Privacy Policy
DATA PRIVACY AND NON-DISCLOSURE AGREEMENT
Personal Data is being collected for a proposed business engagement, franchise application, partnership, supplier accreditation, employment, or other related transaction with THE NYC UNLIMITED WINGS.
I hereby represent that all information provided herein is true and correct to the best of my knowledge and belief. I further agree and consent to the collection, use, storage, and processing of the above personal data by THE NYC UNLIMITED WINGS for purposes of evaluation, verification, documentation, business processing, and future legitimate business use.
I recognize that THE NYC UNLIMITED WINGS is not in any way obligated to approve, offer, or enter into any franchise, partnership, employment, supplier agreement, or business opportunity because of the execution of this document. I understand that any false statement or misrepresentation in this application or submission shall be considered sufficient cause for denial or termination of further consideration.
I understand that inquiries regarding my character, personal background, qualifications, financial capacity, and related information may be conducted as part of the evaluation process required by THE NYC UNLIMITED WINGS.
NON-DISCLOSURE AGREEMENT
- The Parties to this Agreement are:
THE NYC UNLIMITED WINGS and the APPLICANT. - Each of THE NYC UNLIMITED WINGS and the APPLICANT may disclose (“Discloser”) to the other party (“Recipient”) certain confidential and/or proprietary information concerning its business operations, financial condition, marketing strategies, products, services, trade practices, and/or strategic plans related to:
Business transactions and engagements between THE NYC UNLIMITED WINGS and the APPLICANT (“Confidential Information”) - The Confidential Information shall be disclosed by the Discloser to the Recipient in oral, written, electronic, visual, or other tangible form.
- The Recipient agrees that:
a. The Confidential Information shall be held in strict confidence using the same degree of care, but not less than a reasonable degree of care, as the Recipient uses to protect their own confidential information of a similar nature;
b. The Recipient shall take all reasonable steps necessary to prevent unauthorized disclosure of the Confidential Information to any third party;
c. The Recipient shall not commercially use, reproduce, distribute, or exploit the Confidential Information without prior written consent from the Discloser;
d. Upon request, all Confidential Information and copies thereof shall be promptly returned or destroyed, as directed by the Discloser; and
e. In the event the Recipient is legally compelled to disclose any portion of the Confidential Information, the Recipient shall promptly notify the Discloser prior to disclosure so the Discloser may seek appropriate protective measures. - The confidentiality and non-use obligations set forth herein shall not apply to any Confidential Information which:
a. Was already known to the Recipient prior to disclosure;
b. Becomes publicly available through no fault or breach of the Recipient;
c. Is lawfully obtained from a third party without restriction and without breach of any confidentiality obligation; or
d. Is disclosed by the Discloser to another party without confidentiality restrictions. - Nothing in this Agreement shall obligate the Discloser to disclose any information, confidential or otherwise, that it deems, at its sole discretion, inappropriate or contrary to its best interests to disclose.
- The parties further agree that under this Agreement:
a. Neither party acquires any license or ownership rights to the intellectual property of the other party;
b. Neither party is obligated to purchase products or services from the other party;
c. Neither party is obligated to enter into any future business relationship or transaction; and
d. Nothing herein shall be construed to create a partnership, joint venture, agency, or employer-employee relationship between the parties. - This Agreement shall take effect on the date signed by both parties and shall remain valid for a period of five (5) years thereafter, unless otherwise terminated in writing by both parties.
- Should the Recipient engage third-party consultants, contractors, advisers, designers, or representatives (“Representatives”) in relation to the subject matter of this Agreement, the Recipient shall ensure that such Representatives are bound in writing by confidentiality obligations substantially similar to those contained herein.
- The Recipient shall be fully responsible for any breach of confidentiality committed by its Representatives.
- This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of the Philippines.
- Neither party may assign, transfer, or delegate any rights or obligations under this Agreement without the prior written consent of the other party.
“Confidential Information” may include, without limitation: business plans, recipes, product formulations, operational procedures, marketing strategies, customer information, supplier lists, pricing information, financial data, studies, reports, designs, concepts, know-how, inventions, trade secrets, and other proprietary materials disclosed in written, electronic, verbal, or visual form. Whenever practicable, Confidential Information disclosed in documentary or tangible form shall be marked “Confidential” or “Proprietary.” Oral disclosures may subsequently be confirmed in writing by the Discloser.