Confidential Utility Information means, collectively, aggregated and customer-specific information that Utility is: (A) required by the Commission to provide to ESCO/DC and (B) any other Utility-specific, aggregated, Personal Data, Sensitive Data, or Utility Data, or customer-specific data provided to ESCO/DC by Utility. Confidential Utility Information shall not include any information of ESCO/DC which: (A) was in the public domain at the time of disclosure by Utility to ESCO/DC; (B) became part of the public domain after disclosure by Utility to ESCO through no fault of ESCO/DC; (C) was acquired by ESCO/DC independently after disclosure by Utility to ESCO/DC, from a third party without breach of agreement or violation of law; or (D) was in ESCO’s/DC’s possession prior to the time of disclosure by Utility to ESCO/DC. For avoidance of doubt, data collected by ESCO/DC from customers through its website or other interactions based on those customers’ interest in receiving information from or otherwise engaging with ESCO/DC or its partners shall not be considered Confidential Utility Information or a derivative of Confidential Utility Information for the purpose of this Addendum.
Confidential Utility Information means, collectively, aggregated and customer- specific information that Utility is: (A) required by the Commission to provide to Third Party and (B) any other Utility-specific, aggregated, Personal Data, Sensitive Data, or Utility Data, or customer-specific data provided to Third Party by Utility.
Confidential Utility Information means, collectively, aggregated and customer -specific information that Utility is: (A) required by the Uniform Business Practices (“UBP”) at Section 4: Customer information(C)(2), (3) or Distributed Energy Provider (“DER”) UBP at Section 2C: Customer data, to provide to ESCO, Direct Customer or DER Supplier and or (B) any other Data provided to ESE by Utility and marked confidential by the Utility at the time of disclosure, or (C) a Utility’s operations and/or systems, including but not limited to log-in credentials, but excludes (i) information which is or becomes generally available to the public other than as a result of a disclosure by Receiving Party or its Representatives; (ii) information which was already known to Receiving Party on a non- confidential basis prior to being furnished to Receiving Party by Disclosing Party; (iii) information which becomes available to Receiving Party on a non-confidential basis from a source other than Disclosing Party or a representative of Disclosing Party if such source was not subject to any prohibition against transmitting the information to Receiving Party and was not bound by a confidentiality agreement with Disclosing Party; (iv) information which was independently developed by the Receiving Party or its Representatives without reference to, or consideration of, the Confidential Information; or (v) information provided by the customer with customer consent where the customer expressly agrees that the information is public. EXHIBIT A It is prohibited to store Confidential Utility Information on any mobile forms of storage media, including, but not limited to, laptop PCs, mobile phones, portable backup storage media, and external hard drives, unless the storage media or data is encrypted. All Confidential Utility Information is stored in the United States or Canada only, including, but not limited to, cloud storage environments and data management services. Third Party monitors and alerts their network for anomalous cyber activity on a 24/7 basis. Security awareness training is provided to all personnel with access to Confidential Utility Information. Employee background screening occurs prior to the granting of access to Confidential Utility Information. Replication of Confidential Utility Information to non-company assets, systems, or locations is prohibited. Access to Confidential Utility Information is revoked when no longer required, or if employees separate from the Third Party. Additionally, the attesta...
Examples of Confidential Utility Information in a sentence
Utility shall also have the right to seek an appropriate protective order or other remedy reducing and/or minimizing the extent of Confidential Utility Information that must be disclosed.
All Confidential Utility Information, in whatever form, media, or medium provided or held, and all extracts, compilations, studies, or other documents based on, derived from, or containing Confidential Utility Information, all data electronically exchanged between the Parties, and all correspondence between or among the Parties or their respective Representatives pertaining to the same shall constitute Confidential Utility Information hereunder.
Third Party desires to retain access to certain Confidential Utility Information (as defined previously in this Data Security Agreement), Third Party must THEREFORE self-attest to Third Party’s compliance with the Information Security Control Requirements (“Requirements”) as listed herein.
