The Customer shall own all rights, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
The Supplier shall follow its archiving procedures for Customer Data. In the event of any loss or damage to Customer Data, the Customer’s sole and exclusive remedy shall be for the Supplier to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by the Supplier in accordance with its archiving procedure. The Supplier shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party (except those third parties sub-contracted by the Supplier to perform services related to Customer Data maintenance and back-up).
If the Supplier processes any personal data on the Customer’s behalf when performing its obligations under this agreement, the parties record their intention that the Customer shall be the data controller and the Supplier shall be a data processor and in any such case:
The Customer shall ensure that the Customer is entitled to transfer the relevant personal data to the Supplier so that the Supplier may lawfully use, process and transfer the personal data in accordance with this agreement on the Customer’s behalf;
The Customer shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
The Supplier shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by the Customer from time to time.
Each party shall take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage.
Each party may be given access to Confidential Information from the other party in order to perform its obligations under this agreement. A party’s Confidential Information shall not be deemed to include information that:
I. Is or becomes publicly known other than through any act or omission of the receiving party.
II. Was in the other party’s lawful possession before the disclosure.
III. Is lawfully disclosed to the receiving party by a third party without restriction on disclosure.
IV. Is independently developed by the receiving party, which independent development can be shown by written evidence; or is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this agreement.
Each party shall take all reasonable steps to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this agreement.
Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party.
The Customer acknowledges that details of the Services, and the results of any performance tests of the Services, constitute the Supplier’s
The Supplier acknowledges that the Customer Data is the Confidential Information of the Customer.
This clause shall survive termination of this agreement, however arising.
Information we may collect from you
We may collect and process the following information about you:
1. Personal information
This is information that you provide to us if you register to use the Site, fill in forms, and request information or further services with us. We may ask you to provide your name, address, email address, and telephone number, and in certain instances you may be required to provide additional personal information such as billing and card information in order for us to process the service you requested.
2. Non-personal information
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers.
In addition, to determine your general internet usage, we use cookie files that are stored by the browser on your hard drive. Cookies enable us: (a) store information that is specific to your preferences: (b) recognise you when you return to the Site: and (c) allow users to access to the Login area of the Site.
How we use your information
1. Non-Personal information
The non-personal information we gather from visitors to the Site in an aggregate form is useful to:
(a) assist us improve, administer and diagnose problems with our server and this Site; and (b) deliver a better service to you.
2. Personal information
We will process any Personal information you provide to us for the following purposes: (a) to provide you with the services, materials, and/or information you have ordered or requested; (b) to ensure that content from the Site is presented in the most effective manner for you and for your computer; (c) to notify you about changes to our service.
Whilst we take all reasonable steps (including appropriate technical and organisational measures) to protect your personal information once we receive it, please note that the nature of the Internet is such that we cannot guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be 100% secure.