Ownership of Accounts and Information Clause Samples
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Ownership of Accounts and Information. (a) The parties recognize that Cardholders are Customers, and that each of Bank and Company has certain ownership rights in information relating to such individuals in their respective roles as Cardholders and Customers. The parties acknowledge that the same or similar information may be contained in the Bank Cardholder Information (defined below) and the Company Customer Information (defined below); such common information being referred to herein as “Common Information”. Each such pool of data shall therefore be considered separate information subject to the specific provisions applicable to that data hereunder. For example, in subsection (b) below Bank is authorized to use Company Customer Information only for certain limited purposes. Presume such information included names of both Customers who were Cardholders and non-Cardholder Customers. The names of those who were both Customers and Cardholders would be Common Information. So, Bank would not be limited by the terms of subsection (b) as to such names. However, the names of non-Cardholder Customers would not be Common Information, and thus would be subject to the limitations set forth in subsection (b). Likewise, though subsection (c) below limits what Company can do with Bank Cardholder Information, such limitations do not apply to that portion of Bank Cardholder Information that is comprised of Common Information.
(b) The Customer’s names, phone numbers, mailing addresses and e-mail addresses, if applicable, and other Customer information collected by Company independent of Bank and set forth in Company’s records, including Company’s Transaction Record information, shall be the exclusive property of Company; such information and Company’s Common Information shall be referred to collectively as “Company Customer Information”. Company Customer Information might or might not be comprised exclusively of Company’s Consumer Personal Information. As reasonably requested by Bank, Company shall provide the names, mailing addresses and e-mail addresses of Customers for whom Company has such information to Bank, to be used by Bank only for purposes of (i) evaluating such Customer’s creditworthiness, (ii) soliciting such Customers for Credit Cards, and (iii) administering the Plan in accordance with the terms of this Agreement and Applicable Law. To the extent permitted by Applicable Law, Company’s privacy and security policies shall authorize Company to disclose such information to Bank. Additionally, all Tr...
Ownership of Accounts and Information. Retailer acknowledges that, except in the case of a chargeback or if Retailer elects to purchase the Accounts as set forth in Section 20, Bank owns all Accounts, and all information concerning Accountholders, applicants and Accounts obtained in connection with the Program (collectively, “Accountholder Information”), and that Retailer has no ownership rights therein. Accordingly, Retailer will not represent itself as the owner of, or the creditor on, any Account or Accountholder Information. Both (i) as a precaution, to confirm Bank’s ownership of Accounts and related documentation, and (ii) to secure payment of and performance by Retailer of any and all indebtedness, liabilities or obligations, now existing or hereafter arising pursuant to this Agreement, including indebtedness, liabilities and obligations that may be deemed to exist in the event of the applicability of Article 9 of the UCC to, and any recharacterization of, any transactions contemplated hereby, Retailer hereby grants to Bank a first priority continuing security interest in any right, title or interest that Retailer may now have or may hereafter be deemed to have in the Accounts and related documentation, and in any goods charged to Accounts which have been returned to Retailer but for which Retailer has not submitted a corresponding credit transaction to Bank, and the proceeds of all of the foregoing. Retailer authorizes Bank to prepare and file (subject to Retailer’s reasonable written approval) a UCC financing statement which clearly and specifically identifies only the collateral set forth above in this Section 9, and will sign any related documentation reasonably requested by Bank, including without limitation, any intercreditor agreements necessary to ensure that none of Retailer’s other creditors asserts any claim on the Accounts or any related documentation. ** Confidential portions have been omitted pursuant to a request for confidential treatment by Haverty Furniture Companies, Inc. pursuant to Rule 24B-2 under the Securities Exchange Act of 1934.
Ownership of Accounts and Information. (a) Virgin and Bank recognize that Cardholders are Members, and that each party has certain ownership rights in information relating to such individuals in their respective roles as Cardholders and Members. The parties acknowledge that the same or similar information may be contained in the Bank Cardholder Information (defined below) and Virgin Member Information (defined below); such common information being referred to herein as “Common Information”. Each such pool of data shall therefore be considered separate information subject to the specific provisions applicable to that data hereunder.
(b) The Members’ names and addresses and other Member information collected by Virgin independent of Bank and set forth in Virgin’s records shall be the exclusive property of Virgin; such information and Virgin’s Common Information shall be referred to collectively as “Virgin Member Information”. Prior to the Program Commencement Date, Virgin shall provide to Bank no less than ***** marketable Member names and addresses, as well as e-mail addresses, which e-mail addresses will only be used by Bank in connection with marketing initiatives approved by the Operating Committee. Additionally, as requested by Bank and in any event, no less than *****, Virgin shall provide the names, addresses, telephone numbers and e-mail addresses of new marketable Members to Bank, to be used only for purposes of (i) evaluating such Member’s creditworthiness, (ii) soliciting such Members for Credit Cards, (iii) administering the Program in accordance with the terms of this Agreement and Applicable Law. Bank shall protect the confidentiality of such information as set forth in Section 8.9.
(i) Subject to Virgin’s rights pursuant to Schedule 7.4, Bank shall own the Program, and all Accounts under the Program, from the time of establishment and Virgin shall not have any right to any indebtedness on an Account or to any Account payment from a Cardholder arising out of or in connection with any Purchases under the Program. Additionally, all information related to the Program, the Accounts set forth in Bank’s records, including without limitation the information listed in Schedule 2.6, the information obtained through applications, the receivables, names, addresses, credit, and transaction information of Cardholders shall be the exclusive property of Bank. Such information and Bank’s Common Information shall be referred to collectively as “Bank Cardholder Information”. Bank shall keep the Accou...
