Common use of PRIVACY AND CONFIDENTIALITY INFORMATION Clause in Contracts

PRIVACY AND CONFIDENTIALITY INFORMATION. For purposes of this Section, “Customer Information” means non-public personally identifiable information as defined in the Xxxxx-Xxxxx-Xxxxxx Act and the rules and regulations promulgated thereunder. Each party agrees not to use, disclose or distribute to others Customer Information except as necessary to perform the terms of this Agreement and each party agrees to comply with all applicable provisions of the Xxxxx-Xxxxx-Xxxxxx Act and any rules or regulations thereunder. For purposes of this Section, “Confidential Information” means any data or information regarding a party’s proprietary or confidential information that is designated as such in writing or that it should reasonably be known as such by the receiving party. Confidential Information does not include information that (a) was in the public domain prior to the date of this Agreement or subsequently came into the public domain through no fault of the receiving party (“Receiving Party”) or by no violation of this Agreement; (b) was lawfully received by the Receiving Party from a third party free of any obligation of confidence of such third party; (c) was already in the possession of the Receiving Party prior to receipt thereof directly or indirectly from the disclosing party (“Disclosing Party”); (d) is required to be disclosed pursuant to applicable laws, regulatory or legal process, subpoena or court order; (e) is subsequently and independently developed by employees, consultants or agents of the Receiving Party without reference to or use of the Confidential Information disclosed under this Agreement; or (f) the annual fees payable to Nationwide under this Agreement. Each of the parties warrants to the other that it shall not disclose to any person any Confidential Information which it may acquire in the performance of this Agreement; nor shall it use such Confidential Information for any purposes other than to fulfill its contractual obligations under this Agreement and it will maintain the other party’s Customer and Confidential Information with reasonable care, which shall not be less than the degree of care it would use for its own such information. In the event Confidential Information includes Customer Information, the Customer Information clause controls.

PRIVACY AND CONFIDENTIALITY INFORMATION. For purposes of this Section, “"Customer Information” " means non-public personally identifiable information as defined in the Xxxxx-Xxxxx-Xxxxxx Act and the rules and regulations promulgated thereunder. Each , and each party agrees not to use, disclose or distribute to others Customer Information any such information except as necessary to perform the terms of this Agreement and each party agrees to comply with all applicable provisions of the Xxxxx-XxxxxXxxxx-­Xxxxx-Xxxxxx Act and any rules or regulations thereunderAct. For purposes of this SectionSection and the next, “"Confidential Information” " means any data or information regarding a party’s proprietary or confidential information that is designated as such in writing or that it should reasonably be known as such by concerning each of the receiving partyparties. Confidential Information does not include information that (a) was in the public domain prior to the date of this Agreement or subsequently came into the public domain through no fault of the receiving party (“"Receiving Party”") or by no violation of this Agreement; (b) was lawfully received by the Receiving Party from a third party free of any obligation of confidence of such third party; (c) was already in the possession of the Receiving Party prior to receipt thereof directly or indirectly from the disclosing party (“"Disclosing Party”"); (d) is required to be disclosed pursuant to applicable laws, regulatory or legal process, subpoena or court order; or, (e) is subsequently and independently developed by employees, consultants or agents of the Receiving Party without reference to or use of the Confidential Information disclosed under this Agreement; or (f) the annual fees payable to Nationwide under this Agreement. Each of the parties warrants to the other that it shall not disclose to any person any Confidential Information which it may acquire in the performance of this Agreement; nor shall it use such Confidential Information for any purposes other than to fulfill its contractual obligations under this Agreement and it will maintain the other party’s 's Customer and Confidential Information with reasonable care, which shall not be less than the degree of care it would use for its own such information. In the event Confidential Information includes Customer Information, the Customer Information clause controls.

