“Arise® Platform” is the proprietary platform that provides a marketplace for Company and its Authorized Users to seek servicing opportunities with Clients and includes Arise’s website and telephony systems, Arise’s patented virtual contact center scheduling and communication system and software trademarked as “StarMatic®”, Arise’s proprietary secure desktop technology, Arise’s virtual contact center management system, the Arise portal, the Arise online elearning platform, and any other technology, methodologies or intellectual property owned by Arise or licensed from a third party that Arise may provide to Company or its Authorized Users from time to time in connection with Company’s use of the Arise Services.
“Arise Services” means the access to and use of the Arise® Platform provided by Arise to Company pursuant to this agreement and each Statement of Work from time to time.
“Authorized User” means Company and any authorized employee, contractor, or other personnel of Company that has the right and license to access and use the Arise Services.
“Client” means an entity that receives services from Company through the use of the Arise® Platform.
“Client Information” means any and all Client Confidential Information, Client intellectual property rights, and other information provided by or on behalf of a Client, or a customer of a Client, to Company or an Authorized User either prior to or during the term of this agreement, or which is otherwise deduced, provided or developed by Company or an Authorized User therefrom, in whatever form, or is otherwise owned or licensed by Client.
“Confidential Information” means all information, in any form, supplied to one party by, or at the direction of, the other party. Confidential Information includes, but is not limited to, this agreement; any Statement of Work; any Personal Data; information and data available on the Arise® Platform; and any and all Client Information. The term “Confidential Information” does not include any materials or information to the extent that such materials or information: (a) are or become publicly known other than as the result of a violation of this agreement or any other agreement by the receiving party; or (b) are known to the receiving party on a non-confidential basis, prior to the receipt of such materials or information from the disclosing party; provided, however the exceptions in (a) and (b) above do not apply to Personal Data. Failure to mark any Confidential Information as confidential will not affect its status as Confidential Information under this agreement. All Client Information is Confidential Information, unless it falls into the (a) exception above.
“Personal Data” means any information that relates to or describes an individual or household, including any data that is linked or linkable to an individual or household that Company or its Authorized Users receives, accesses, processes, stores, or transmits through the Arise® Platform or on behalf of Arise or any Client, including but not limited to an individual’s bank account number, social security number, credit or debit card numbers, and other credit or debit card data, driver’s license number or other government-issued identification number, PIN, mother’s maiden name, biometric or health data, answers to security questions or other information that could allow access to financial accounts or that can be used to facilitate identity theft. All Personal Data is Confidential Information.
“Company Services” means the services to be performed by Company for a Client using the Arise® Platform pursuant to this agreement and any Statement of Work.
“Statement of Work” also known as SOW means the written agreement that outlines the obligations of the parties with respect to a particular project, which is subject to and incorporates by reference the terms of this agreement.