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advertising, or providing investment information, advice, or
recommendations concerning stocks, bonds, securities, annuities, or other
financial products or services offered by VRSCO or any other person or
entity.
8.3.3
VRSCO may use, reuse, distribute, transmit, manipulate, copy, modify,
access, disclose, or redisclose Employer Data, so long as VRSCO obtains
the express advance written consent of Employer.
8.4
VRSCO Affiliates, Parent Companies, Subsidiaries, and Other Related Entities.
Notwithstanding any other provision of this Agreement, VRSCO will not permit
any of VRSCO’s affiliates, parent companies, subsidiaries, or other related
entities (collectively, “VRSCO Affiliates”) to use, reuse, distribute, transmit,
manipulate, copy, modify, access, disclose, or redisclose the Employer Data or the
Participating Employee Data. Provided, however, VRSCO shall be permitted to
use Employer Data or Participating Employee Data, or provide such data to
another party, whether affiliated or unaffiliated with VRSCO, but only to the
extent necessary or appropriate for VRSCO to (a) perform the Services set forth
in this Agreement or another agreement between VRSCO and the Employer, and
(b) interact with a party as a Vendor under this Agreement.
8.5
Privacy/Security Requirements. In storing, handling, and modifying information
pursuant to the Agreement, VRSCO shall comply, with respect to information that
is in its possession and control, with the following requirements as currently
specified (collectively the “Privacy/Security Requirements”): (1) the applicable
requirements of Federal programs concerning privacy and security and (2)
comparable state laws, rules and regulations. In addition, VRSCO shall cooperate
reasonably to ensure compliance with all Privacy/Security Requirements
concerning transmission of information between the parties, including, but not
limited to, electronic transmission and physical delivery of electronically recorded
data.
8.6
Data Integrity, Confidentiality, Accessibility, and Security. VRSCO shall take
commercially reasonable steps to protect the integrity, confidentiality, appropriate
accessibility, and security of the Employer Data and the Participating Employee
Data, and VRSCO shall establish, implement, and maintain policies, procedures,
safeguards, and measures to do so. These steps shall include, but not be limited
to, the following:
(1)
user authentication, role-based access restrictions;
(2)
confidential and personal passwords required for access;
(3)
physical security of VRSCO Users;
(4)
periodic evaluation of security safeguards;
(5)
software firewalls and other technical security measures; and
(6)
measures to detect and prevent intentional and unintentional corruption or
loss of data.
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