Treatment of Confidential Information
For purposes of this Agreement, the term “Disclosing Party” shall refer to the Party providing confidential information to the other Party, and the term “Receiving Party” shall refer to the Party receiving the Information in accordance with this Agreement.
• Both Parties expressly acknowledge that in the course of their performance hereunder, they may learn or have access to certain confidential, patent, copyright, business, trade secret, proprietary or other like information or products of the other Party or of third parties, including but not limited to the other Party’s vendors, consultants, suppliers or customers.
• Anything in the Agreement to the contrary notwithstanding, the Parties expressly agree that they keep strictly confidential and such information. Each Party agrees to notify the other in writing if it becomes aware of any use or disclosure of the Information in the manner inconsistent with the requirement of this Agreement. The Parties further agree to consult with each other regarding any remediation (including but limited to requirements of any laws governing information breach) and to provide the other Party an opportunity to review any required communication to third parties, customers, or employees. In addition, each Party expressly agrees that, at the sole discretion and request of the Disclosing Party, it shall return to the Disclosing Party or destroy any such confidential information and copies thereof, and it will certify any such destruction in writing to the Disclosing Party.
Security
Clear Winds Technologies, Inc. agrees to adhere to the following security commitments:
• Clear Winds Technologies, Inc. shall implement and maintain an information security program applicable to all facilities, networks, and infrastructure used by Clear Winds Technologies, Inc. to provide services under this Agreement.
• Access to the Client network or infrastructure must be limited to the personnel at Clear Winds Technologies, Inc. performing services under this Agreement.
• Clear Winds Technologies, Inc. agrees to follow reasonable industry standards for the security of the confidential information it receives under this Agreement.
• Clear Winds Technologies, Inc. shall limit access to any Client information by providing unique user identifiers and passwords to all authorized users.
• In the event of compromise or suspected compromise of confidential information or other potential security breaches, the Receiving Party shall immediately notify the Disclosing Party and take all measures possible to prevent resulting damage and further compromise of the confidential information. The Clear Winds Security Officer can be reached at security@clearwinds.net or by calling (205) 876-1512. Security breaches may also be reported by following the link of the Clear Winds Technologies, Inc. web at http://www.clearwinds.org/contact.