Legal

Confidentiality Notice

Balhance  |  www.findbalhance.com  |  Effective Date: March 16, 2025

1. Purpose

This Confidentiality Notice ("Notice") is issued by Balhance ("Company," "we," "us," or "our"), a professional services company based in the Commonwealth of Pennsylvania, and applies to all pre-engagement communications between Balhance and any prospective client, partner, vendor, or other individual or organization ("you" or "Disclosing Party") who contacts us through any channel, including but not limited to our website at www.findbalhance.com, email, telephone, video call, or in-person meeting.

This Notice governs the treatment of confidential information exchanged during initial inquiries, exploratory conversations, discovery calls, proposals, and any other communications that occur prior to the execution of a formal client agreement. Once a client agreement is executed, its confidentiality provisions shall govern and supersede this Notice with respect to that engagement.

2. What Constitutes Confidential Information

"Confidential Information" means any non-public information disclosed by either party to the other, whether orally, in writing, electronically, or by any other means, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, but is not limited to:

  • Business strategies, plans, objectives, and financial information
  • Client, customer, and prospect names, relationships, and data
  • Proprietary methodologies, frameworks, tools, and processes
  • Organizational structure, personnel, and compensation details
  • Technical systems, software, and infrastructure information
  • Marketing strategies, pricing, and competitive intelligence
  • Any information shared in the context of a proposal, needs assessment, or discovery conversation

3. Mutual Confidentiality Obligations

Both Balhance and you agree to hold each other's Confidential Information in strict confidence. Each party agrees to:

  • Use the other party's Confidential Information solely for the purpose of evaluating a potential engagement or business relationship with the other party
  • Not disclose the other party's Confidential Information to any third party without the prior written consent of the disclosing party
  • Protect the other party's Confidential Information using at least the same degree of care used to protect its own confidential information, but in no event less than reasonable care
  • Limit internal access to Confidential Information to those employees, contractors, or advisors who have a legitimate need to know and who are bound by confidentiality obligations no less protective than those set forth in this Notice
  • Promptly notify the other party upon becoming aware of any actual or suspected unauthorized disclosure or use of Confidential Information

4. Exclusions from Confidentiality

The obligations set forth in this Notice do not apply to information that:

  • Is or becomes publicly available through no breach of this Notice by the receiving party
  • Was rightfully known to the receiving party prior to disclosure, without restriction
  • Is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information
  • Is received from a third party without restriction and without breach of any obligation of confidentiality
  • Is required to be disclosed by applicable law, regulation, court order, or governmental authority, provided that the receiving party gives the disclosing party prompt prior written notice of such requirement (to the extent legally permitted) and cooperates with any effort by the disclosing party to seek a protective order

5. Duration of Obligations

The confidentiality obligations set forth in this Notice shall remain in effect for a period of three (3) years from the date of disclosure of the applicable Confidential Information, regardless of whether a formal engagement is entered into, declined, or later terminated.

Notwithstanding the foregoing, confidentiality obligations with respect to information that constitutes a trade secret under applicable law — including the Pennsylvania Uniform Trade Secrets Act — shall survive for as long as such information retains its status as a trade secret, which may be indefinite. The three-year limitation shall not apply to any such trade secret information.

Both parties acknowledge that this approach reflects standard practice in professional services and consulting, balancing the legitimate need to protect sensitive business information with the practical reality that general business information loses its confidential sensitivity over time.

6. No License or Obligation to Engage

Nothing in this Notice shall be construed as granting either party any license, right, or interest in the other party's Confidential Information, intellectual property, or proprietary materials beyond what is expressly stated herein.

This Notice does not obligate either party to enter into any further agreement, business relationship, or engagement. Either party may discontinue pre-engagement discussions at any time without liability, provided that confidentiality obligations with respect to information already disclosed remain in full force and effect.

7. Return or Destruction of Information

Upon request by the disclosing party, or upon the conclusion of pre-engagement discussions without an agreement being reached, the receiving party agrees to promptly return or destroy all tangible materials containing the disclosing party's Confidential Information, including any copies, notes, or summaries thereof. Upon request, the receiving party shall certify in writing that such return or destruction has been completed.

8. Remedies for Breach

Each party acknowledges that a breach or threatened breach of this Notice may cause irreparable harm to the disclosing party for which monetary damages would be an inadequate remedy. Accordingly, the disclosing party shall be entitled to seek equitable relief, including injunction and specific performance, in addition to all other remedies available at law or in equity, without the requirement to post bond or prove actual damages.

Any disputes arising out of or relating to this Notice shall be governed by the laws of the Commonwealth of Pennsylvania and resolved in accordance with the dispute resolution provisions set forth in Balhance's Terms of Service.

9. Acknowledgement of This Notice

By submitting an inquiry, completing a contact form, initiating an email exchange, or scheduling or participating in any call or meeting with Balhance, you acknowledge that you have read and understood this Confidentiality Notice and agree to be bound by its terms on behalf of yourself and, where applicable, your organization.

This Notice is posted publicly at www.findbalhance.com and is incorporated by reference into Balhance's Terms of Service and Privacy Policy. No signature is required for this Notice to be effective — your engagement with Balhance through any channel constitutes acceptance.

10. Contact Us

If you have any questions about this Confidentiality Notice or wish to discuss its terms, please contact us: