MUTUAL NON-DISCLOSURE AGREEMENT THIS AGREEMENT is made this day between an Individual and/or Company establishing or having established an account(the “Visitor”); and BOBSTEWART.COM, a sole-proprietorship organized and existing under the laws of the State of Maine, United States of America (“BOBSTEWART.COM”). The Individual/Company and BOBSTEWART.COM may be referred to herein as a “Party” or, collectively, the “Parties”. WHEREAS, the Parties desire to explore certain business possibilities which may include investment, consultation, purchase and sale of goods, production or foundry of goods, technical assistance or transfer of furtherance thereof, it is understood and agreed that certain business and trade information proprietary to a Party, and which such Party considers confidential, may be provided or disclosed by such disclosing Party (the “Disclosing Party”) to the other Party (the “Receiving Party”). NOW, THEREFORE, in consideration of these premises, it is agreed as follows: ARTICLE 1. DEFINITIONS: As used herein, the following terms shall have the following respective meaning: (a) “Confidential Information” shall mean any information, technical data or know-how which relates to the business, services, or products of the Disclosing Party or its Affiliates (as defined hereinafter), including, without limitation, any patent (including applications therefore), trademark, copyright, trade secret, research, product, service, development, invention, process, technique, design distribution, engineering, marketing, merchandising and/or sales information which is disclosed by the Disclosing Party or its Affiliates to the Receiving Party before or after the date hereof whether in writing, orally or by drawing or inspection of parts or equipment; provided, however, that Confidential Information shall not include any information that: (i) had, at the time of disclosure, been previously made public; (ii) is made public after its disclosure, unless such publication is a breach of this Agreement or any other agreement between the Parties hereto; (iii) was, prior to disclosure to the Receiving Party, received from a third party who is lawfully in possession of such information and is free to disclose such information to the Receiving Party; and (iv) is subsequently independently developed by the Receiving Party without reference to any information furnished pursuant to this Agreement and written documentation is available to prove that such development predated this Agreement. (b) “Affiliate” shall mean any company or entity that directly controls or is directly or indirectly controlled by, or is under common control with a Party. The term “control” shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management of such company or entity whether through the ownership or voting shares, by contract, or otherwise. ARTICLE 2. TREATMENT IN CONFIDENCE: With respect to Confidential Information, the Receiving Party agrees as follows: (a) The Receiving Party shall not use the Confidential Information for its own use or for any purpose except to evaluate whether it desires to enter into a business relationship with the Disclosing Party or as necessary to carry out the terms of such business relationship. (b) The Receiving Party shall not disclose the Confidential Information to any person other than its employees and its Affiliates’ employees having a reasonable need-to-know of the Confidential Information. (c) The Receiving Party shall, and shall cause all its employees and its Affiliates employees to whom such Confidential Information may be disclosed, take reasonable security measures and use best efforts to preserve and protect the security of and to avoid disclosure or use of the Confidential Information. (d) The Receiving Party shall promptly advise the Disclosing Party in writing of any misappropriation or misuse by any person of any Confidential Information which may come to its attention. ARTICLE 3. RETURN OF DOCUMENTS: All Confidential Information which has been furnished by the Disclosing Party to the Receiving Party shall be promptly returned by the Receiving Party to the Disclosing Party, accompanied by all copies and translations of such documentation and information made by the Receiving Party after the Parties have explored or completed the stated business relationship. ARTICLE 4. NO RIGHTS GRANTED: Nothing herein contained or the termination hereof shall be construed as granting or conferring any rights on the Receiving Party by license or otherwise, whether express or implied, to the Disclosing Party’s Confidential Information. ARTICLE 5. COMPENSATION: The Parties shall not be obligated to compensate each other for exchanging any Confidential Information under this Agreement as well as any use thereof except as expressly provided herein. ARTICLE 6. TERMINATION: This Agreement shall be effective as of the date of the last signature written below (the “Effective Date”). This Agreement may be terminated with respect to further disclosures upon thirty (30) calendar days’ prior written notice. This Agreement shall automatically terminate three (3) years from the Effective Date; provided, however, that the rights and obligations accruing prior to termination shall survive such termination. ARTICLE 7. AUTHORITY: Each Party represents and warrants