Laserfiche WebLink
2 <br />(“Confidential Information”). Confidential Informational shall be held in the <br />strictest confidence and shall not be released, disseminated, used, accessed, <br />copied, shared, transferred, or disclosed by Agency, except as strictly necessary <br />for the Purpose. <br />B. Confidential Information shall not include any information, however <br />designated or marked, that: (i) is publicly available, or subsequently becomes <br />publicly available, after the time it was communicated to the recipient through <br />no breach of this MOU by the recipient; (ii) was in the recipient’s possession <br />free of any obligation of confidence prior to being communicated to the recipient <br />by the disclosing party, or is in the recipient’s possession free of any obligation <br />of confidence subsequent to the time it was communicated to the recipient by <br />the disclosing party; (iii) is independently developed by employees or agents, <br />without use of the data contained in the ISO ClaimSearch, of the recipient and <br />can be so proven by recipient; or (iv) is obtained by the receiving party from a <br />third party lawfully in possession of such information and without a breach of <br />such third party’s obligations of confidentiality. <br />C. It shall not be a violation of Section 3 of this MOU for Agency to disclose <br />Confidential Information as required by standard legal procedure in order to <br />prosecute crime. Further, disclosure is permitted in response to a lawful <br />subpoena or other legal process served upon Agency or where applicable law <br />requires the disclosure of Confidential Information, provided that: (i) if not <br />prohibited under applicable law, Agency, prior to disclosing such information, <br />gives reasonable written notice to NICB sufficient to permit NICB to seek a <br />protective order if it so chooses; and (ii) in all cases, Agency discloses only that <br />information that is legally required to be disclosed. For clarity, any of the <br />Confidential Information Agency discloses pursuant to this Section 3. c. shall <br />remain subject to the confidentiality requirements under this MOU for all <br />other purposes. <br />4. Agency Obligations. In exchange for access to ISO ClaimSearch, the Agency agrees to <br />comply with the following obligations: <br />A. Administrator. Agency shall appoint an Administrator who shall be identified <br />to NICB and shall be responsible for adding or removing Designees, as <br />appropriate, as well as maintaining a list of active Designees. No Designee may <br />be granted access to ISO ClaimSearch without Administrator approval. The <br />Administrator shall be the Agency contact responsible for fulfilling Agency <br />obligations required under this MOU. <br />B. Designees. Designees shall be restricted to active Agency employees who: (1) <br />are in good standing and not under suspension for any criminal or civil <br />violation, or under active criminal investigation or indictment (“Good <br />Standing”); and (2) have a need to know the Confidential Information for the <br />Purpose.