Last Modified July 22, 2008

At The Digital Life (TDL) we recognize that privacy is very important to our clients. This Policy applies to all of the advisory, consulting and support services offered by The Digital Life. TDL’s privacy policy is included in part with a TDL Consulting Agreement.

If you have any questions about this Policy, please feel free to email us or write to us at The Digital Life, PO Box 7191, Watchung, NJ 07069.

ARTICLE IV — CONFIDENTIALITY

Section 4.01 — Confidentiality:  TDL is strongly committed to the privacy of our clients and the confidentiality all information.  All TDL consultants, and sub-contractors as permitted, have executed an agreement by which they covenant to keep confidential your information.  TDL in turn will execute any reasonable nondisclosure agreement Client provides to TDL as a condition of  performing services.

Section 4.02 — Confidential Information:  The term “Confidential Information” shall mean all financial, accounting, management, legal and computer information concerning the plans, services, programs or business affairs of Client or the clients of Client as well as all information disclosed by Client and the clients of Client to TDL which is clearly identified as proprietary or confidential at the time such information comes into the possession or knowledge of TDL and which is not: (i) already known to TDL; (ii) in the public domain; (iii) conveyed to TDL by a third party without restriction; (iv) released by Client or the client of Client without restriction; (v) independently developed by TDL; and (vi) required by Court Order to be released by TDL.  For purposes of this definition, written information clearly marked as confidential or proprietary and oral information preceded by a statement that such information is confidential or proprietary shall be deemed as “clearly identified as proprietary or confidential.”  For purposes of this definition, Confidential Information as provided hereunder shall not be Confidential Information ten years after the date such Confidential Information is disclosed by the Disclosing Party to the Receiving Party.

Section 4.03 — Obligation of Confidentiality:  TDL shall not duplicate, use or disclose Confidential Information except as otherwise permitted under this Agreement.  In disclosing Confidential Information as may be permitted under this Agreement, TDL shall require the recipient of such Confidential Information to abide by the restrictions of this Agreement concerning such Confidential Information before disclosing such Confidential Information to the recipient.  Within thirty days after termination of this Agreement, TDL shall either return all written Confidential Information to Client or certify that such Confidential Information has been destroyed.  This Section 4.01 shall survive termination of this Agreement.

Section 4.04 — Use and Disclosure of Confidential Information:  TDL shall disclose Confidential Information to Authorized Persons only.  TDL shall use Confidential Information only in providing services to Client or the clients of Client.  This Section 4.02 shall survive termination of this Agreement.

Section 4.05 — Licenses and Title:  The execution of a Consulting Agreement or the disclosure of Confidential Information hereunder shall not be construed as the grant of a license to TDL to use the Confidential Information to develop proprietary products, or to use any proprietary products resulting from the Confidential Information.

Section 4.06 — Client Information and Records:  TDL shall be authorized by Client during the term of this Agreement to access computer, services, software and data of Client and clients of Client only for purposes of performing this Agreement.  TDL shall not access such computer, services, software or data for any other reason without being authorized by Client in writing.  TDL shall indemnify, release, defend and hold harmless Client from any and all damages incurred by Client as a result of unauthorized access to such computer, services, software and data.  This Section shall survive termination of this Agreement.

Section 4.07 — Public Announcements:  TDL shall not make public any references to the existence of an agreement between Client and TDL.  This includes but is not to names, addresses & references to Client.  Furthermore TDL will not make public or release said confidential Information or the fact that such information is confidential, or the working relationship of the parties under this Agreement without the prior written consent of Client.

Changes to this policy

Please note that this Privacy Policy may change from time to time. We will not reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Policy changes). Each version of this Policy will be identified at the top of the page by its effective date.

If you have any additional questions or concerns about this Policy, please feel free to contact us any time through this web site or at The Digital Life, PO Box 7191, Watchung, NJ 07069.