PRIVACY AND CONFIDENTIALITY INFORMATION. For purposes of this Section, “"Customer Information” " means non-public personally identifiable information as defined in the Xxxxx-Xxxxx-Xxxxxx Act and the rules and regulations promulgated thereunder. Each party agrees not to use, disclose or distribute to others any Customer Information except as necessary to perform the terms of this Agreement Agreement, and each party agrees to comply with all applicable provisions of the Xxxxx-Xxxxx-Xxxxxx Act Act. Notwithstanding anything to the contrary contained herein, the parties acknowledge that Nationwide, and any rules not NBMI, shall be responsible for compliance under this Section with respect to the beneficial owners of the Fund shares and that NBMI shall be responsible for such compliance only with respect to the record holders of the Fund shares; provided, however, that to the extent that NBMI receives participant or regulations thereunderbeneficial owner Customer Information from Nationwide, it shall treat such information as Customer Information subject to the provisions of this Section This provision shall survive the termination of this Agreement. For purposes of this SectionSection and the next, “"Confidential Information” " means any data or information regarding a party’s proprietary or confidential information that is designated as such in writing or that it should reasonably be known as such by concerning each of the receiving partyparties. Confidential Information does not include information that (a) was in the public domain prior to the date of this Agreement or subsequently came into the public domain through no fault of the receiving party (“"Receiving Party”") or by no violation of this Agreement; (b) was lawfully received by the Receiving Party from a third party free of any obligation of confidence of such third party; (c) was already in the possession of the Receiving Party prior to receipt thereof directly or indirectly from the disclosing party (“"Disclosing Party”"); (d) is required to be disclosed pursuant to applicable laws, regulatory or legal process, subpoena or court order; or, (e) is subsequently and independently developed by employees, consultants or agents of the Receiving Party without reference to or use of the Confidential Information disclosed under this Agreement; or (f) the annual fees payable to Nationwide under this Agreement. Each of the parties warrants to the other that it shall not disclose to any person any Confidential Information which it may acquire in the performance of this Agreement; nor shall it use such Confidential Information for any purposes other than to fulfill its contractual obligations under this Agreement and it will maintain the other party’s 's Customer and Confidential Information with reasonable care, which shall not be less than the degree of care it would use for its own such information. In the event Confidential Information includes Customer Information, the Customer Information clause controls.

PRIVACY AND CONFIDENTIALITY INFORMATION. For purposes of this Section, “"Customer Information” " means non-public personally identifiable information as defined in the Xxxxx-Xxxxx-Xxxxxx Act and the rules and regulations promulgated thereunder. Each , and each party agrees not to use, disclose or distribute to others Customer Information any such information except as necessary to perform the terms of this Agreement and each party agrees to comply with all applicable provisions of the XxxxxGramm­Leach-Xxxxx-Xxxxxx Act and any rules or regulations thereunderBliley Act. For purposes of this SectionSection and the next, “"Confidential Information” " means any data or information regarding a party’s proprietary or confidential information that is designated as such in writing or that it should reasonably be known as such by concerning each of the receiving partyparties. Confidential Information does not include information that (a) was in the public domain prior to the date of this Agreement or subsequently came into the public domain through no fault of the receiving party (“"Receiving Party”") or by no violation of this Agreement; (b) was lawfully received by the Receiving Party from a third party free of any obligation of confidence of such third party; (c) was already in the possession of the Receiving Party prior to receipt thereof directly or indirectly from the disclosing party (“"Disclosing Party”"); (d) is required to be disclosed pursuant to applicable laws, regulatory or legal process, subpoena or court order; or, (e) is subsequently and independently developed by employees, consultants or agents of the Receiving Party without reference to or use of the Confidential Information disclosed under this Agreement; or (f) the annual fees payable to Nationwide under this Agreement. Each of the parties warrants to the other that it shall not disclose to any person any Confidential Information which it may acquire in the performance of this Agreement; nor shall it use such Confidential Information for any purposes other than to fulfill its contractual obligations under this Agreement and it will maintain the other party’s 's Customer and Confidential Information with reasonable care, which shall not be less than the degree of care it would use for its own such information. In the event Confidential Information includes Customer Information, the Customer Information clause controls.

