CONFIDENTIALITY POLICY
It is the policy of Cannon & Caius LLC not to disclose to clients, potential clients, or other parties specific information about a donor or prospective donor until that donor or prospective donor wishes to be revealed to a charitable venture or other third party in contact with or through Cannon & Caius.
This policy is designed to promote a more productive and confidential discussion about the needs of a donor or prospective donor in consultation with their trusted advisors, Cannon & Caius, as well as the needs of a Cannon & Caius recommended charity of choice.
It is Cannon & Caius' intent in doing so to better independently and ethically recommend a charitable course of action to any donor, prospective donor, or prospective donor's trusted advisor(s) on behalf of a charity of choice that we support or directly represent.
By doing so, it is Cannon & Caius' experience and desire that any proposed collaboration between a prospective donor and a prospective charity of choice will be more consistent with the wishes and the needs of both the prospective donor and the prospective charity of choice.
Confidentiality Agreement
This Nondisclosure & Confidentiality Agreement (the "Agreement") is posted by Cannon & Caius LLC (the "Receiving Party") for the disclosing party known as the Prospective Philanthropist (the "Philanthropist"), either directly or through a Trusted Advisor (the "Advisor") for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. Cannon & Caius LLC agrees to hold any information received through this portal in a confidential manner with respect to the disclosure of certain proprietary and confidential information ("Confidential Information") that may be transmitted or shared by the Philanthropist.
1. Definition of Confidential Information. For purposes of this Agreement, "Confidential Information" shall include all information or material that has or could have philanthropic or commercial value or other utility in the business in which the Receiving Party, Philanthropist or Advisor is engaged or the charity industry at large.
2. Exclusions from Confidential Information. Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Philanthropist or Advisor; (c) learned by the Receiving Party through legitimate means other than from the Philanthropist or Philanthropist's representatives; or (d) is disclosed by Receiving Party with the Philanthropist's or Advisor's prior written approval.
3. Obligations of Receiving Party. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Philanthropist. Receiving Party shall carefully restrict access to Confidential Information to employees, consultants, contractors, clients, prospective clients, and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without prior written approval of Philanthropist or Advisor, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Philanthropist or Advisor, any Confidential Information. Receiving Party shall return to Philanthropist or Advisor any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Philanthropist or Advisor requests it in writing. Receiving Party agrees not to provide, sell, share or distribute information pertaining to the Philanthropist or Advisor without the Philanthropist's or Advisor's prior written or electronically transmitted permission.
4. Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as confidential or until Philanthropist or Advisor sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.
5. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.
6. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.
7. Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter provided through this portal and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing or electronically transmitted by both parties.
8. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
9. Applicable Law. The laws of the state of Florida shall govern this agreement.
This Agreement and each party's obligations shall be binding on the representatives, assigns, and successors of such party. Each party agrees to this Agreement through its authorized representative by continuing to operate through this Cannon & Caius LLC web site.