Common use of Confidential Information and Privacy Clause in Contracts

Confidential Information and Privacy. (a) All non-public, confidential or proprietary information of Service Provider or Customer, as applicable, including, but not limited to, trade secrets, technology, inventions, samples, research, product designs, business plans, implementation plans, processes, document templates, information pertaining to business operations, methodologies, and strategies, and information pertaining to customers, pricing, and marketing (collectively, "Confidential Information"), disclosed by Service Provider or Customer (in such role the “Disclosing Party”) or Disclosing Party’s officers, directors or employees, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential," in connection with the provision of the Services and this Agreement is confidential, and shall not be disclosed or copied by recipient Customer or Service Provider (in such role the “Recipient”), or Recipient’s officers, directors or employees, without the prior written consent of the Disclosing Party. Confidential Information does not include information that is: (i) already in the public domain or becomes generally available in the public other than a result of a disclosure by the Recipient or its officers, directors or employees; (ii) already known or made available to Recipient on a non-confidential basis, prior to the date of disclosure to the Recipient by the Disclosing Party, from a source other than the Disclosing Party, which source was not itself bound by an obligation to the Disclosing Party or any prohibition against transmitting the Confidential Information; (iii) rightfully obtained by Recipient on a non-confidential basis from a third party; or (iv) independently developed by the Recipient without the use of the Disclosing Party’s Confidential Information. (b) Recipient agrees to use the Confidential Information only to make use of, or for the provision of, the Services and Deliverables. (c) Recipient acknowledges and agrees that all Confidential Information is the exclusive property of the Disclosing Party, and the Recipient shall not obtain any right or interest in or to such Confidential Information. (d) Disclosing Party shall be entitled to injunctive relief for any violation of this Section. (e) The Customer shall, at all times, maintain a privacy policy and comply with such privacy policy. The privacy policy, in addition to complying with all applicable laws, shall permit, to the extent necessary, the Service Provider to do everything necessary to fulfil its obligations hereunder. Without limiting the generality of the foregoing, the privacy policy shall specifically permit the use of third party cookies, permit the collection and use of aggregate data and allow the Customer to share personally identifiable information with third party providers including the Service Provider.

