Data Confidentiality Agreement
Precision Skin LLC SPC, UAE
The retail outlet and agent accessing the Portal
1. Definition of Confidential Information
For the purposes of this Agreement, "Confidential Information" means all non-public information disclosed through or in connection with the Precision Skin LLC SPC Agent Portal, including but not limited to:
- Client personal data (names, contact details, skin analysis data, photographs)
- AI-generated skin condition scores and personalised formulation data
- Production batch codes, formulation ingredients, and manufacturing processes
- Pricing structures, commission rates, commercial terms, and business strategies
- Portal software, algorithms, and underlying technology
- Any other information marked as confidential or reasonably understood to be confidential given its nature
2. Obligations of the Receiving Party
The agent and their retail outlet agree to:
- Hold all Confidential Information in strict confidence and not disclose it to any third party without prior written consent from Precision Skin LLC SPC
- Use Confidential Information solely for the purpose of managing orders and client relationships through the Portal
- Limit internal access to Confidential Information to those employees and representatives who have a genuine need to know
- Apply at minimum the same standard of care to protect Confidential Information as they apply to their own confidential information, and in no case less than reasonable care
- Promptly notify Precision Skin LLC SPC of any known or suspected breach of confidentiality
3. Client Data & Biometric Information
The agent acknowledges that client data submitted to the Portal — including facial photographs and derived skin analysis scores — is particularly sensitive. The agent agrees to:
- Obtain explicit, informed consent from each client before submitting their data to the Portal
- Inform clients that their photographs will be processed by AI for skin analysis purposes
- Not submit data belonging to minors (under 18 years of age)
- Retain records of client consent and make them available to EXACT upon request
- Honour client requests for data access, rectification, or deletion in a timely manner
4. Formulation, IP & Data Use Restrictions
Personalised formulation data generated through the Portal, including ingredient selections, concentrations, and batch parameters, constitutes proprietary intellectual property of Precision Skin LLC SPC. The agent agrees not to reverse-engineer, reproduce, or share formulation details with any competing manufacturer or supplier.
The agent further agrees that skin analysis data — including AI-generated scores, facial photographs, and any derived insights — must not be used for any purpose other than facilitating the client's personalised skincare order through the EXACT platform. In particular, this data must not be used for third-party profiling, shared with other healthcare or aesthetics providers, used in marketing communications without explicit client consent, or incorporated into any other analytical or diagnostic system.
5. Permitted Disclosures
Confidential Information may be disclosed only where required by applicable law, a court order, or a regulatory authority. In such cases, the agent shall provide EXACT with prompt written notice (where legally permitted) and cooperate to seek appropriate protective measures.
6. Term & Survival
This Agreement takes effect upon first Portal login and remains in force for the duration of the commercial relationship between the retail outlet and Precision Skin LLC SPC and for a period of 5 years thereafter. Obligations with respect to client personal data survive indefinitely or until all such data is deleted.
7. Consequences of Breach
Breach of this Agreement may result in immediate suspension of Portal access, termination of the commercial relationship, and Precision Skin LLC SPC reserving its right to seek injunctive relief and damages without the requirement to prove actual loss.
8. Governing Law
This Agreement is governed by the laws of the United Arab Emirates. Disputes shall be resolved by the courts of Abu Dhabi, UAE.
9. Acceptance
By signing in to the Precision Skin LLC SPC Agent Portal, the agent confirms they have read, understood, and agree to be bound by this Data Confidentiality Agreement on behalf of themselves and the retail outlet they represent.
10. Contact
For queries regarding this Agreement, contact legal@exactcosmetics.com.