1. Application of terms
1.1. Supplier – incorporated and registered company that provides services for the Customer.
1.2. Customer – a person or entity that use services in accordance with Infinitum Networks Terms of Service signed with the service Supplier.
1.3. Confidential Information: all confidential information (however recorded or preserved) disclosed by a party or by its employees, officers, representatives, advisers or sub-contractors (Representatives) to the other party and that party’s Representatives in connection with this Agreement, which is either labelled as such or else which should reasonably be considered as confidential because of its nature and the manner of its disclosure.
1. Confidential Information
1.1. The term Confidential Information does not include any information that:
- is or becomes generally available to the public (other than as a result of its disclosure by the receiving party or its Representatives in breach of this Confidentiality part);
- was available to the receiving party on a non-confidential basis before disclosure by the disclosing party;
- was, is, or becomes, available to the receiving party on a non-confidential basis from a person who, to the receiving party’s knowledge, is not bound by a confidentiality agreement with the disclosing party or otherwise prohibited from disclosing the information to the receiving party;
- was known to the receiving party before the information was disclosed to it by the disclosing party; or
- the parties agree in writing is not confidential or may be disclosed.
2. Use of Confidential Information
2.1. Each party shall keep the other party’s Confidential Information confidential and shall not:
- use any Confidential Information except for the purpose of exercising or performing its rights and obligations under this Agreement (Permitted Purpose); or
- disclose any Confidential Information in whole or in part to any third party, except as expressly permitted by this part.
- 2.2. A party may disclose the other party’s Confidential Information to those of its Representatives who need to know that Confidential Information for the Permitted Purpose, provided that:
- it informs those Representatives of the confidential nature of the Confidential Information before disclosure; and
- at all times, it is responsible for the Representatives’ compliance with the confidentiality obligations set out in this part.
2.3. A party may disclose Confidential Information to the extent required by law, by any governmental or other regulatory authority, or by a court or other authority of competent jurisdiction provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of the disclosure as possible.
2.4. Each party reserves all rights in its Confidential Information. No rights or obligations in respect of a party’s Confidential Information, other than those expressly stated in this Agreement, are granted to the other party, or are to be implied from this Agreement.
2.5. The provisions of this part shall continue to apply after expiry or termination of this Agreement.
III. Anonymous Information Collection
1. Cookies Policy
1.1. The Supplier preserves the right to collect certain information about the Customer using cookies in accordance to privacy and data protection laws and regulatory.
1.2. Information gathered through cookies is used to improve, secure and supply the services. Tracked information may be also used for research, statistics and advertising purposes.
1.3. Tracked information is kept by the Supplier and is not transmitted to 3rd parties.