that it possesses all necessary powers, rights and authority to lawfully enter into this Agreement and make the disclosures subject to, and fulfill the obligations set forth in, this Agreement. ARTICLE 8. MISCELLANEOUS: (a) Counterparts. This Agreement may be executed by facsimile in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the Parties and delivered to the other Party, it being understood that all Parties need not sign the same counterpart. (b) Except as otherwise provided herein, any and all remedies herein expressly conferred will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a Party of any one remedy will not preclude the exercise of any other remedy. The Parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that each Party shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any State having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity. In addition, the prevailing Party in any dispute arising hereunder shall be entitled to its attorney’s fees and court costs in addition to any other relief which may be awarded. (c)This Agreement shall be governed by and construed in accordance with the laws of the State of Maine, United Stated of America, regardless of the laws that might otherwise govern under applicable principles of conflicts of law thereof. (d) Without limiting the jurisdiction or venue of any other federal or state courts, each of the Parties irrevocably and unconditionally: (a) agrees that any suit, action or legal proceeding arising out of or relating to this Agreement may be brought in the United States District Court for the District of Maine; (b) consents to the jurisdiction of such court in any suit, action or proceeding; (c) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in such court; and (d) agrees that service of such court paper may be effected on such party by mail, as provided in this Agreement, or in such other manner as may be provided under applicable laws or court rules in said State. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their authorized representatives. Receiving Party: BOBSTEWART.COM Robert E. Stewart, Sr. Signature: Signature on File
You expressly consent to the collection, use and disclosure of your information in accordance with this Privacy Notice by clicking the “I accept” box upon creating your account with us or by otherwise accessing or the Services.
bobstewart.com and our affiliates with whom you have a business relationship (“bobstewart.com”, “we”, “us”) care about your privacy, security, and online safety. This Privacy Notice (“Notice”) is designed to inform you about how we collect, use, and share users’ of our products and services (“you”, “your”) data that could be used to identify a particular individual (“Personal Information”).
This Privacy Notice details our practices regarding the personal information we obtain from individuals through our websites, products, services, web-based, mobile, and other applications, and media channels (collectively, the “Services”).
When you access or use our Services, you acknowledge that you have read this Notice and understand its contents. Your use of our Services and any dispute over privacy is subject to this Notice and our Terms of Service (including any applicable limitations on damages and the resolution of disputes).
We may update this Notice, or other privacy notices that we establish for individual products, at any time. We will alert you about any changes by posting the updated version of this Privacy Notice on our Site. Any changes or modifications will be effective immediately upon such posting and you hereby waive the right to receive specific notice of each such update. You are encouraged to periodically review this Privacy Notice to stay informed of any updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Notice by your continued use of the Services after the date such revised Privacy Notice is posted.
Our headquarters are in the United States, and we operate there as well as in other countries; either through our own subsidiaries or third-parties. Therefore, we, ourselves of via third-parties, may transfer your Personal Information to, or process or gain access to it from, jurisdictions that may not provide the same level of protections as your home jurisdiction. However, we undertake industry standard measures to try to ensure that your Personal Information receives an adequate level of protection in such jurisdictions. If your Personal Information is being transferred from the European Economic Area or Switzerland, we provide adequate protection for the transfer of Personal Information to countries outside of the EEA or Switzerland through a series of intercompany agreements based on the Standard Contractual Clauses authorized under the EU Data Protection Directive 95/46/EC.
You may contact our Data Privacy Officer at: firstname.lastname@example.org
COLLECTION OF YOUR INFORMATION
Why Do We Collect Your Information?
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, collected data about you via the Services to:
Provide the Services and this Site;
Send news and updates to subscribers to the Site;
Cooperate with law enforcement and regulators; and
Perform other business activities as needed, such as analyzing security threats and vulnerabilities.
What Personal Information Do We Collect?
