AGILE COMPUTING is committed to safeguarding the privacy of our Clients. This Statement outlines how Agile Computing will treat Client Information, particularly in respect of work to be performed, and information to be acquired, directly or indirectly in connection with Instagile.
1.1 'Client' refers to both prospective and actual customers who have entered into a business discussion with Agile Computing regarding the transfer of business data for the purpose of potentially or actually commencing an Instagile project.
1.2 ‘Information’ means information, documents and data stored by any means and any information made available to Agile Computing in the course of dealings with a Client and includes information relating to:
any intellectual property rights of a Client;
to the financial position or reputation of a Client;
the internal management and structure of a Client;
the personnel, policies and strategies of a Client;
information and data stored within a Client's computer systems and or contained within a Client's records;
a Client's clients or suppliers;
and information of a Client that has any actual or potential commercial value to the Client or to the person or corporation which supplied that information.
2.1 Agile Computing will treat as secret and confidential all Information to which Agile Computing has access or which is disclosed to Agile Computing .
2.2 If a Client grants its consent for Agile Computing to disclose information, it may impose conditions on that consent. In particular, the Client may require that Agile Computing obtain the execution of a Deed by the person to whom Agile Computing proposes to disclose the Information.
2.3 A Client's obligation to Confidentiality will not be taken to have been breached where Agile Computing is legally required to disclose the Information.
2.4 Agile Computing's obligations under this clause are to be interpreted subject to clause 3.
3. Restriction on use
3.1 Agile Computing will use the Information only for the purpose of business dealings with the Client (whether directly or indirectly).
3.2 Agile Computing will not copy or reproduce the Information without the approval of the Client, will not allow any other person outside the Client access to the Information and will take all necessary precautions to prevent unauthorised access to or copying of the Information in Agile Computing's control.
3.3 Nothing in this Statement will be interpreted as preventing Agile Computing from utilising the Information in a manner consistent with Agile Computing's work in connection with Instagile, except to the extent expressly prohibited in this Statement.
This Confidentiality Statement will survive the termination or expiry of any contract between a Client and Agile Computing providing for the performance of services or the provision of goods by Agile Computing (whether directly or indirectly).
5. Powers of the Customer
Upon request by a Client, Agile Computing must deliver to the Client all documents in their possession or control containing Information.
If at the time of such a request Agile Computing is aware that documents containing Information are beyond their possession or control, then Agile Computing must provide full details of where the documents containing the Information are, and the identity of the person who has control of them.
6. Security of information
6.1 Agile Computing will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of all Client information.
6.2 Agile Computing will store all Client information on secure (password- and firewall-protected) servers.
6.3 The Client acknowledges that the transmission of information over the internet is inherently insecure, and Agile Computing cannot guarantee the security of data sent over the internet.
7.1 Agile Computing may update this policy from time to time by publishing a new version on www.instagile.com.
7.2 A Client is to advise Agile Computing if the information that Agile Computing holds pertaining to the Client's Instagile project needs to be corrected or updated.
8.1 Client Confidentiality will be governed in accordance with the law in the State of Western Australia
8.2 This website is owned and operated by Agile Computing. If you have any questions or concerns about how we handle data and information we are privy to, please feel free to contact us.