PRIVACY AND CONFIDENTIALITY INFORMATION. For purposes of this Section, “Customer Information” means non-public personally identifiable information as defined in the Xxxxx-Xxxxx-Xxxxxx Act and the rules and regulations promulgated thereunder. Each party agrees not to use, disclose or distribute to others Customer Information except as necessary to perform the terms of this Agreement and each party agrees to comply with all applicable provisions of the Xxxxx-Xxxxx-Xxxxxx Act and any rules or regulations thereunder. For purposes of this Section, “Confidential Information” means any data or information regarding a party’s proprietary or confidential information that is designated as such in writing or that it should reasonably be known as such by the receiving party. Confidential Information does not include information that (a) was in the public domain prior to the date of this Agreement or subsequently came into the public domain through no fault of the receiving party (“Receiving Party”) or by no violation of this Agreement; (b) was lawfully received by the Receiving Party from a third party free of any obligation of confidence of such third party; (c) was already in the possession of the Receiving Party prior to receipt thereof directly or indirectly from the disclosing party (“Disclosing Party”); (d) is required to be disclosed pursuant to applicable laws, regulatory or legal process, subpoena or court order; (e) is subsequently and independently developed by employees, consultants or agents of the Receiving Party without reference to or use of the Confidential Information disclosed under this Agreement; or (f) the annual fees payable to Nationwide under this Agreement. Agreement as set forth in Exhibit A. Each of the parties warrants to the other that it shall not disclose to any person any Confidential Information which it may acquire in the performance of this Agreement; nor shall it use such Confidential Information for any purposes other than to fulfill its contractual obligations under this Agreement and it will maintain the other party’s Customer and Confidential Information with reasonable care, which shall not be less than the degree of care it would use for its own such information. In the event Confidential Information includes Customer Information, the Customer Information clause controls.

PRIVACY AND CONFIDENTIALITY INFORMATION. For purposes of this Section, “"Customer Information” " means non-public personally identifiable information as defined in the XxxxxGxxxx-Xxxxx-Xxxxxx Act and the rules and regulations promulgated thereunder. Each party agrees not to use, disclose or distribute to others any Customer Information except as necessary to perform the terms of this Agreement Agreement, and each party agrees to comply with all applicable provisions of the XxxxxGxxxx-Xxxxx-Xxxxxx Act and any rules or regulations thereunderAct. For purposes of this SectionSection and the next, “"Confidential Information” " means any data or information regarding a party’s proprietary or confidential information that is designated as such in writing or that it should reasonably be known as such by concerning each of the receiving partyparties. Confidential Information does not include information that (a) was in the public domain prior to the date of this Agreement or subsequently came into the public domain through no fault of the receiving party (“"Receiving Party”") or by no violation of this Agreement; (b) was lawfully received by the Receiving Party from a third party free of any obligation of confidence of such third party; (c) was already in the possession of the Receiving Party prior to receipt thereof directly or indirectly from the disclosing party (“"Disclosing Party”"); (d) is required to be disclosed pursuant to applicable laws, regulatory or legal process, subpoena or court order; or, (e) is subsequently and independently developed by employees, consultants or agents of the Receiving Party without reference to or use of the Confidential Information disclosed under this Agreement; or (f) the annual fees payable to Nationwide under this Agreement. Each of the parties warrants to the other that it shall not disclose to any person any Confidential Information which it may acquire in the performance of this Agreement; nor shall it use such Confidential Information for any purposes other than to fulfill its contractual obligations under this Agreement and it will maintain the other party’s 's Customer and Confidential Information with reasonable care, which shall not be less than the degree of care it would use for its own such information. In the event Confidential Information includes Customer Information, the Customer Information clause controls.