The Personal Information we may collect through the Services includes:
Contact information (such as name and email address)
How Do We Collect Information?
We may collect information that is provided automatically from your use of the Services, from certain third-parties, or that you provide.
You should be aware that getting a new computer or device, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
Information from Other Third-Parties: We may collect information (e.g. page view, search term and search result information, etc.) about you from other third-parties such as from a list of subscribers to a third-party publication.
Information That You Provide: The information that you provide directly to us generally consists of your contact details, billing data, customer service queries, reviews, or survey and questionnaire responses. Except for certain minimum data (e.g. your name and e-mail address) which is required to establish your account on the Services, you are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Services.
USE AND DISCLOSURE OF YOUR INFORMATION
How Do We Use Your Information?
We may use your Personal Information to protect you from security and other risks and our own business purposes such as:
Compile anonymous statistical data and analysis for use internally or with third-parties;
Increase the efficiency and operation of the Services and Site;
Email you pertinente updates regarding news, offers, and promotions;
Monitor and analyze usage and trends to improve your experience with and update the Services;
Notify you of updates to the Services;
To help prevent the fraudulent use of or theft of the Services and your information;
Comply with applicable law, regulations, and policies;
Identify threats and vulnerabilities and update our Services accordingly; and
Data processing (including data encryption).
When Do We Share Personal Information?
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
By Law or to Protect Rights. If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
Marketing Communications. With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by applicable law.
Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
Social Media Contacts. If you connect to the Services through a social network, your contacts on the social network may see your name, profile photo, and descriptions of your activity.
Sale or Bankruptcy. If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur, and that the transferee will then be solely responsible for any commitments we make in this Privacy Notice.
Anonymous Data. While we would never disclose your personally identifiable information to any third-party without your express consent, except as provided for in this Privacy Notice, we reserve the right to use any aggregated statistical or other such data, which is transmitted and stored separately from any of your Personal Information and cannot be reasonably used to identify you (“Anonymous Data”), collected and/or aggregated for any purpose and disclose, share, or otherwise transfer Anonymous Data to third parties, including via the license or sale thereof, at its sole and absolute discretion. By accepting the terms and conditions of this Privacy Notice, you are expressly consenting to such sharing, disclosure, or transfer.
California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from our systems.
Please Note. We are not responsible for the actions of third-parties with whom you share personal or sensitive information, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails, or other communications from third-parties, you are responsible for contacting the third party directly.
The Services may contain links to third-party websites and applications of interest including advertisements, website analytics providers, social network sites, and other external services, that are not affiliated with us. Once you have used these links to leave the Services, this Privacy Notice does not cover any information you provide to these third-parties, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Services.
SECURITY OF YOUR INFORMATION
We use a variety of industry standard administrative, technical, and physical security measures to help protect your personal information. We also require you to enter a password to access your account information. It is your responsibility to safeguard your password and other login credentials, please do not disclose your account password to unauthorized people. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
YOUR CHOICES REGARDING YOUR INFORMATION
Account Information. You may at any time review or change the information in your account by Logging into your account settings and updating your information.
You may at any time terminate your account by:
Submitting a request to email@example.com to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Service and/or comply with other applicable legal or regulatory requirements.
Emails and Communications. If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by:
Logging into your account settings and updating your preferences. If you no longer wish to receive any correspondence, emails, or other communications from third-parties, you are responsible for contacting the third-party directly.
Notwithstanding the “Your Choices” section above, the time periods for which we retain your Personal Information may vary dependent upon the reason for its collection and use. Generally, we will retain Personal Information: (i) for as long as you are using our products or services; or (ii) for as long as we have a legitimate business purpose (such as those described in the “How Do We Use Personal Information” section above), but we will do so only as is necessary to meet our legitimate business needs and obligations or as permitted by applicable law. The information we collect may be stored and processed in servers in the United States and wherever we and our service providers have facilities around the globe.
POLICY FOR CHILDREN
We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.
If you have questions or comments about this Privacy Notice or otherwise need to contact us, please contact us at: