ShipServ Commercial Confidentiality Policy (2004 Version)
NOTE: If you are purchasing any ShipServ product and do not have a copy of these ShipServ Commercial Confidentiality Policy,
you should print this off.
1. Your Information
a. Your Information, being the information that You use or generate in the use of the Services (as defined in Clause 1b of the ShipServ General Terms & Conditions), is Your property.
b. You grant ShipServ a non-exclusive, perpetual, irrevocable, royalty free worldwide licence for its use as set out in this Commercial Confidentiality Policy.
2. Confidential Information
a. “Confidential Information” means any business and technical information including any software provided by either party for the purposes of this Agreement, other than the information referred to Clause 3 of this Commercial Confidentiality Policy.
b. Confidential Information will not be, or will cease to be, confidential if it is, or becomes, generally known or publicly available through no act or failure to act on the part of the receiving party.
c. Neither You nor ShipServ will disclose the other’s Confidential Information to other Users or third parties except to the extent necessary to carry out the Services, but this shall not preclude ShipServ building reporting tools enabling one User to analyse the information regarding that User’s business with another User.
3. Disclosable Information
ShipServ may disclose:
a. to other Users Your name, address, email address or other contact information;
b. Your name, logo and hypertext links to Your website on its website and similar marketing materials, but shall not use them in any advertising without Your prior permission;
c. any information which ShipServ believes in good faith to be necessary for the proper operation of the Services;
d. any information where it is legally obliged to do so by any government authority or regulatory body or where it is necessary to identify, contact or bring legal action against someone who may be violating this Agreement or may be causing injury to or interference (either intentionally or unintentionally) with the rights or property of ShipServ, other Users or any third party;
e. aggregated information on Users and their use of the Services, for statistical, marketing or promotional purposes provided that
1. this shall not include any information about any individual User’s pricing or products; or
2. no individual User or its products can be identified from such information; or
3. the publication of such information shall not damage the interests of any individual User.
4. Changes to the Policy
a. ShipServ will consult the Users about any proposed changes to this Policy 60 days before the changes are due to come into force.
b. It will publish the final version of the changes 30 days before they are due to come into force.
c. The Users and ShipServ will be bound by this Policy and any changes.
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