DataFirst Digital Solutions (“DFDS”) agrees, on its own behalf and on behalf of any agents it utilizes to perform data recovery services that the materials and information which the Client provides to DFDS or to which DFDS gains access in the course of performing its responsibilities including, but not limited to, materials and information relating to software, hardware, technical and systems profiles, documents, records, programs, systems, data, disks, ideas, concepts, theories, designs, approaches, improvements, techniques, methodologies, methods, processes, formulae, procedures, ledgers, files, communications, technical requirements, names, addresses and other identifiers of individuals and business entities, financial information, insurance, and other know-how or information relating to Client (collectively “Client information”), as between the Parties, are the property of the Client, and will be used and viewed by DFDS only within the scope of its rights and responsibilities for data recovery services and will not be otherwise disclosed to third parties by DFDS or any of its agents without Client’s prior written approval unless otherwise required by law.
DFDS agrees to use Client information only to provide data recovery services and not to use such information for any other purpose. DFDS agrees to implement and maintain reasonable and customary security measures to safeguard the Client's information. These measures may include, but not limited to, requiring employees who have access to such information to agree to the confidentiality requirements of this policy. DFDS agrees to not to disclose the Client's information, in any shape, form or medium to an affiliated or non-affiliated person, company or corporation except as necessary to perform services under this Agreement or as may be required by law. To the extent that DFDS contracts with a third party that obtains Client information in order to provide services under this Agreement, DFDS agrees to obtain contractual confidentiality protections to require the third party to hold Client information in strict confidence and not disclose it to any person unless required by law. DFDS agrees to return all Client information to Client either upon request or termination of this Agreement.
The confidentiality obligations provided in this privacy polity shall not apply to information and materials: (1) that are or subsequently become publicly available; (2) that were known to DFDS prior to Client’s disclosure to DFDS, other than any information or materials obtained from any of DFDS’s agents or affiliates which are either subject to confidentiality obligations in favor of Client from such agents or affiliates of DFDS or fail to fall with the exception categories (1), (2), (3), (4), or (5) described herein; (3) that become known to DFDS from a source other than the Client, other than by the breach of an obligation of confidentiality owed to the Client; (4) that is independently developed by DFDS without reference to or use of Client information; or (5) when Client information is found to contain illegal data such as child pornography defined as a visual depiction of a minor (child younger than 18) engaged in sexually explicit conduct, harming of animals and humans or any information that is detrimental to the safety of others.
Business entities, government entities and other organizations whose data is successfully recovered by DFDS may be asked to provide DFDS the right to use for promotional purposes their respective copyright protected names and/or logos. If any business entity, organization or government entity doesn't wish to allow DFDS use their respective copyright protected logo and/or name for promotional purposes, DFDS will remove the copyright protected logo and/or name immediately upon written request.