At Altum, protecting your data is our top priority. We appreciate that you trust us with your information and we intend to always keep that trust. This starts with making sure you understand the information we collect, why we collect it, how it is used and your choices regarding your information.
You must read and agree to our Data Release Agreement because it forms the binding contract between you and Altum. We’ve provided this short summary for your convenience.
This Data Release Agreement (this “Agreement”) is made and entered into effective as of the Effective Date (defined below) by and between “User”, and Altum Inc., having an address at 300 Delaware Avenue, Suite 210-A, Wilmington, Delaware 19801 in New Castle County (“Altum”). Altum and “User” may be individually referred to in this Agreement as a “Party” and collectively as the “Parties.”
The Parties agree as follows:
Subject to Altum’s compliance with the terms of this Agreement, User agrees that all User Confidential Information that User discloses to Altum in any form grants Altum with irrevocable and unconstrained ability to use the disclosed User Confidential Information as defined below. Use is defined as any methods that include researching, analyzing, retaining and/or storing the User Confidential Information for any purposes subject to the Terms of Confidentiality. To protect User customers’ privacy, Altum shall not attempt to identify the customers from whom the User Confidential Information was generated and shall not combine the User Confidential Information with data from other sources for the sole purpose of identifying any individuals from the User Confidential Information.
User agrees that Research Results produced through Altum’s use of the User Confidential Information is Altum’s intellectual property and User may only use the Research Results on separate licensing terms to be agreed by the Parties in writing.
The performance of this Agreement does not conflict with any obligations or duties, express or implied, that Altum or any Research Personnel may have to any third parties.
"Confidential Information" means Disclosing Party’s confidential and non-public information, including but not limited to data generated or developed by User, provided by one party to another under this Agreement; provided that relative to User as Receiving Party, such information must be reduced to writing and marked as confidential. Confidential Information does not include information to the extent that: (i) it is or becomes in the public domain through no breach of this Agreement; (ii) the Receiving Party lawfully can demonstrate it received from any third party without restriction as to use or confidentiality or was known to the Receiving Party prior to the time of disclosure by the Disclosing Party; or (iii) it is independently developed by or for the Receiving Party by persons without access to the Confidential Information. “Disclosing Party” means a Party that discloses Confidential Information to the Receiving Party under this Agreement. “Receiving Party” means a Party that receives Confidential Information from the Disclosing Party under this Agreement.
The Receiving Party shall (and shall cause its Research Personnel in the case of Altum being the Receiving Party to) keep confidential the Confidential Information received from the Disclosing Party. In the case of a data breach, Altum will promptly inform User of such breach when Altum possess knowledge of such breach.
Entire Agreement. This Agreement and any attachments hereto set out the entire agreement of the Parties and supersede all prior agreements and understandings relating to its subject matter. This Agreement may not be altered, modified, or waived in whole or in part, except in writing signed by both Parties.
Governing Law. This Agreement and any claim, controversy or dispute related to this Agreement or the relationship of the Parties will be governed by the laws of the State of California, USA and shall be construed and governed by the laws of that State without regard to the provisions governing conflict of laws.
Notice. All notices must be in writing and will be deemed effective when (a) delivered personally or (b) mailed by certified or registered mail, postage prepaid, or (c) delivered by reputable overnight courier with proof of delivery to the Party and address set forth herein or such other address(es) of which such Party shall have given written notice.
Independent Contractor. Nothing herein creates or is intended to create an employment relationship, partnership, joint venture, agency relationship or any other fiduciary relationship between the Parties. Neither Party shall have the power to bind or obligate the other Party nor shall either Party hold itself out as having such authority.
Assignment. Altum shall not assign any of its rights or delegate any of its duties under this Agreement without the prior written consent of User. Any unauthorized attempted assignment by Altum shall be null and void and of no force or effect. This Agreement shall be binding on all successors and assignees.
Counterpart Signatures. This Agreement may be executed in counterparts or through usage of Altum’s web platform or services, each of which shall be deemed to be an original, and all of such counterparts or usage of Altum’s web services (http://altum.io) shall together constitute one and the same Agreement.