Privacy Policy

This Privacy and Confidentiality Agreement ("Agreement") is made effective as of Jan 1 2024, by HR The Best Advice ("Agency"). The Agency and the Client may be referred to individually as a "Party" and collectively as the "Parties."

1. Purpose

The purpose of this Agreement is to ensure the privacy and confidentiality of all information shared between the Parties in the course of their business relationship.

2. Definition of Confidential Information

For the purposes of this Agreement, "Confidential Information" shall mean any data or information, oral or written, disclosed by either Party to the other that is not generally known to the public, including, but not limited to:

  • Business plans, strategies, and practices

  • Financial information

  • Client lists and contact information

  • Marketing strategies and materials

  • Technical data and research

  • Product plans and specifications

  • Any other information that is marked or identified as confidential at the time of disclosure

3. Obligations of Confidentiality

The Parties agree to:

  • Keep all Confidential Information strictly confidential and use it solely for the purpose of performing their respective obligations under this Agreement.

  • Not disclose any Confidential Information to any third party without the prior written consent of the disclosing Party, except as required by law.

  • Take all reasonable measures to protect the confidentiality of the Confidential Information, which shall be no less than the measures taken to protect their own confidential information.

4. Exceptions to Confidentiality

Confidential Information does not include information that:

  • Is or becomes publicly known through no wrongful act of the receiving Party;

  • Is rightfully received from a third party without breach of any obligation of confidentiality;

  • Is independently developed by the receiving Party without use of or reference to the disclosing Party's Confidential Information;

  • Is approved for release by written authorization of the disclosing Party;

  • Is required to be disclosed by law or regulation, provided that the receiving Party gives the disclosing Party prompt notice of such requirement and assists in obtaining an order protecting the information from public disclosure.

5. Return of Materials

Upon termination of the business relationship or upon request by the disclosing Party, the receiving Party agrees to promptly return or destroy all materials containing Confidential Information, including any copies or extracts thereof.

6. Term

This Agreement shall commence on the effective date and continue in effect indefinitely or until terminated by either Party with thirty (30) days' written notice.

7. No License

Nothing in this Agreement shall be construed as granting any rights to the receiving Party under any patents or copyrights of the disclosing Party, nor shall this Agreement grant the receiving Party any rights in or to the Confidential Information, except as expressly set forth herein.

8. No Partnership or Agency

Nothing in this Agreement shall create or imply a partnership, joint venture, or agency relationship between the Parties.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles.

10. Entire Agreement

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

11. Amendments

This Agreement may be amended or modified only by a written agreement signed by both Parties.

12. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

13. Signatures

IN WITNESS WHEREOF, the Parties hereto have executed this Privacy and Confidentiality Agreement as of the effective date first above written.