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EXHIBIT D (Standard Agreement) PROTECTION OF CONFIDENTIALITY EDD Agreement Number: M0113589 EDD/SAPD Customer Codes: E00663 Page 1 of 3 Federal and state confidentiality laws, regulations, and administrative policies classify all the Employment Development Department (EDD) information provided under this Agreement as confidential. The federal and state laws prohibit disclosure of the EDD's confidential Information to the public and mandate its protection against loss and against unauthorized access, use, disclosure, modification, or destruction. SAPD must therefore, agree to the following security and confidentiality requirements: I. ADMINISTRATIVE SAFEGUARDS a. Adopt policies and procedures to ensure use of the EDD's confidential information solely for purposes specifically authorized under this Agreement that meet the requirements of section §603.10, Title 20 of the Code of Federal Regulations. b. Warrant by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee. In the event of a breach or violation of this warranty, the EDD shall have the right to annul this Agreement without liability, in addition to other remedies provided by law. C. Warrant and certify that in the performance of this Agreement SAPD will comply with all applicable statutes, rules and/or regulations, and Agreement information security requirements, including but not limited to the following: • California Unemployment Insurance Code §1094 (Disclosure Prohibitions) • Title 20, Code of Federal Regulations §603.9 and §603.10 (Federal Unemployment Compensation Safeguards and Security Requirements) • California Civil Code §1798, et seq. (Information Practices Act) • California Penal Code §602 (Computer Fraud Act ) • Title 6, U.S. Code §662a (Federal Privacy Act Disclosure Restrictions) • Title 42, U.S. Code §603 (Social Security Act) • Title 18, U.S. Code §1905 (Disclosure of Confidential Information) d. Except for state agencies, agree to Indemnify the EDD against any loss, cost, damage or liability resulting from violations of these applicable statutes, rules and/or regulations, and Agreement information security requirements. e. Protect the EDD's information against unauthorized access, at all times, in all forms of media. Access and use the Information obtained under this Agreement only to the extent necessary to assist in the valid administrative needs of the program receiving such information, and only for the purposes defined in this Agreement. I. Keep all the EDD's confidential information completely confidential. Make this information available to authorized personnel on a "need -to -know" basis and only for the purposes authorized under this Agreement. "Need -to -know" refers to those authorized personnel who need information to perform their official duties in connection with the use of the information authorized by this Agreement. Confidentiality Requirements STD. [Rev 03108/2016)