1.1 Privacy Statement. Wixxfix Technologies will treat your personal information in accordance with our Privacy Statement below.
By accepting the terms and conditions of this Agreement, you agree to be bound by the terms and conditions of the Privacy Statement.
1.2 Password Security. You are responsible to keep your password(s) secure, and you agree not to disclose your passwords to any third party. You are solely responsible for any activity that occurs under your user names and accounts, including any sub-accounts. Wixxfix Technologies may request temporary use of your password(s), and may otherwise retain your password(s) in a secure electronic file related to your account, to facilitate routine support and maintenance services. If you lose your password(s) or the encryption keys for any of your products or Services, Wixxfix Technologies may not be able to assist you in recovering any associated data or information. You must notify the Wixxfix Technologies immediately of any suspected unauthorized use of your accounts or any other security breach related to the Services. If Wixxfix Technologies determines that a security breach or suspected fraudulent activity has occurred or is likely to occur on your account, Wixxfix Technologies may suspend your account until the applicable account activity has been verified.
1.3 Confidential Information. You acknowledge that, in connection with the performance of this Agreement, you may receive certain Confidential Information of Wixxfix Technologies. You hereby agree: (a) to hold and maintain in strict confidence all Confidential Information and not to disclose it to any third party; and (b) not to use any Confidential Information of Wixxfix Technologies except as permitted by this Agreement or as may be necessary to exercise rights or perform obligations under this Agreement. ‘Confidential Information’ means, collectively, (i) any information disclosed by Wixxfix Technologies, either directly or indirectly, whether written, verbal, magnetic, photographic, optical, or other form, or by inspection of tangible objects, which has been, or will be, furnished or disclosed by a party, or its employees, representatives, consultants or agents, including, without limitation, algorithms, business plans, customer data, customer lists, customer names, supplier and installer names and data, designs documents, drawings, engineering information, financial analysis, forecasts, formulas, hardware configuration information, know-how, ideas, inventions, market information, marketing plans, processes, products, product plans, research, specifications, software, source code, trade secrets or any other information which is designated as ‘confidential,’ ‘proprietary’ or some similar designation, and which has been designated as being confidential, or which is otherwise disclosed in such a manner or is of such a character as would put a reasonable person on notice as to the confidential and proprietary nature of the information (collectively, the ‘Disclosed Materials’); (ii) any information otherwise obtained, directly or indirectly, by a receiving party through inspection, review or analysis of the Disclosed Materials; and (iii) information of a third party that is in the possession of Company and is disclosed to you under this Agreement.
1.4 Disclosure Under Compulsion of Law. In the event you are the recipient of any court order, subpoena or other governmental authority which purports to require the disclosure of any of the Wixxfix Technologies’ Confidential Information, or in the event such disclosure is required by applicable law, regulation or stock exchange rule, you shall use commercially reasonable efforts to provide the Wixxfix Technologies with prompt notice of the same prior to any disclosure and with such advance notice so as to afford a reasonable opportunity to protect the Confidential Information from public disclosure, and shall construe any such court order, subpoena or other governmental authority requesting such information in the narrowest permissible manner and shall seek to obtain and cooperate with Wixxfix Technologies to obtain a proper protective order, a court ruling quashing any such subpoena, or any other governmental or private mechanism for retention of the confidential status of the information sought.