Depreciation Protection, Inc (hereinafter "DP, Inc.") may receive information regarding Financial Institution and or Financial Institution's members/members (collectively "members") in the course of providing the services for Financial Institution described in the Administrative Services Agreement. All information regarding Financial Institution members supplied to DP, Inc. by Financial Institution is confidential information.
DP, Inc. agrees that all its employees, service partners, or agents acting on behalf of DP, Inc. will keep all confidential information in strict confidence. DP, Inc. will use and disclose confidential information only for the purpose of providing, and to the extent necessary to provide, the services called for by this Agreement.
Any third party to whom DP, Inc. discloses confidential information regarding Financial Institution members as is reasonably necessary to provide the services called for by this Agreement will either:
a) be an entity (such as the US Postal Service or taxing authority) that generally keeps information that it receives
regarding members of the public confidential, or
b) be a contracted entity that provides marketing, printing and similar services
c) sign a written agreement that information regarding Financial Institution's members will be kept confidential
DP, Inc. agrees that neither its employees, services partners, or agents acting on DP, Inc.'s behalf will sell, give, trade, or otherwise disseminate confidential information regarding Financial Institution's members to any third party except as necessary to provide the services described in this Agreement or under the following circumstances:
a) DP, Inc. is ordered to do so by a court of competent jurisdiction or other legal process; or
b) Disclosure of the information is necessary to enforce DP, Inc. rights against Financial Institution or Financial
Institution's members under this Agreement; or
c) Disclosure of the information is required by a regulatory agency with authority to require DP, Inc. to disclose the
If DP, Inc. is required to disclose confidential information regarding Financial Institution or any Financial Institution's borrower by court order, other legal process or regulatory order, DP, Inc. agrees to notify Financial Institution when it receives the request for disclosure prior to disclosure of said information. This requirement will not apply if the court order or other legal process orders DP, Inc. not to disclose to Financial Institution or the Financial Institution's borrower the fact that the information is being sought.
DP, Inc. will ensure that all employees and agents acting on behalf of DP, Inc. understand and comply with these confidentiality requirements. DP, Inc. agrees to indemnify and hold Financial Institution harmless from any and all claims, damages, expenses (including attorney's fees incurred in defending any claim) losses and liability resulting from unauthorized disclosure of confidential information by DP, Inc. or any employee or agent acting on its behalf. s
DP, Inc., shall safeguard Financial Institution's electronic data and communicate and disclose fully to Financial Institution within a reasonable amount of time within DP, Inc. detection, and breach in security resulting in unauthorized intrusion into Financial Institution's members confidential information through systems maintained by DP, Inc.
DP, Inc. shall implement security measures designed to meet objectives of the inter-agency guidelines for establishing safeguards for member information, 12 CFR Part 364 Appendix B, any amendments thereto, and other applicable regulations safeguarding of member and consumer information. Financial Institution has the right to inspect, during regular business hours and upon reasonable prior notification, the security program of DP, Inc. also agrees to maintain physical, electronic and procedural safeguards that comply with federal regulations or take any other appropriate measures to guard nonpublic information to protect the confidentiality and security of this information shared by Financial Institution pursuant to this Agreement.