Privacy Policy

Darlaston craft club

DISCLOSURE
1. Darlaston craft club wish to exchange information with each other relating to the answering of queries and providing informative email campaigns relevant to the website (“Permitted Purpose”).
2. In this agreement:
  1. “Confidential Information” means all confidential or proprietary information (however recorded or preserved) relating to the Permitted Purpose (including the existence of discussions and/or negotiations relating to the Permitted Purpose) that is disclosed or made available whether before or after the date of this agreement, directly or indirectly, by the Discloser to the Recipient in any form or medium.
  2. “Discloser” means a party to this agreement which discloses or makes available directly or indirectly Confidential Information to the other party.
  3. “Recipient” means a party to this agreement which receives or obtains directly or indirectly Confidential Information from the other party.
3. In consideration of the Discloser agreeing to disclose Confidential Information to the Recipient, the Recipient undertakes to the Discloser that it shall:
  1. keep the Confidential Information secret and confidential, including applying the same security measures and degree of care to the Confidential Information as the Recipient applies to its own confidential information, which the Recipient warrants as providing adequate protection from unauthorised disclosure, copying or use;
  2. not use or exploit the Confidential Information in any way, except for or in connection with, the Permitted Purpose; and
  3. only make disclosure of the Confidential Information in accordance with paragraph 1.4 and paragraph 1.5. Any other disclosure can only be made with the Discloser's prior written consent at its sole discretion.
4. Darlaston craft club may disclose the Confidential Information to any of its group members that need to know the relevant Confidential Information for the Permitted Purpose only, provided that it procures that each such person to whom the Confidential Information is disclosed complies with the obligations set out in this agreement as if they were the Recipient. If any persons to whom the Recipient discloses the Confidential Information act in a way that amounts to a breach of this letter, the Recipient shall be responsible towards the Discloser for such breach.
5. Each party may disclose the Confidential Information to the minimum extent required by:
  1. any order of any court of competent jurisdiction or any regulatory, judicial, governmental or similar body or taxation authority of competent jurisdiction;
  2. the rules of any listing authority or stock exchange on which its shares are listed; or
  3. the laws or regulations of any country to which its affairs are subject.
6. Any required disclosure pursuant to paragraph 1.5 is subject to the immediate notification by the Recipient of such requirement prior to any such disclosure being made (so far as it is lawful and reasonably practicable to do so), with a view to the parties agreeing the timing and content of such disclosure and affording the Discloser the opportunity to seek an appropriate remedy to prevent such disclosure.
LIMITATIONS ON OBLIGATIONS
1. The obligations set out in paragraph 1 shall not apply, or shall cease to apply, to Confidential Information which the Recipient can show to the Discloser's reasonable satisfaction:
  1. that it is, or becomes generally available to the public other than as a direct or indirect result of the information being disclosed by the Recipient in breach of this agreement;
  2. was already lawfully known to the Recipient before it was disclosed by the Discloser; or
  3. has been received by the Recipient from a third party source that is not connected with the Discloser and that such source was not under any obligation of confidence in respect of that information.
RETURN OF THE CONFIDENTIAL INFORMATION
1. If requested by the Discloser at any time, the Recipient shall immediately destroy or return to the Discloser all documents and other records of the Confidential Information that have been supplied to or documents and records that contain, reflect or derive from Confidential Information and were generated by the Recipient. If the Confidential Information is stored in electronic form, the Recipient shall erase all such Confidential Information from its computer and communications systems and devices used by it (to the extent technically practicable). A Recipient may retain documents and materials containing, reflecting, incorporating or based on the other party's Confidential Information to the extent required by law or any applicable governmental or regulatory authority, in which case the provisions of this agreement shall continue to apply to any such documents and materials retained by the Recipient, subject to paragraph 4 (Term and Termination).
2. The Discloser may request the Recipient to certify in writing that it has complied with its obligations in paragraph 3.1.
TERM AND TERMINATION
1. If either party decides not to continue to be involved in the Permitted Purpose with the other party, it shall notify that party immediately.
2. Notwithstanding the termination of discussions between the parties in relation to the Permitted Purpose pursuant to paragraph 4.1, the obligations of each party shall continue for a period of five (5) years from the termination of this agreement.
Acknowledgment and inadequacy of damages
1. Each party acknowledges and agrees that the Confidential Information may not be accurate or complete and it makes no warranty or representation (whether express or implied) concerning the Confidential Information, or its accuracy or completeness.
2. Without prejudice to any other rights or remedies that each party may have, each party acknowledges and agrees that damages alone would not be an adequate remedy for any breach of the terms of this agreement by the other party. Accordingly, each party shall be entitled to apply for the remedies of injunctions, specific performance or other equitable relief for any threatened or actual breach of this agreement.
No Right or Licence
1. The disclosure of the Confidential Information shall not confer any rights (including any intellectual property rights) over the Confidential Information whatsoever on the Recipient or its Associates beyond those contained in this letter and the Confidential Information shall remain the property of the Company.
Governing law and jurisdiction
1. Governing law This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
2. Jurisdiction Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
COUNTERPARTS
1. This agreement may be executed in any number of counterparts, each of which shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.

Signed by Mrs Debbie Ball on behalf of Darlaston Craft Club

………D.Ball………………………………….
signed

Dated: 16/01/2024