CONFIDENTIALITY; DATA PROCESSING Clause Samples
The CONFIDENTIALITY; DATA PROCESSING clause establishes obligations for parties to protect confidential information and to handle personal or sensitive data in compliance with applicable laws. Typically, this clause requires each party to keep proprietary or private information received from the other party secure and not to disclose it to unauthorized third parties, and it may also set out specific requirements for processing, storing, or transferring data, such as adhering to data protection regulations like GDPR. Its core function is to safeguard sensitive information and ensure that data is managed responsibly, thereby reducing the risk of data breaches and legal liability.
CONFIDENTIALITY; DATA PROCESSING. (a) Under this Agreement, Nasdaq shall keep confidential the Distributor’s System Description and the Distributor’s records, reports and payments that it or its designee has reviewed or audited, and any other Distributor information or material reasonably considered to be of a confidential nature (whether or not designated as such). as well as any and all information received in connection with this Agreement, including but not limited to, business, financial, operational, product, service and other information. Distributor acknowledges that it may also obtain Nasdaq Confidential Information. All such confidential information shall be deemed confidential upon disclosure to the recipient and any related confidential oral or written information shall be deemed confidential upon disclosure to the recipient. Subject to Section 11(b) (i), the recipient shall use such confidential information solely for use consistent with the purposes of this Agreement; shall hold such confidential information in confidence; and shall not use, disclose, copy, or publish any such confidential information without the prior written approval of the other party except as otherwise set forth herein. The recipient shall take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential information, but no less than reasonable care, to keep confidential the Confidential Information of the disclosing party. The recipient shall notify the disclosing party immediately upon discovery of any unauthorized use or disclosure of confidential information, and will cooperate with disclosing party in every reasonable way to help disclosing party regain possession of the confidential information and prevent its further unauthorized use or disclosure. The parties acknowledge that monetary damages may not be a sufficient remedy for unauthorized disclosure of confidential information, and that disclosing party shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
(b) Nasdaq or the Distributor may disclose confidential information to the extent: (i) demanded by a court, arbitrator or government agency with regulatory jurisdiction over one or more of the Nasdaq Markets or over Distributor or any judicial or government order; (ii) necessary to fulfill any Nasdaq or Distributor regulatory responsibility, including any responsibility over members a...
CONFIDENTIALITY; DATA PROCESSING. 7.1 All information supplied by the Client will be treated as confidential, unless or until it is within the public domain. Information required by statutory bodies (for example the Stock Exchange) will not be unreasonably withheld. This clause is, however, subject to the terms of any separate confidentiality agreement, which is already in place.
7.2 The consultancy in the execution of its services to the client, will a) store and process the personal details (email, contact details, contact reports, general facts etc) of individual employees of the client who we engage with as part of the delivery of the project. b) store and process the personal details of the clients website visitors, customers and contacts whose details are stored or processed as part of the website operational requirements. As a data processor working on behalf of the client who is the data controller, we will adhere to both GDPR & DPA legislation ensuring to our best endeavours that the clients sites and our delivery of service is inline with GDPR & DPA legislation. c) that we may potentially hold backups of data (including personal details) on behalf of the client to ensure we are able to deliver our service and support the client inline with legitimate interests, not only during the project process, but also following the successful completion of the contract. The consultancy will attempt to minimises both the retention/storage and processing of personal data to reduce potential liabilities and responsibilities for both the consultancy and the client.