Non-Public Personal Information.
Intersection Technologies Inc. (ITI) expressly understands and acknowledges that Client’s Confidential Information includes “non-public personal information” about client’s customers (“NPPI”), as that information is defined in Title V of the Federal Gramm-Leach-Bliley Act and any state statutes adopted to comply therewith, the FTC regulations promulgated pursuant thereto (including 16 CFR § 313, 16 CFR § 314, 12 CFR § 332 and 12 CFR § 364), and any state regulations promulgated under state privacy statutes or in compliance with the Gramm-Leach-Bliley Act and any successor statutes and regulations to the foregoing (collectively, the “Privacy Act and Regulations”), the disclosure of which to ITI under this Agreement constitutes a disclosure to a “non-affiliated third party” under an exception to certain restrictions on disclosures contained in the Privacy Act and Regulations. NPPI includes personally identifiable information, and any list, description or other grouping of individuals (including publicly available information pertaining to them) that is derived using any personally identifiable information that is not publicly available.
Without exception, ITI will not use or disclose the NPPI it receives for purposes other than those necessary to carry out the Services subject to the ITI Use and license Agreement and the applicable exception to restrictions on disclosures to non-affiliated parties contained in the Privacy Act and Regulations (e.g., 16 CFR §§ 313.14 and 313.15). Without limiting the foregoing, ITI shall be prohibited from selling any NPPI it receives. ITI will implement and maintain safeguards for the NPPI it receives consistent with the requirements of the Privacy Act and Regulations, including as set forth at 16 CFR § 314.3, in order to (a) ensure the security and confidentiality of the NPPI,(b) protect against anticipated threats or hazards to the security or integrity of such information, and (c) protect against unauthorized access to or use of such information.