Privacy Policy

 

TransCertain™ – Certainsafe™ Privacy Policy

Privacy Policy. During the Service Term, each party may have access to certain confidential and proprietary information disclosed by the other party, including, without limitation, information relating to either party’s clients, customers, or business operations (including the terms of this Agreement and the rates charged for the Service), whether disclosed orally or in writing by any other media (collectively, “Confidential Information”). Each party (the “Receiving Party”) acknowledges that the Confidential Information of the other party (the “Disclosing Party”) may contain information valuable to the Disclosing Party and that any such Confidential Information shall remain the property of the Disclosing Party. Each party shall use the Confidential Information provided hereunder only for purposes directly related to the purpose for which it was provided and shall restrict disclosure of Confidential Information solely to its employees and subcontractors with a need to know, or to other third parties expressly permitted by the Disclosing Party, and not disclose such Confidential Information to any other parties, and otherwise to protect the Confidential Information with no less restrictive measures than it uses to protect its own confidential and proprietary information. The Receiving Party shall be responsible for any breach by its employees, subcontractors or any third parties to whom Receiving Party discloses the Confidential Information. “Confidential Information” shall not include information that: (a) was in the public domain free of any obligation of confidence at the time it was communicated to the Receiving Party; (b) is rightfully communicated to the Receiving Party free of any obligation of confidence subsequent to the time it was communicated to the Receiving Party; or (c) was in the Receiving Party’s possession free of any obligation of confidence at the time it was communicated to the Receiving Party. Notwithstanding the above, the Receiving Party shall not be in violation of this policy with regard to a disclosure that is in response to a valid order by a court or other governmental body, provided that the Receiving Party provides the Disclosing Party with written notice of such disclosure where reasonably possible in order to permit the Disclosing Party to seek confidential treatment of such information. The obligations of confidentiality of each party under this policy with regard to any disclosure of Confidential Information shall survive for two (2) years from the date of any such disclosure. The parties recognize and agree that any breach of this policy would cause irreparable harm and, accordingly, that injunctive relief is an appropriate remedy to prevent any threatened or ongoing breach of such confidentiality obligations. Notwithstanding anything to the contrary set forth in this policy, any disclosure of confidential or proprietary information by means of a third-party attack, probe, theft, or other breach of network security (for which TransCertain expressly disclaims all liability as set forth in the Certainsafe™ User’s Registration EULA) shall not be deemed to be a breach of this policy. The terms of this policy shall supersede and replace any non-disclosure or confidentiality agreement entered into by the parties prior to the Effective Date of this Agreement.

Last updated 2/1/2013