The ‘company’ refers to any potential, current or past client.
‘’ Confidential Information’’ means any information (whether oral or written or in electronic form) of SUZANNE HOWE COMMUNICATIONS relating to the ‘Company’ and any of the ‘company’s businesses and assets or any of their subsidiaries or advisors or any third party including but without limitation any information received as part of a due diligence process, potential exchange of information for the Purpose and incidental information/data either mutual or unilateral ancillary thereto and all information containing reflecting or using any Confidential Information ( including all analyses, computations, notes, studies, memoranda and other documents which contain or otherwise reflect or are generated from Confidential Information).
Without limitation there shall be included in Confidential Information the content and specification of SUZANNE HOWE COMMUNICATIONS’s methodology in carrying on their business.
In providing the Services, both SUZANNE HOWE COMMUNICATIONS and ‘company’ shall take all reasonable measures and precautions to safeguard any Confidential Information and data in its possession concerning the affairs of the other and in any event such measures and precautions shall be no less stringent than operated from time to time by that party in respect of data concerning its own internal affairs.
On termination of this Agreement or demand by the disclosing party, all Confidential Information supplied to the recipient by or on behalf of the disclosing party is to be returned to the disclosing party or destroyed (as directed by the disclosing party).
The provisions of this clause shall not apply to (1) any information which was in the public domain at the date of this Agreement; (2) any information which comes into the public domain subsequently other than as a consequence of any breach of this Agreement or any SUZANNE HOWE COMMUNICATIONS dated agreement; (3) any information which is independently developed by the Client without using information supplied by SUZANNE HOWE COMMUNICATIONS; or (4) any disclosure required by law or a regulatory authority or otherwise by the provisions of this Agreement.
The ‘company’ acknowledges that title to and all intellectual property rights in all existing SUZANNE HOWE COMMUNICATIONS Materials will remain with SUZANNE HOWE COMMUNICATIONS
The title and ownership of any copyright or any other intellectual property rights and any information reports, drawings, designs or written or electronic information or other products generated or used by SUZANNE HOWE COMMUNICATIONS in the course of the provision of the Services (hereinafter referred to as the “Materials”) shall be and remain vested in SUZANNE HOWE COMMUNICATIONS. Subject to SUZANNE HOWE COMMUNICATIONS receiving the payment in full and cleared funds of all amounts owing under this Agreement, SUZANNE HOWE COMMUNICATIONS grants the ‘company’ the right to use the SUZANNE HOWE COMMUNICATIONS Materials and/or Materials for the purposes of utilising the Services only.
The ‘company’ shall not use SUZANNE HOWE COMMUNICATIONS Materials and/or Materials for any other purpose without the prior written consent of SUZANNE HOWE COMMUNICATIONS and upon such terms as may be agreed by SUZANNE HOWE COMMUNICATIONS. SUZANNE HOWE COMMUNICATIONS shall not be liable for the use by any person of SUZANNE HOWE COMMUNICATIONS Materials and/or Materials for any other purpose other than that for which the same were prepared by or on behalf of SUZANNE HOWE COMMUNICATIONS.
Unauthorised recording, copying, or transmission of content is strictly prohibited
Each party shall ensure that it complies with its obligations under the Data Protection Laws (the Directive 95/46/EC (Data Protection Directive) and/or the GDPR; any laws which implement any such laws; any laws that replace, extend, re-enact, consolidate or amend any of the foregoing;) in SUZANNE HOWE COMMUNICATIONS information to any personal data it supplies to the other party.
If the ‘company’ provides any Personal Data (as defined in the attached schedule to these Terms) to SUZANNE HOWE COMMUNICATIONS or SUZANNE HOWE COMMUNICATIONS processes any Personal Data on the ‘companies’ behalf when performing the Services, the provisions of the schedule to these Terms shall apply to the processing of such Personal Data.
Personal data definition
Means any information relating to an identified or identifiable living person (an identifiable living person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that living person)