Personal Data and General Confidentiality Agreement
Effective Date: 01/01/2024
Last Updated: 01/01/82024
This Personal Data and General Confidentiality Agreement (“Agreement”) is entered into by and between Hostiko Cloud (“Company,” “we,” “us,” or “our”) and [Customer/Employee/Contractor/Partner] (“Recipient,” “you,” or “your”). This Agreement outlines the terms and conditions regarding the protection and confidentiality of personal data and other confidential information disclosed by Hostiko Cloud.
1. Definitions
1.1 Confidential Information
“Confidential Information” refers to all non-public information disclosed by the Company, whether in written, oral, electronic, or other forms, including but not limited to business plans, financial information, technical data, customer information, software, designs, specifications, and other proprietary information.
1.2 Personal Data
“Personal Data” refers to any information relating to an identified or identifiable individual, including but not limited to names, contact information, financial details, identification numbers, and any other data classified as personal under applicable data protection laws.
2. Obligations of the Recipient
2.1 Confidentiality
The Recipient agrees to maintain the confidentiality of all Confidential Information and Personal Data disclosed by the Company. The Recipient shall not disclose, use, or permit the use of any such information for any purpose other than the purpose for which it was disclosed, without the prior written consent of the Company.
2.2 Data Protection
The Recipient agrees to comply with all applicable data protection laws and regulations in handling Personal Data. This includes implementing appropriate technical and organizational measures to protect Personal Data from unauthorized access, disclosure, alteration, or destruction.
2.3 Non-Disclosure
The Recipient shall not disclose any Confidential Information or Personal Data to third parties, except as necessary to fulfill the purpose for which the information was disclosed and only with the prior written consent of the Company.
2.4 Use of Information
The Recipient agrees to use Confidential Information and Personal Data solely for the purpose of performing the services or obligations under any agreement with the Company. The Recipient shall not use such information for any other purpose, including commercial gain or competitive advantage.
3. Exclusions
Confidential Information does not include information that:
•Is or becomes publicly available without breach of this Agreement;
•Is rightfully received from a third party without restrictions on use or disclosure;
•Is independently developed by the Recipient without use of or reference to the Company’s Confidential Information; or
•Is required to be disclosed by law or regulatory authority, provided that the Recipient gives prompt written notice to the Company to allow it to seek a protective order or other appropriate remedy.
4. Return or Destruction of Information
Upon the termination of this Agreement or at the Company’s request, the Recipient shall promptly return or destroy all Confidential Information and Personal Data in their possession, including all copies thereof. The Recipient shall certify in writing that such return or destruction has been completed.
5. Duration of Confidentiality Obligations
The confidentiality obligations under this Agreement shall continue for a period of [specify duration, e.g., five years] from the date of disclosure of the Confidential Information or until the information ceases to be confidential, whichever occurs first. The obligation to protect Personal Data shall continue for as long as required by applicable data protection laws.
6. Intellectual Property
All intellectual property rights in the Confidential Information and Personal Data remain the exclusive property of the Company. The Recipient shall not acquire any rights in such information, except as expressly granted under this Agreement.
7. Remedies
The Recipient acknowledges that any unauthorized disclosure or use of Confidential Information or Personal Data may cause irreparable harm to the Company, for which monetary damages may not be sufficient. In such cases, the Company may seek injunctive relief and any other remedies available at law or in equity.
8. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles. Any disputes arising out of or in connection with this Agreement shall be resolved in the courts of Nairobi, Kenya.
9. Miscellaneous
9.1 Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.
9.2 Amendments
This Agreement may only be amended or modified in writing, signed by both parties.
9.3 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
9.4 Waiver
No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
IN WITNESS WHEREOF, the parties hereto have executed this Personal Data and General Confidentiality Agreement as of the Effective Date.
Hostiko Cloud
Nairobi, Kenya
Recipient
If you us our service you are in agreement with above statement.
