Statement of Confidentiality

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AccuraCast recognizes that the nature of marketing work involves disclosure of certain information which is considered strictly confidential. This confidentiality statement endeavours to explicitly state AccuraCast’s policy of maintaining all client information in strictest confidence and destroying or deleting all such information upon completion of a contract.

Neither party shall, except as required to perform our respective rights and obligations, use, copy, adapt, alter, disclose or part with possession of any information or data of the other which is disclosed or otherwise comes into our possession directly or indirectly as a result of the business contract and which is of a confidential nature (“Information”), whether marked confidential or not.

This obligation shall not apply to Information:

  • which the receiving party can prove was in its possession at the date it was received or obtained; or
  • which the receiving party obtains from some other person with good legal title thereto; or
  • which comes into the public domain otherwise than through the default or negligence of the receiving party; or
  • which is independently developed by or for the receiving party.

You acknowledge that the provision of our Services may also involve the disclosure to you of processes, operations and set-ups that contain proprietary and confidential information (“Trade Secrets”). You agree that, unless expressly permitted in writing by us, you will not use such Trade Secrets for your own purposes or provide or otherwise disclose or make any such Trade Secrets available for any reason to any other person, firm, company or organisation.

You shall ensure that your employees and authorised sub-contractors who have, or may have, access to the Information are bound by an undertaking in substantially the same terms.

Upon completion of the contract, AccuraCast shall destroy, delete or return all confidential information provided by you. No copies of your information will be retained, and as such if any continuity is required after the completion of the current contract, you must either:

  • provide fair warning of this possibility, in writing, before the completion of the project, stating explicitly that AccuraCast retain the information for use during the next contract period; or
  • consider the new contract to be a wholly unrelated project to the prior contract and supply all information and materials to AccuraCast once again.

These obligations of confidentiality shall continue after termination of the contract.