The Parties acknowledge that disclosure or misuse of Confidential Utility Information in violation of this Agreement may result in irreparable harm to Utility, the amount of which may be difficult to ascertain and which may not be adequately compensated by monetary damages, and that therefore Utility shall be entitled to specific performance and/or injunctive relief to enforce compliance with the provisions of this Agreement.
All Confidential Utility Information is encrypted in transit utilizing industry best practice encryption methods.
More Definitions of Confidential Utility Information
Confidential Utility Information means, collectively, aggregated and customer- specific information that Utility is: (A) required by the Commission to provide to Third Party and (B) any other Utility-specific, aggregated, Personal Data, Sensitive Data, or Utility Data, or customer-specific data provided to Third Party by Utility. Confidential Utility Information shall not include any information of Third Party which: (A) was in the public domain at the time of disclosure by Utility to Third Party; (B) became part of the public domain after disclosure by Utility to Third Party through no fault of Third Party; (C) was acquired by Third Party independently after disclosure by Utility to Third Party, from a third party without breach of agreement or violation of law; or (D) was in Third Party's possession prior to the time of disclosure by Utility to Third Party. For avoidance of doubt, data collected by Third Party from customers through its website or other interactions based on those customers’ interest in receiving information from or otherwise engaging with Third Party or its partners shall not be considered Confidential Utility Information or a derivative of Confidential Utility Information for the purpose of this Agreement.
Confidential Utility Information means, collectively, aggregated and customer-specific information that Utility is: (A) required by the Commission to provide to ESCO, Direct Customer or DER Supplier and (B) any other Utility- specific, aggregated, Personal Data, Sensitive Data, or Utility Data, or customer-specific data provided to ESE by Utility, but excludes (i) information which is or becomes generally available to the public other than as a result of a disclosure by Receiving Party or its Representatives; (ii) information which was already known to Receiving Party on a non-confidential basis prior to being furnished to Receiving Party by Disclosing Party; (iii) information which becomes available to Receiving Party on a non-confidential basis from a source other than Disclosing Party or a representative of Disclosing Party if such source was not subject to any prohibition against transmitting the information to Receiving Party and was not bound by a confidentiality agreement with Disclosing Party; (iv) information which was independently developed by the Receiving Party or its Representatives without reference to, or consideration of, the Confidential Information; or (v) information provided by the customer with customer consent where the customer expressly agrees that the information is public.
Confidential Utility Information means, collectively, aggregated and customer-specific information that Utility is: (A) required by the Commission to provide to ESCO, Direct Customer or DER Supplier and (B) any other Utility- specific, aggregated, Personal Data, Sensitive Data, or Utility Data, or customer-specific data provided to ESE by Utility, but excludes (i) information which is or becomes generally available to the public other than as a result of a disclosure by Receiving Party or its Representatives; (ii) information which
Confidential Utility Information means, collectively, information provided by Utility to Aggregator including, without limitation, all aggregated and anonymized information, Authorized Customer Specific Information, Personal Data and Utility Data.
Confidential Utility Information means information that Utility is: (A) required by the UBP at Section 4: Customer information(C)(2), (3) or UBP DERS at Section 2C: Customer Data, to provide to ESCO, Direct Customer or DERS or
Confidential Utility Information means, collectively, information provided by Utility to Aggregator including, without limitation, all aggregated and anonymized information, Customer-Specific Information, Personal Data and Utility Data.
Confidential Utility Information means, collectively, aggregated and customer- specific information that: (A) Utility is: (A) required by the Commission to provide to ESCO and (B) any other Utility-specific, aggregated, Personal Data, Sensitive Data, or Utility Data, or customer-specific data provided to ESCO by Utility. Confidential Utility Information shall not include: (i) information known to either Party prior to obtaining the same from the other Party, (ii) information in the public domain, (iii) information obtained by a Party from a third party, including a customer, who did not, directly or indirectly, receive the same from the other Party to this Agreement or from a party who was under an obligation of confidentiality to the other Party to this Agreement, or (iv) information developed by either Party independent of any Confidential Utility Information.