Ownership of Accounts and Information. (a) Company and Bank recognize that Cardholders are Members, and that each party has certain ownership rights in information relating to such individuals in their respective roles as Cardholders and Members. [*] The parties acknowledge that the same or similar information may be contained in the Bank Cardholder Information (defined below) and the Company Member Information (defined below); such common information being referred to herein as “Common Information.” Each such pool of data shall therefore be considered separate information subject to the specific provisions applicable to that data hereunder.
(b) [*]; such information and Company’s Common Information shall be referred to collectively as “Company Member Information”. [*]. Bank shall use the most current Company Member List provided by Company for any marketing efforts conducted by Bank. [*].
(c) (i) [*]. Additionally, [*]. Such information and Bank’s Common Information shall be referred to collectively as “Bank Cardholder Information.” [*], except as permitted by this subsection or Section 8.9, or to use Bank Cardholder Information (including Applicant Information) for any purpose other than the operation and administration of the Program, and for Bank’s portfolio-wide analysis. Following the Term of this Agreement, [*]. Furthermore, following the Term of this Agreement, [*].
Ownership of Accounts and Information. Professional acknowledges that Bank owns all Accounts and Cards, and all information concerning Cardholders, applicants and Accounts obtained in connection with the Program (collectively, “Cardholder Information”), and that Professional has no ownership rights therein. The parties acknowledge that Cardholder Information, which documents the relationship between individual clients/patients and Bank, is not considered “Protected Health Information”, as that term is defined in federal health care privacy regulations. Accordingly, Professional will not represent itself as the owner of, or the creditor on, any Account or Cardholder Information. As a precaution, to confirm Bank’s ownership of Accounts and related documentation, Professional hereby grants to Bank a first priority continuing security interest in any right, title or interest that Professional may now have or may hereafter be deemed to have in the Accounts and related documentation, and in the Reserve Account. Professional authorizes Bank to prepare and file any documentation required to evidence and enforce this security interest, including UCC financing statements, and will sign any related documentation requested by Bank, including without limitation, any intercreditor agreements necessary to ensure that none of Professional’s other creditors asserts any claim on the Accounts, the Reserve Account or any related documentation.
Ownership of Accounts and Information. It is understood that TDFS will be the owner of all Credit Card Accounts, and related receivables, and all Cardholder Information and, to the extent not prohibited by Applicable Law, retains a security interest in Cardholder’s Purchases as stated in the Card Agreement with TDFS. TDFS will classify Credit Card Accounts under the Program through a series of designated Credit Card Account numbers. Both (i) as a precaution, if TDFS’s ownership of Credit Card Accounts and related receivables is ever called into question, and (ii) to secure payment of and performance by Merchant of any indebtedness, liabilities or obligations arising under this Agreement, and any recharacterization of, any transactions contemplated under this Agreement, Merchant hereby grants to TDFS a first priority continuing security interest in any right, title or interest that Merchant may now have or may hereafter be deemed to have in the Credit Card Accounts and related receivables, in the Reserve Account and Collateral Account, and in any goods charged to Credit Card Accounts that have been returned to Merchant but for which Merchant has not properly submitted a credit and/or provided reimbursement to TDFS, and the proceeds of all of the foregoing.
Ownership of Accounts and Information. Merchant acknowledges that Bank owns all Accounts and Cards, and all information concerning Cardholders, applicants and Accounts obtained in connection with the Program (collectively, “Cardholder Information”) and that Merchant has no ownership rights therein. Accordingly, Merchant will not represent itself as the owner of, or the creditor on, any Account or Cardholder Information. As a precaution, to confirm Bank’s ownership of Accounts and related documentation, Merchant hereby grants to Bank a first priority continuing security interest in any right, title or interest that Merchant may now have or may hereafter be deemed to have in the Accounts and related documentation, in the Reserve Account, and in any goods charged to Accounts which have been returned to Merchant but for which Merchant has not submitted a corresponding credit transaction to Bank. Merchant authorizes Bank to prepare and file any documentation required to evidence and enforce this security interest, including UCC financing statements, and will sign any related documentation requested by Bank, including without limitation, any intercreditor agreements necessary to ensure that none of Merchant’s other creditors asserts any claim on the Accounts, the Reserve Account or any related documentation.
Ownership of Accounts and Information. The parties recognize that Cardholders are Customers, and that each of Bank and AMO has certain ownership rights in information relating to such individuals in their respective roles as Cardholders and Customers. The parties acknowledge that the same or similar information may be contained in the Bank Cardholder Information (defined below) and the AMO Customer Information (defined below); such common information being referred to herein as “Common Information”. Each such pool of data shall therefore be considered separate information subject to the specific provisions applicable to that data hereunder. For example, in subsection (b) below Bank is authorized to use AMO Customer Information only for certain limited purposes. For illustrative purposes only, presume such information included names of both Customers who were Cardholders and non-Cardholder Customers. The names of those who were both Customers and Cardholders would be Common Information. So, Bank would not be limited by the terms of subsection (b) as to such names. However, the names of non-Cardholder Customers would not be Common Information, and thus would be subject to the limitations set forth in subsection (b). Likewise, though subsection (c) below limits what AMO can do with Bank Cardholder Information, such limitations do not apply to that portion of Bank Cardholder Information that is comprised of Common Information.