Bipper Media, LLC. (updated September 18th, 2016)
Mutual Non-Disclosure & Privacy Agreement
It is understood and agreed to that the parties to this Agreement would each like to provide the other with certain information that may be considered confidential. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree as follows:
- Bipper Media shall inform all parties if significant changes in the nature and size of our business is anticipated over the next 12 months.
- Bipper Media processes and accepts credit cards payments from clients via Square, which is a fully compliant payment provider according to HIPAA Business Associate Agreements.
- Bipper Media restricts employee access to client information on a “need to know” basis. For any client access, the appropriate security and privacy protocols are enforced for the associated employee.
- Bipper Media does not share client information with 3rd parties, with the only exception being the use of Square for payment processing and is only applicable for credit card payment transactions.
- Bipper Media has an identify theft and prevention system in place where a notification will be received if unauthorized access has been made to any and all of Bipper Media systems. Also, Bipper Media continually audits our security systems to ensure compliance and security for our clients.
- Bipper Media does not have a Chief Security Office. All security and compliance related questions are deferred to Bobby Holland, CEO of Bipper Media, LLC.
- Bipper Media conducts training with all employees on security and privacy compliance to ensure that all employees fully understand the importance of client information, security, and privacy of data.
- Bipper Media maintains perpetual backups of all client data and websites. In the event of a disaster causing loss of data, Bipper Media has the capabilities of retrieving websites and data based on previous (automatically established) checkpoints on external servers.
- In the event of the termination of an employee, the employee is 100% scrubbed from Bipper Media accounts, websites, and data. Bipper Media deletes all employee user accounts and updates all login credentials on web properties that the employee may have had access.
- All of Bipper Media’s data, including client data, is accessed via cloud based applications and is perpetually backed up by cloud based systems. These systems also maintain continual backup points for all associated data (both for Bipper Media and all client data)
- Bipper Media does not maintain offsite servers where data is backed up and stored.
- Bipper Media maintains the highest standard in HTTPS security both for our website, our own business data, and all client data. All servers used for Bipper Media operations are fully HTTPS secured.
- All of the Bipper Media’s data, both internal and client based data, is stored via online systems (cloud based applications)
- Bipper Media’s cloud based backup systems are automatically updated based on the latest releases from the applications. These updates happen at the moment the new update is released by the cloud based applications.
- All website content posted by Bipper Media is owned solely by Bipper Media, LLC., or proper licensing has been acquired for the use of content. All content on Bipper Media’s website is published on a secured HTTPS domain.
- Bipper Media does not have any security claims pending, nor has received any claims of breach of security within the last 5 years.
1. The confidential information to be disclosed under this Agreement (“Confidential Information”) can be described as and includes:
Technical and business information relating to proprietary ideas, patentable ideas and/or trade secrets, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.
In addition to the above, Confidential Information shall also include, and the parties shall have a duty to protect, other confidential and/or sensitive information which is (a) disclosed as such in writing and marked as confidential (or with other similar designation) at the time of disclosure; and/or (b) disclosed by in any other manner and identified as confidential at the time of disclosure and is also summarized and designated as confidential in a written memorandum delivered within thirty (30) days of the disclosure.
2. The parties shall use the Confidential Information only for the purpose of evaluating potential business opportunities, and / or to execute marketing and search engine optimization tasks for the Client.
3. The parties shall limit disclosure of Confidential Information within its own organization to its directors, officers, partners, members and/or employees having a need to know and shall not disclose Confidential Information to any third party (whether an individual, corporation, or other entity) without prior written consent. The parties shall satisfy its obligations under this paragraph if it takes affirmative measures to ensure compliance with these confidentiality obligations by its employees, agents, consultants and others who are permitted access to or use of the Confidential Information.
4. This Agreement imposes no obligation upon the parties with respect to any Confidential Information (a) that was possessed before receipt; (b) is or becomes a matter of public knowledge through no fault of receiving party; (c) is rightfully received from a third party not owing a duty of confidentiality; (d) is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing party; or (e) is independently developed.
5. The parties warrant that they have the right to make the disclosures under this Agreement.
6. This Agreement shall not be construed as creating, conveying, transferring, granting or conferring upon either party any rights, license or authority in or to the information exchanged, except the limited right to use Confidential Information specified in paragraph 2. Furthermore and specifically, no license or conveyance of any intellectual property rights is granted or implied by this Agreement.
7. Neither party has an obligation under this Agreement to purchase any service, goods, or intangibles from the other party. Furthermore, both parties acknowledge and agree that the exchange of information under this Agreement shall not commit or bind either party to any present or future contractual relationship (except as specifically stated herein), nor shall the exchange of information be construed as an inducement to act or not to act in any given manner.
8. Neither party shall be liable to the other in any manner whatsoever for any decisions, obligations, costs or expenses incurred, changes in business practices, plans, organization, products, services, or otherwise, based on either party’s decision to use or rely on any information exchanged under this Agreement.
9. If there is a breach or threatened breach of any provision of this Agreement, it is agreed and understood that the non-breaching party shall have no adequate remedy in money or other damages and accordingly shall be entitled to injunctive relief; provided however, no specification in this Agreement of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of this Agreement.
10. This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information and supersedes any prior agreements, understandings, or representations with respect thereto. Any addition or modification to this Agreement must be made in writing and signed by authorized representatives of both parties. This Agreement is made under and shall be construed according to the laws of the State of Georgia, U.S.A. In the event that this agreement, is breached, any and all disputes must be settled in a court of competent jurisdiction in the State of Georgia, U.S.A.
11. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole.
For questions regarding this privacy statement, please contact us at:
Bipper Media, LLC.
855 Gaines School Road
Athens, Georgia 30605
Or email: firstname.lastname@example.org