Terms & Conditions

Confidentiality

Each of Mediasift Limited and you (as applicable, the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose Confidential information. “Confidential Information” means non-public information related to Disclosing Party’s business, including without limitation management, operations, financial, personnel, product, customer, sales, marketing, technical and other information, trade secrets, and information related to your login identifiers and credentials for accounts. Subject to the terms of our privacy policy, the Receiving Party agrees:

  • (a) to take reasonable precautions to protect such Confidential Information (using at least the same degree of care that Receiving Party uses to protect its own Confidential Information and no less than reasonable care);
  • and (b) not to use or divulge to any third person any such Confidential Information, except for employees, contractors and agents who need such access for purposes of performing the agreement between you and us and who have signed written confidentiality agreements with restrictions at least as stringent as those herein.

The Disclosing Party agrees that the foregoing shall not apply with respect to Confidential Information that the Receiving Party can document

  • (i) is or becomes generally available to the public;
  • or (ii) was in its possession or known by Receiving Party prior to receipt from the Disclosing Party;
  • or (iii) was rightfully disclosed to it by a third party;
  • or (iv) was independently developed without use of any Confidential Information of the Disclosing Party;
  • or (v) is required by law.

The confidentiality obligations of the Receiving Party hereunder shall continue during the duration of your subscription (or other agreement) with us and for a period of two (2) years thereafter; provided, however, that, with respect to any trade secrets of the Disclosing Party, the confidentiality obligations of the Receiving Party with respect to such trade secrets shall continue for as long as they remain trade secrets under applicable law. Notwithstanding the foregoing or anything in these DataSift–Website Terms to the contrary, to the extent that you have entered into a separate non-disclosure agreement with us, or you have entered into a separate subscription agreement (or similar agreement) with us, that contains terms that are more protective of our Confidential Information than the terms of this paragraph, then the terms of such separate non-disclosure agreement or subscription agreement (or similar agreement) shall control over the terms of this paragraph.