Common use of CONFIDENTIALITY AND SECURITY OF INFORMATION Clause in Contracts

CONFIDENTIALITY AND SECURITY OF INFORMATION. The Reinsurer and the Ceding Company recognize that the business of reinsurance requires the transmission, use, and storage of "non-public personal information" (as the term is defined in the Gramm-Leach-Bliley Act and applicable regulations promulgated thereunder) (▇▇▇▇▇▇ ▇▇▇ "▇▇▇▇▇mation") about proposed, current, and former owners, insureds, applicants, and beneficiaries (collectively, "Customers"), and both parties are committed to conduct business in a manner that provides the required security for the Information. In consideration of the promises contained in this Agreement and the business between the Reinsurer and the Ceding Company, the parties agree as follows: 1. The Reinsurer acknowledges that it has and/or will receive Information about Customers from the Ceding Company. The Reinsurer agrees that it may use the Information only for the purposes set forth in the reinsurance agreements by and between the parties. The Reinsurer and the Ceding Company agree to transmit Information only through reasonably secure transmission devices including, when appropriate, encrypted electronic transmission. 2. The Reinsurer agrees to treat Information as confidential and to maintain its confidentiality by, among other things, maintaining a reasonably secure system for handling the Information and exercising no less than that degree of care the Reinsurer exercises with respect to its own information of a similar nature that it does not wish to be disclosed to a third party. In that regard, and without limitation, the Reinsurer agrees to employ the following practices: A) The Reinsurer will advise employees who receive Information of the obligation of confidentiality under this Agreement (the Ceding Company agrees that communication by the Reinsurer to its employees of a general policy regarding confidentiality of customer information, including information about customers of ceding companies, is sufficient to satisfy this clause.); and B) Except as required by law, the Reinsurer will not disclose Information to third parties without the consent of the Ceding Company; however, the Ceding Company agrees that the Reinsurer may, in the normal course of its business, share Information with other insurance and reinsurance companies ("Retrocessionaires") to the extent necessary to retrocede risk to the Retrocessionaires, so long as the Retrocessionaires have agreed to maintain the confidentiality of the Information on terms substantially similar to this Agreement. 3. In the event the Reinsurer is required by court order or other legislative, judicial, or administrative process to disclose Information, the Reinsurer agrees to provide the Ceding Company with prompt notice of the order or process so the Ceding Company has an opportunity to obtain a protective order or other relief. 4. The terms of this article shall survive in the event that the Ceding Company or its successors, and the Reinsurer, or its successors, cease their business relationship.

Appears in 2 contracts

Sources: Reinsurance Agreement (Jackson National Separate Account Iv), Automatic and Facultative Yrt Reinsurance Agreement (Jnlny Separate Account Iv)

CONFIDENTIALITY AND SECURITY OF INFORMATION. The Reinsurer and the Ceding Company recognize that the business of reinsurance requires the transmission, use, and storage of "non-public personal information" (as the term is defined in the Gramm-Leach-Bliley Act and applicable regulations promulgated thereunder) (▇▇▇▇▇▇ ▇▇▇ "▇▇▇▇▇mation") about proposed, current, and former owners, insureds, applicants, and beneficiaries (collectively, "Customers"), and both parties are committed to conduct business in a manner that provides the required security for the Information. In consideration of the promises contained in this Agreement and the business between the Reinsurer and the Ceding Company, the parties agree as follows: 1. The Reinsurer acknowledges that it has and/or will receive Information about Customers from the Ceding Company. The Reinsurer agrees that it may use the Information only for the purposes set forth in the reinsurance agreements by and between the parties. The Reinsurer and the Ceding Company agree to transmit Information only through reasonably secure transmission devices including, when appropriate, encrypted electronic transmission. 2. The Reinsurer agrees to treat Information as confidential and to maintain its confidentiality by, among other things, maintaining a reasonably secure system for handling the Information and exercising no less than that degree of care the Reinsurer exercises with respect to its own information of a similar nature that it does not wish to be disclosed to a third party. In that regard, and without limitation, the Reinsurer agrees to employ the following practices: Aa) The Reinsurer will advise employees who receive Information of the obligation of confidentiality under this Agreement (the Ceding Company agrees that communication by the Reinsurer to its employees of a general policy regarding confidentiality of customer information, including information about customers of ceding companies, is sufficient to satisfy this clause.); and Bb) Except as required by law, the Reinsurer will not disclose Information to third parties without the consent of the Ceding Company; however, the Ceding Company agrees that the Reinsurer may, in the normal course of its business, share Information with other insurance and reinsurance companies ("Retrocessionaires") to the extent necessary to retrocede risk to the Retrocessionaires, so long as the Retrocessionaires have agreed to maintain the confidentiality of the Information on terms substantially similar to this Agreement. 3. In the event the Reinsurer is required by court order or other legislative, judicial, or administrative process to disclose Information, the Reinsurer agrees to provide the Ceding Company with prompt notice of the order or process so the Ceding Company has an opportunity to obtain a protective order or other relief. 4. The terms of this article shall survive in the event that the Ceding Company or its successors, and the Reinsurer, or its successors, cease their business relationship.

Appears in 2 contracts

Sources: Reinsurance Agreement (Jackson National Separate Account Iv), Automatic and Facultative Yrt Reinsurance Agreement (Jnlny Separate Account Iv)