NONDISCLOSURE AGREEMENT

This Nondisclosure Agreement (“Agreement”) is entered into by and between: Tidewater Friends of Foster Care (“Disclosing Party”) and the “Receiving Party” for the purpose of preventing the unauthorized disclosure of Confidential Personal Information as defined below. The parties agree to keep confidential, to the best of their ability and as permitted by law, proprietary and confidential personal information, as defined below.

Nondisclosure Agreement

Agreement to Confidentiality of Foster Care Information

Name (Receiving Party):*
First Last
Email*

Please read and click each section below.
Organization
1. Definition of “Confidential Personal Information.”*
- For purposes of this Agreement, "Confidential Personal Information" shall include all information provided from Disclosing Party to the Receiving Party that identifies or refers to an individual, including, but not limited to, an individual’s photograph; name; address; telephone number; date of birth; e-mail address; employment records; school records; medical and/or mental health records; details of any foster care or court case (including any criminal conviction records for violation of the law); any records of child protective services removal, findings, or allegations; any personally identifiable information that would permit identification of a child in foster placement, past, present or future; and any other personally identifiable information not lawfully accessible from publicly available information.
2. Exclusions from Confidential Personal 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 Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party with Disclosing Party's prior written approval.
3. Obligations of Receiving Party*
- Receiving Party shall hold and maintain the Confidential Personal Information in strictest confidence for the sole and exclusive purpose of performing its obligations under the Memorandum of Understanding . Receiving Party shall not, without prior written approval of Disclosing Party, 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 Disclosing Party, any Confidential Personal Information. Receiving Party shall return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to, or including, Confidential Personal Information immediately upon receiving a written request from Disclosing Party.
4. Time Periods*
- The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Personal Information in confidence shall remain in effect until the Confidential Personal Information becomes publicly known through no fault of the Receiving Party or until Disclosing Party 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 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 and supersedes all prior proposals, agreements, representations and understandings. This Agreement may not be amended except in a writing signed 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. Governing Law*
- This agreement shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law rules or principles which might refer the governance or construction of this Agreement to the laws of another jurisdiction. This Agreement and each party's obligations shall be binding on the representatives, assigns and successors of such party. Each party has signed this Agreement through its authorized representative. Name & Signature of Disclosing Party: Audra Bullock President - Tidewater Friends of Foster Care
Electronic Signature (Receiving Party):*

By Typing my Full Name above, I confirm my consent to this agreement and understand that I am electronically signing this form.
Date:*
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