CONFIDENTIALITY & DATA PROTECTION Clause Samples

CONFIDENTIALITY & DATA PROTECTION. 14.1 The parties shall use any documents, know-how, data or other information provided by the other party ("Information") exclusively for the purpose of this Contract and keep the same confidential subject to the following. The parties may disclose Information to employees of the receiving party and to third parties who reasonably need to know such Information for the purpose of the Contract provided such employees and third parties are bound by equivalent confidentiality obligations. The party disclosing Information shall be held liable for a breach of such obligations by its employees or a third party. 14.2 This confidentiality obligation shall not apply to Information which a) is or becomes part of the public domain other than by fault of the receiving party; b) is disclosed to the receiving party in good faith by a third party who is entitled to make such disclosure; c) is developed independently by the receiving party without reliance on Information; d) was known to the receiving party prior to its disclosure by the other party; or e) is required to be disclosed by law (subject to the receiving party’s obligation to notify the disclosing party in a timely manner of such requirement). 14.3 The Customer shall only be entitled to take photographs or videos or to otherwise record the performance of the Services with Siemens’ prior consent. In addition, only personnel of the Customer who operate the plant shall be entitled to be present during the carrying out of the Services by Siemens. 14.4 This confidentiality obligation shall survive the expiration or termination of this Contract for 5 years. 14.5 Siemens and the Customer shall comply with the statutory provisions relating to protection of personal data. The Customer is obliged to create the prerequisites required by law (e.g. to obtain declaration of consents) to enable Siemens to perform the Services without any breach of law. The Customer is advised to take appropriate measures – as far as possible – to prevent access of Siemens to personal data or trade secrets of the Customer while providing the Services. In the event that it cannot be prevented that Siemens is granted access to personal data of the Customer, the Customer is obliged to inform Siemens in due time before the Services are performed. The Customer and Siemens shall then agree on the actions to be taken.

CONFIDENTIALITY & DATA PROTECTION. The terms and conditions of this Agreement are confidential and may not be disclosed to or discussed with anyone except as permitted. inspection of tangible objects, on office or site visits, or by any other means and whether directly or indirectly) whether before or after the date of this Agreement. Confidential Information may include “Proprietary information” as defined from now on. Each party shall honor the confidentiality and data protection of the other party’s “Confidential Information” and shall not disclose such information to any third party without the prior written consent of the confiding party. Neither party shall disclose any of the terms of this Agreement to assigned remote staff or any of other employees or affiliates, except the appointed Account Manager and person signing this Agreement on our behalf. To protect the Confidential Information, both the parties now agree and undertake to keep secret and treat as confidential all Confidential Information described above. Neither party shall use any Confidential Information at any time, either during this Agreement or after the termination of the Agreement, for any purpose other than in the ordinary course of business and furtherance of the confiding party’s interest. We may not be permitted to use your name as our client in any marketing literature, brochures, or for any private reference unless you permit it.

CONFIDENTIALITY & DATA PROTECTION. 8.1 Supplier shall keep in confidence all commercial, technical, financial and other confidential information provided by Huntsman (“Confidential Information”). During the term of the Purchase Agreement and for a period of three (3) year thereafter, Supplier shall not disclose Confidential Information to any third party or use such Confidential Information for any other purpose than the performance of its obligations under the Purchase Agreement. Additional terms contained in any applicable confidentiality or non-disclosure agreement entered into between Supplier and Huntsman shall also be applied to the exchange of information under the Purchase Agreement. 8.2 Supplier undertakes to impose the same obligations on any employees and third parties which obtain Confidential Information as required for the performance of the Purchase Agreement and warranties that such employees and third parties will comply with such obligations. 8.3 Supplier shall not be entitled to use Huntsman as a reference for marketing or commercial purposes without the prior written consent of Huntsman. 8.4 Each party shall comply with applicable Data Protection Legislation when Processing Personal Data in the course of performing its obligations under the Purchase Agreement and these General Purchasing Terms and Conditions. 8.5 If and to the extent that Supplier Processes Personal Data as a Data Processor on behalf of Huntsman, and a data transfer agreement that complies with the EU GDPR does not exist, these terms shall apply and the Parties agree to comply with such terms. The Parties agree that Supplier as Processor a) must act only on the written instructions of Huntsman unless required by law to act without such instructions; b) must ensure that employees Processing the Personal Data have committed themselves to confidentiality; c) must take appropriate measures to ensure the security of the Processing, which includes as appropriate, the pseudonymization and encryption of Personal Data, the ability to ensure the ongoing confidentiality, integrity, availability and resilience of Processing systems and services, the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident, a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the Processing; d) only engage sub-processors with the prior consent of Huntsman and under a w...

CONFIDENTIALITY & DATA PROTECTION. 19.1 Subject to the disclosure requirements of any Laws, nothing in this Agreement shall oblige a Party or a Post Holder to disclose information where such disclosure would be in breach of: 19.1.1 any contract; and/or 19.1.2 any other relevant and applicable internal or external policies or codes of conduct in relation to a confidentiality and disclosure of information 19.2 Each Party agrees at all times during the continuance of this Agreement and after its termination to keep confidential all information or data that it receives or otherwise acquires in connection with the other Parties and which by its nature is confidential or which has reasonably been marked with such words signifying that it should not be disclosed, except where: 19.2.1 the disclosure is made in connection with the Dispute Resolution Procedure or any litigation between the Parties; 19.2.2 the disclosure is required to comply with Law (including the FOIA); 19.2.3 the disclosure is made to a Party’s professional advisors who owe a similar obligation of confidentiality; or 19.2.4 the information was in the possession of the Party without obligation of confidentiality or was in the public domain (otherwise than by breach of this Agreement) before receiving it from the other Party. 19.2.5 The Employing Party shall take reasonable steps to procure that staff who process any Personal Data or Sensitive Personal Data in accordance with or in the course of this Agreement, and 19.2.6 the Non-Employing Party shall take reasonable steps to procure that Post Holders who, while undertaking S113 Duties, process any Personal Data or Sensitive Personal Data in accordance with or in the course of this Agreement, to do so in accordance with the provisions and principles of the 1998 Act and any other relevant data protection legislation and guidance (including but not limited to the Employment Practices Data Protection Code).

CONFIDENTIALITY & DATA PROTECTION. The terms and conditions of this Agreement are confidential and may not be disclosed to or discussed with anyone except as permitted. Each party shall honor the confidentiality and data protection of the other party’s “Confidential Information” and shall not disclose such information to any third party without the prior written consent of the confiding party. Neither party shall disclose any of the terms of this Agreement to assigned remote staff or any of other employees or affiliates, except the appointed Account Manager and person signing this Agreement on our behalf. To protect the Confidential Information, both the parties now agree and undertake to keep secret and treat as confidential all Confidential Information described above. Neither party shall use any Confidential Information at any time, either during this Agreement or after the termination of the Agreement, for any purpose other than in the ordinary course of business and furtherance of the confiding party’s interest. We may not be permitted to use your name as our client in any marketing literature, brochures, or for any private reference unless you permit it.

CONFIDENTIALITY & DATA PROTECTION. (1) The Parties agree to keep secret and secure against unauthorized access, both during and after the duration of the Connection Agreement, any information to which they have been granted access to within the context of the cooperation by the respective other Party, its affiliated companies, advisors or by other third parties acting on its behalf, or of which they have gained knowledge within the context of the cooperation. (2) Each Party shall also impose the obligations to maintain secrecy which such Party has agreed to on all persons or companies which have been entrusted with the provision of services on the basis of the Connection Agreement. The Parties are entitled to disclose the information to affiliated companies within the meaning of § 15 AktG (Aktiengesetz; German Stock Corporation Act) as well as to their service providers to the extent such disclosure is necessary for business operations and that the recipients of such information are obligated to keep such information strictly confidential. Each Party is entitled to disclose information to third parties, in particular to public bodies, to the extent such disclosure is required due to applicable law or acts of authorities. The respective other Party is to be provided with advance notification of such disclosure in writing; in case such notification is prohibited by law, notification shall be provided immediately upon such prohibition becoming ineffective. (3) Any information (i) which is publicly available and which was already known to the receiving Party at the time of receipt or which was subsequently published by the disclosing Party, or (ii) which was developed independently and autonomously by the receiving Party without knowledge or use of equivalent information of the respectively other Party, or (iii) which was disclosed to the receiving Party by a third party which, to the best of the knowledge of the receiving Party, is authorized to disclose such information and which is not subject to an obligation to maintain secrecy, is exempt from the obligation to maintain secrecy. Only companies affiliated with Eurex Clearing pursuant to § 15 AktG are entitled to record, process and use such information (a) to the extent such affiliated companies are obligated to keep such information secret, and (b) to the extent such recording, processing and use takes place in order to execute the Connection Agreement, in order to analyse or improve the quality of their service or their service portfolio ...

