1. Any materials or information of the Disclosing Party, whether commercial, financial, technical, technological, legally protected and other, hereinafter referred to as “Confidential Information”, disclosed to the Recipient orally, in writing or in any other way, recorded in any form and in any medium. (including, inter alia, in the form of presentations, drawings, films, documents, in electronic form) in connection with the provision of the vehicle rental service, the Recipient undertakes to:
- Keep confidential;
- Use only for the performance of the Agreement;
- Not to convey or disclose, without the prior written consent of the Disclosing Party, to any person except:
- Recipient’s employees designated to perform the Agreement, who need such information in connection with its implementation, provided that the Confidentiality Obligation has been signed,
- The Recipient’s statutory auditors, as well as any other persons or bodies authorized or required to have access to Confidential Information in connection with the Recipient’s activities,
- Cases where the Recipient is required to disclose such a disclosure by a court or in the event of a statutory obligation to disclose such disclosure, provided that the Recipient will make reasonable efforts to inform the disclosing party in advance in writing before such disclosure is made,
- Third parties engaged by the Recipient to perform the Agreement; then the Recipient is responsible for the disclosure of Confidential Information to third parties. Individuals sign a Confidentiality Statement.
- Ensure (before disclosing Confidential Information) that all persons and bodies referred to in point 3, are aware of the confidential nature of the Disclosing Party’s information and impose a confidentiality obligation on it under the terms of this Agreement;
- Not to use or disseminate Confidential Information as part of its activities, except for using or disseminating only to the extent necessary to achieve the objectives of the Agreement;
- Make appropriate efforts to ensure and maintain appropriate security measures to protect Confidential Information against access and unlawful use by unauthorized persons.
2. The confidentiality obligation referred to in point 1, does not apply:
To any part of Confidential Information in relation to which the Recipient can demonstrate that such information:
- They are or have become publicly known through no fault of the Recipient or;
- Has been lawfully obtained from an independent third party without obligation of confidentiality, or;
- on the date of their disclosure by the Disclosing Party to any third party without restrictions on confidentiality.
3. Any materials containing Confidential Information provided or received from the Disclosing Party, hereinafter referred to as the Materials, including, but not limited to, data recorded on traditional or electronic data carriers, manuals, specifications, operating diagrams, program lists, data printouts, constitute and remain the property of the Party Disclosing and may not be copied in whole or in part without the express consent of the Disclosing Party. All copies of the Materials are the property of the Disclosing Party and must contain appropriate copyright or other copyright notices or notices that appear on the original.
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