, and will continue to maintain, appropriate information security programs and measures designed to ensure the security and confidentiality of “nonpublic personal information” (“NPI”) (as defined in the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.) and any rules promulgated thereunder). Such information security programs and measures shall include appropriate procedures designed to (a) protect against anticipated threats or hazards to the security or integrity of NPI; (b) protect the security of NPI; and (c) to protect against unauthorized access to or use of NPI. The Parties further agree that, except as may be required or allowed by law, they will not disclose any NPI to any third party, and will not use NPI other than to carry out the purposes for which it was disclosed, unless another use is expressly permitted by a written agreement executed by the other Party or required by law. Each Party shall have access, upon reasonable notice, to review any internal and external audits and records of the other as may be reasonably necessary to assess compliance with the security provisions of this Agreement. Each party shall promptly notify the other if it receives any complaint or notice concerning a violation of privacy rights or becomes aware of a breach of customer data security
NONPUBLIC PERSONAL INFORMATION. In the course of carrying out their duties under this Agreement, the Indenture Trustee, the Backup Servicer, the Issuer and the Depositor shall develop or receive certain information regarding the "consumers" and "customers" of the Servicer, including but not limited to "nonpublic personal information," (as those terms are defined in Title V of the Gramm-Leach-Bliley Act and the privacy regulations adopted thereunder). Notwithstanding any other provision of the Agreement, with respect to nonpublic personal information about the customers and consumers of the Servicer, each of the Indenture Trustee, the Backup Servicer, the Issuer and the Depositor agrees as follows: (i) except as may be reasonably necessary in the ordinary course of business to carry out the activities to be performed by the Indenture Trustee, the Backup Servicer, the Issuer or the Depositor under this Agreement or as may be required by law or legal process, it will not disclose any such nonpublic personal information to any third party; (ii) it will not use any such nonpublic personal information other than to carry out the purposes for which it was disclosed to the Indenture Trustee, the Backup Servicer, the Issuer or the Depositor, as applicable, unless such other use is expressly permitted by a written agreement executed by the Servicer or required by law or legal process; (iii) it shall restrict disclosure of the information solely to those of its employees with a need to know and will advise employees who receive the information of the obligation of confidentiality hereunder; and (iv) it will take all reasonable measures, including without limitation such measures as it takes to safeguard its own confidential information, to ensure the security and confidentiality of all such nonpublic personal information, to protect against anticipated threats or hazards to the security or integrity of such nonpublic personal information and to protect against unauthorized access to or use of such nonpublic personal information. The Servicer shall have access (during normal business hours, upon reasonable prior notice) to review such books and records of the Indenture Trustee, the Backup Servicer, Issuer and the Depositor as may be necessary to assess compliance with the requirements of this Section 12.15. All costs and expenses of such a review shall be borne solely by the Servicer, unless the results of such review indicate a breach of this Section 12.15 by the Indenture Trustee, the Backup Servi...
NONPUBLIC PERSONAL INFORMATION. 64 Schedule A Schedule of Receivables Schedule B Representations and Warranties Schedule C Servicing Policies and Procedures Schedule D Custodian Third Party Vendors EXHIBITS Exhibit A Form of Servicer's Certificate Exhibit B Form of Financial Guaranty Insurance Policy SALE AND SERVICING AGREEMENT dated as of July 28, 2005, among TRIAD AUTOMOBILE RECEIVABLES TRUST 2005-B, a Delaware statutory trust (the "Issuer"), TRIAD FINANCIAL SPECIAL PURPOSE LLC, a Delaware limited liability company (the "Depositor"), and TRIAD FINANCIAL CORPORATION, a California corporation ("Triad," in its capacity as Servicer, the "Servicer," and in its capacity as Custodian, the "Custodian"), and JPMORGAN CHASE BANK, N.A., a national banking association organized under the laws of the United States, in its capacity as Backup Servicer and Indenture Trustee (in such capacities, the "Backup Servicer" and the "Indenture Trustee", respectively). The Issuer desires to purchase the Receivables and Other Conveyed Property; The Depositor has purchased the Receivables and Other Conveyed Property from Triad and is willing to sell the Receivables and Other Conveyed Property to the Issuer; The Servicer is willing to service the Receivables; The Custodian is willing to take custody of the Receivable Files.
NONPUBLIC PERSONAL INFORMATION. Nothing herein shall prohibit the Bank from sharing Customer information (other than Nonpublic Personal Information which shall not be so shared) within the Bank and its Affiliates for the purpose of recommending to Customer additional products and services and opportunities for Customer to improve its financial efficiencies. Furthermore, Confidential Information shall not include statistical, aggregate information that is not identified with Customer or any of its customers, and which does not contain Nonpublic Personal Information. This prohibition against disclosure of Confidential Information and Nonpublic Personal Information shall survive the termination of this Agreement.
NONPUBLIC PERSONAL INFORMATION. 1. The REINSURER will keep all Nonpublic Personal Information disclosed to it by the CEDING COMPANY at any time prior to or subsequent to the date hereof in connection with or pursuant to this Agreement strictly confidential. The REINSURER will disclose and use such Nonpublic Personal Information only in the ordinary course of business in carrying out its activities as REINSURER under this Agreement, as permitted or required by applicable law, The REINSURER will take appropriate steps to develop and implement safeguards to protect the security, confidentiality and integrity of the Nonpublic Personal Information in its possession and to report to the CEDING COMPANY, upon request, from time to time with regard to the same. The REINSURER acknowledges that remedies at law may be inadequate to protect against breach of this paragraph and therefore agrees that the CEDING COMPANY may seek injunctive relief if the REINSURER breaches this Article as set forth in paragraph F below.