Common use of Treatment of Customer and Employee Information Clause in Contracts

Treatment of Customer and Employee Information. Without limiting any other provision of this Agreement, and in particular the confidentiality provisions of Section 4 (Confidentiality), during the term of the Agreement and thereafter in perpetuity, BNYM will not gather, store, log, archive, use or otherwise retain any Customer and Employee Information in any manner and will not disclose, distribute, sell, share, rent or otherwise transfer any Customer and Employee Information to any third party, except as expressly provided in this Agreement or as BNYM may be expressly directed in advance in writing by the Fund. BNYM agrees that BNYM will use Customer and Employee Information only in compliance with: (a) this Agreement; and (b) all laws applicable to BNYM (including but not limited to laws related to spamming, privacy, and consumer protection). BNYM agrees not use any portfolio holdings information of the Fund to make any investment decision relating to the Fund or any other securities transaction.