Your personal and corporate data is not disclosed, sold or shared with any other organisations unless the Australian government request it. All information disclosed by either party (‘Disclosing Party’) to the other party (‘Receiving Party’), if disclosed in writing, labeled as proprietary or confidential, or if disclosed orally and reduced to writing within thirty (30) days and labeled as proprietary or confidential, shall remain the sole property of the Disclosing Party. Except for the specific rights granted by this Agreement, the Receiving Party shall not use any confidential information of the Disclosing Party for its own account. The Receiving Party shall use the highest commercially reasonable degree of care to protect the Disclosing Party’s confidential information. The Receiving Party shall not disclose confidential information to any third party without the express written consent of the Disclosing Party (except solely for the Receiving Party’s internal business needs, and to the employees or consultants who are bound by a written agreement with the Receiving Party to maintain confidentiality of such confidential information in a manner consistent with this Agreement).
Confidential information shall exclude information:
- Available to the public other than by a breach of this Agreement
- Rightfully received from a third party not in breach of an obligation of confidentiality
- Independently developed by the Receiving Party without access to the confidential information
- Known to the Receiving Party at the time of disclosure
- Produced in compliance with applicable law or a court order
Providing the Disclosing Party is given reasonable notice of such law or order and an opportunity to attempt to preclude or limit such production. Subject to the above, the Receiving Party agrees to cease using any or all material embodying confidential information and to promptly return to it to the Disclosing Party and/or destroy such materials upon request.