Non-Disclosure Policy

This Non-Disclosure Policy, originally published as a standalone document, has been superseded in its entirety by Section 16 of the Terms of Service, effective June 20, 2024. As of that date, this standalone Non-Disclosure Policy is no longer in effect and carries no independent legal force.

For the current and binding non-disclosure and confidentiality provisions governing the Exlink platform, please refer to the Terms of Service, Section 16.

The Terms of Service, Section 16 (Restrictive Covenants) addresses the following subject matter:

(a) Confidential Information Definition. The scope of information classified as confidential, including trade secrets and non-public information such as source code, software designs, operating policies, business strategies, customer information, and financial information.

(b) Exclusions from Confidentiality. The categories of information excluded from confidentiality obligations, including information that becomes publicly available through no fault of the recipient, was previously in the recipient’s possession, was independently developed, is required to be disclosed by law, or is disclosed with the prior written consent of the disclosing party.

(c) Non-Disclosure Period. The obligation of receiving parties to exercise at least the same level of care used to protect their own confidential information, with the duty of non-disclosure extending both during and after the term of the Agreement.

(d) Material Return. The requirement that all originals and copies of confidential materials be returned to the disclosing party upon termination of the Agreement or upon written request.

(e) Non-Solicitation. The restrictions applicable during the term and for a twelve (12) month post-term Restricted Period on hiring, soliciting, or encouraging the departure of the Company’s employees, consultants, or contractors.

(f) Non-Disparagement. The prohibition during the Restricted Period on making derogatory or disparaging statements about the Company or its personnel.

(g) Remedies. The availability of injunctive relief and other equitable remedies in addition to monetary damages for breach of the restrictive covenant provisions.

All questions regarding non-disclosure and confidentiality obligations should be directed to security@exlink.org.