Confidentiality

The parties retain confidentiality rights and neither shall disclose confidential information, advice or any material provided by the other to third parties, including written reports or other data (“Confidential information”), without a prior written permission. Confidential information may be disclosed only to a party’s own employees and contractors who need access to this information in connection with using or providing the services. Such persons must be bound by a confidentiality clause identical with the clause in the agreement between the customer and the contractor. Exemptions from the confidentiality clause:

• open-source information or information that becomes open-source without a violation of this agreement between customer and contractor;
• information from third parties without confidentiality obligations before the other party to this agreement;
• information already known to the recipient at its reception under an agreement between the customer and the contractor, with the fact of prior knowledge confirmed in the recipient’s archives;
• information independently created by the recipient without using or accessing Confidential information.

Should either party be mandated to disclose Confidential information for court or police purposes, that party shall, to the extent the law allows, attempt to immediately inform the other party of the event and content of disclosure so that the other party may take measures against disclosure within the limits of the law. Should disclosure be mandated, the party shall disclose only such Confidential information as required by law.

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