CONFIDENTIALITY & DATA PROTECTION. 7.1 The Business shall inform the RSC at the time of submission of the Business Application if any information submitted to the RSC is confidential and subject to a duty of confidentiality between the organisations. Where appropriate, the Business should clearly identify the relevant parts of information that are to be treated as confidential. In the event that the Business does not inform the RSC of the confidential nature of information supplied, the RSC shall be under no duty or obligation to keep such information confidential. 7.2 The RSC is registered with the Information Commissioners Office. The RSC collects, stores and processes personal data in accordance with Data Protection Legislation. Further information on how the RSC does this can be found in our Data Privacy and Data Retention policies, here: ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/help-legal/legal/privacy/ 7.3 Terminology or reference to terms such as Data Controller, Personal Data, Data Processor, consent, collecting, storing, processing, transferring and sharing shall have the meaning(s) given by the Data Protection Legislation. 7.4 The Business, as the Data Controller, shall ensure that prior to any transfer or sharing of Personal Data as part of any Internship Placement, they have a legitimate reason for collecting, storing, processing, transferring or sharing that Personal Data, which may include obtaining the express consent of any individual involved (including the Intern). The Business shall ensure that the volume or extent of Personal Data involved in any such transfer or share is minimised in so far as is reasonably possible (such as removing all personal data save for the Intern’s name, for example). The Business shall ensure that it complies with the requirements of Data Protection Legislation in all respects with regard to the collection, storage, processing, transfer or sharing of such Personal Data. The Business shall be responsible for ensuring compliance of its employees, agents, subcontractors or third parties acting on its behalf, with its obligations under these Terms and Conditions. 7.5 The RSC may act as a Data Processor on behalf of the Business with regard to any Personal Data provided for the purpose of the Internship Grant. The RSC will comply with the requirements of Data Protection Legislation in storing and processing that Personal Data in this respect. 7.6 Any information (including the Business Application for the Internship Grant), Personal Data of the Intern and any contract of...

CONFIDENTIALITY & DATA PROTECTION. 1Non-use and Nondisclosure. Dalmore will not use or otherwise process any Confidential Information for any purpose except to perform Services in accordance with the Services Agreement. Dalmore will not disclose any Confidential Information to third parties or to employees of Dalmore, except to Authorized Users or, subject to this Section 3.1, as required by applicable law, rule or regulation, legal process or by any judicial, regulatory or governmental order or request or as otherwise requested by any governmental agency, regulatory authority (including, any self-regulatory organization). Dalmore may disclose Confidential Information under the preceding sentence solely to the extent required by law, rule or regulation if ▇▇▇▇▇▇▇, to the extent practicable and legally permitted, gives Rally prompt written notice of the requirement prior to the disclosure, and assistance in obtaining an order protecting the Confidential Information from public disclosure. Notwithstanding the foregoing, the parties acknowledge and agree that ▇▇▇▇▇▇▇ shall be permitted to comply with general regulatory requests not focused on the subject matter of this Agreement, the Services Agreement, or the relationship of Dalmore and Rally under those agreements from a governmental or regulatory authority (e.g., FTC, DOJ, SEC, FINRA) having the authority to regulate or oversee any aspect of ▇▇▇▇▇▇▇’s business if Dalmore makes reasonable efforts to limit disclosure of Confidential Information, and provides prompt written notice to Rally following such disclosure, including reasonable details regarding the recipient’s request and the Confidential Information disclosed.

CONFIDENTIALITY & DATA PROTECTION. 4. The full list of Annexes to this Contract is the following: 5. The Annexes to this Contract are binding and form an integral part of the Subsidy Contract.