Non-Disclosure Agreement

Last updated: January 28, 2025

1. Confidential Information

"Confidential Information" means all information disclosed by DataGuard to the Recipient, whether before or after the date of this Agreement, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

2. Protection of Confidential Information

The Recipient shall use the same degree of care to protect the confidentiality of the Confidential Information that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than reasonable care.

3. Security Measures

DataGuard employs military-grade security measures including WireGuard VPN, secure enclaves, and hardware-level protection. All confidential information is protected by these security measures and additional encryption protocols.

4. Permitted Disclosure

The Recipient may disclose Confidential Information to its employees, agents, and representatives who need to know such information for the purpose of performing their duties and who are bound by confidentiality obligations at least as protective as those contained herein.

5. Return of Materials

Upon the termination of this Agreement or upon the written request of DataGuard, the Recipient shall promptly return to DataGuard all copies of Confidential Information in tangible form or destroy all such copies and certify in writing to DataGuard that such Confidential Information has been destroyed.

6. Term and Termination

This Agreement shall remain in effect for a period of five (5) years from the date of last disclosure of Confidential Information, unless terminated earlier by either party upon thirty (30) days written notice to the other party.

7. Remedies

The Recipient acknowledges that monetary damages may not be a sufficient remedy for unauthorized disclosure of Confidential Information and that DataGuard shall be entitled, without waiving any other rights or remedies, to seek injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.

8. Contact Information

For questions regarding this NDA, please contact us at legal@dataguadx.thepersonaldataexchange.com