Confidential Information and Privacy. (a) A. All non-public, confidential or proprietary information of Service Provider or Customer, as applicable, including, but not limited to, trade secrets, technology, inventions, samples, research, product designs, business plans, implementation plans, processes, document templates, information pertaining to business operations, methodologies, and strategies, and information pertaining to customers, pricing, and marketing (collectively, "Confidential Information"), disclosed Information shall be kept by Service Provider or Customer (the receiving party in such role the “Disclosing Party”) or Disclosing Party’s officers, directors or employees, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential," in connection with the provision of the Services and this Agreement is confidential, strict confidence and shall not be disclosed or copied by recipient Customer or Service Provider (in such role the “Recipient”), or Recipient’s officers, directors or employees, to any third party without the prior disclosing party’s express written consent of consent. Notwithstanding the Disclosing Party. Confidential Information does not include foregoing, such information that is: may be disclosed (i) already to the receiving party’s employees, affiliates, suppliers and agents who have a need to know for the purpose of performing the Agreement, using the Services, rendering the Services, and marketing related products and services (provided that in all cases the public domain receiving party shall take appropriate measures prior to disclosure to its employees, affiliates, suppliers and agents to assure against unauthorized use or becomes generally available in the public other than a result of a disclosure by the Recipient disclosure); or its officers, directors or employees; (ii) as otherwise authorized by the Agreement. Each party agrees to treat all Confidential Information of the other in the same manner as it treats its own proprietary information, but in no case using a degree of care less than a reasonable degree of care. Notwithstanding the foregoing, each party’s confidentiality obligations hereunder shall not apply to information that: (i) is already known or made available to Recipient on a non-confidential basis, prior to the date receiving party without a pre-existing restriction as to disclosure; (ii) is or becomes publicly available without fault of disclosure to the Recipient by the Disclosing Party, from a source other than the Disclosing Party, which source was not itself bound by an obligation to the Disclosing Party or any prohibition against transmitting the Confidential Information; receiving party; (iii) is rightfully obtained by Recipient on a non-confidential basis the receiving party from a third party without restriction as to disclosure, or is approved for release by written authorization of the disclosing party; or (iv) is developed independently developed by the Recipient receiving party without the use of the Disclosing Partydisclosing party’s Confidential Information. ; or (bv) Recipient agrees is required to use the Confidential Information only to make use of, be disclosed by law or for the provision of, the Services and Deliverables. (c) Recipient acknowledges and agrees that all Confidential Information is the exclusive property of the Disclosing Party, and the Recipient shall not obtain any right or interest in or to such regulation. “Confidential Information” means all information regarding either party’s business which has been marked or is otherwise communicated as being “proprietary” or “confidential. (d) Disclosing Party shall ” or which reasonably should be entitled known by the receiving party to injunctive relief for any violation of this Section. (e) The Customer shall, at all times, maintain a privacy policy and comply with such privacy policy. The privacy policy, in addition to complying with all applicable laws, shall permit, to the extent necessary, the Service Provider to do everything necessary to fulfil its obligations hereunderbe proprietary or confidential information. Without limiting the generality of the foregoing, Confidential Information shall include, even if not marked, the privacy policy shall specifically permit Agreement, software, promotional materials, proposals, quotes, rate information, discount information, subscriber information, network upgrade information and schedules, network operation information (including without limitation information about outages and planned maintenance) and invoices, as well as the use parties’ communications regarding such items. Notwithstanding the foregoing, Customer agrees that: (i) WOW! may make references to the fact that Customer is a customer of third party cookies, permit WOW! and the collection general nature of Services that Customer purchases from WOW!; and use (ii) WOW! may disclose the Agreement and/or Customer information to a potential purchaser in connection with a sale of aggregate data and allow the Customer to share personally identifiable information with third party providers all or a portion of its business or assets (including the Service Providersale or transfer of delinquent accounts or other receivables), including in connection with a merger, sale or reorganization. The non-breaching party shall be entitled to seek equitable relief to protect its interests pursuant to this Section 14 including, but not limited to, injunctive relief.

Confidential Information and Privacy. (a) All non-public, confidential or proprietary information of Service Provider or Customer, as applicable, including, but not limited to, trade secrets, technology, inventions, samples, research, product designs, business plans, implementation plans, processes, document templates, information pertaining to business operations, methodologies, and strategies, and information pertaining to customers, pricing, and marketing (collectively, "Confidential Information"), disclosed by Service Provider or Customer (in such role the “Disclosing Party”) or Disclosing Party’s officers, directors or employees, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential," in connection with the provision of the Services and this Agreement is confidential, and shall not be disclosed or copied by recipient Customer or Service Provider (in such role the “Recipient”), or Recipient’s officers, directors or employees, without the prior written consent of the Disclosing Party. Confidential Information does not include information that is: (i) already in the public domain or becomes generally available in the public other than as a result of a disclosure by the Recipient or its officers, directors or employees; (ii) already known or made available to Recipient on a non-confidential basis, prior to the date of disclosure to the Recipient by the Disclosing Party, from a source other than the Disclosing Party, which source was not itself bound by an obligation to the Disclosing Party or any prohibition against transmitting the Confidential Information; (iii) rightfully obtained by Recipient on a non-confidential basis from a third party; or (iv) independently developed by the Recipient without the use of the Disclosing Party’s Confidential Information. (b) Recipient agrees to use the Confidential Information only to make use of, or for the provision of, the Services and Deliverables. (c) Recipient acknowledges and agrees that all Confidential Information is the exclusive property of the Disclosing Party, and the Recipient shall not obtain any right or interest in or to such Confidential Information. (d) Disclosing Party shall be entitled to injunctive relief for any violation of this Section. (e) The Customer shall, at all times, maintain a privacy policy and comply with such privacy policy. The privacy policy, in addition to complying with all applicable laws, shall permit, to the extent necessary, the Service Provider to do everything necessary to fulfil its obligations hereunder. Without limiting the generality of the foregoing, the privacy policy shall specifically permit the use of third party cookies, permit the collection and use of aggregate data and allow the Customer to share personally identifiable information with third party providers including the Service Provider.