- Terms and definitions.
Parties – the Administration and any User registered in the Application.
Disclosing Party (disclosing) – a Party that provides the other Party with access to Confidential Information that it owns, including by transferring Confidential Information both on a tangible medium and on any electronic media or transmitted via the Internet, and/or making a claim to the other Party on confidentiality of information contained in the materials developed by the other Party or transferred to the other Party in the course of the execution of the contract concluded by the Parties or in the course of negotiating the conclusion of the contract.
Receiving Party (receiving) – the Party receiving from the other Party access to Confidential Information owned by the Disclosing Party.
Confidential information – information recognized as confidential in accordance with the legislation of the Russian Federation, local regulations of the Disclosing Party, with which the Receiving Party is familiar, other information in respect of which the Disclosing Party has declared a requirement to maintain its confidentiality, including information specified as confidential in agreements between the Parties, including information constituting a commercial secret and information related to personal data.
Confidentiality of information is a mandatory requirement for a person who has gained access to certain information not to transfer such information to third parties without the prior written consent of its owner.
Information carriers are material objects in which information constituting Confidential Information is displayed in the form of symbols, technical solutions and processes.
Transfer of Confidential Information – transfer of information recorded as confidential, both on a tangible medium and on any electronic media, or transmitted via the Internet, by the Disclosing Party to the Receiving Party or by the Receiving Party to third parties with the consent of the Disclosing Party, as well as with the consent of other persons (if obtaining their consent is provided) or on other legal grounds, provided that the confidentiality of information is maintained.
Disclosure of Confidential Information – an action or inaction, as a result of which Confidential Information in any possible form (oral, written, other form, including using technical means) becomes known to third parties without the consent of the Disclosing Party, as well as the consent of other persons (if receiving their consent is provided).
- General Provisions.
1.1. The Parties agree to consider the entire amount of information provided to each other as part of the interaction when installing the Application, registering the User, gaining access to the Service and using its functionality as confidential information (to the extent permitted by the current legislation of the Russian Federation – a trade secret).
1.2. Within the framework of this Policy, each of the parties, depending on whether it discloses or receives confidential information, may act both as the Receiving Party and as the Disclosing Party.
1.3. The provisions of this Policy apply to the Confidential Information of the Party, regardless of the type of medium on which it is recorded.
1.4. The information, access to which is provided to the Receiving Party without transferring a material medium, and contained in the information resources used by the Disclosing Party, including the Application Service, access to which is provided to the Receiving Party without transferring a material medium using the Internet, is in any case the Confidential Information of the Disclosing Party , without additional instructions (requirements) to maintain its confidentiality.
1.5. Through communication channels, access to the Confidential Information of the Disclosing Party is subject to the availability of secure information transmission channels for the Receiving Party.
1.6. The transfer and processing of confidential information related to personal data is carried out in accordance with the requirements of the Constitution of the Russian Federation, Federal Law of the Russian Federation of July 27, 2006 No. 152-FZ “On Personal data”, this Policy, the Rules for the processing of personal data. Users, by joining this Policy, guarantee compliance with the requirements of the current legislation in terms of information protection.
2.1. Each party that receives confidential information (the Receiving Party) from another party (the Disclosing Party) shall not disclose confidential information to anyone without the express permission of the Disclosing Party and must take all reasonable steps to protect that information, including but not limited to which it accepts to protect its own confidential information/trade secrets.
It is not a disclosure to provide confidential information to third parties if the Disclosing Party has the written consent of the other Party to disclose it.
- are or become publicly known through no fault of the Receiving Party (subject to confirmation by relevant evidence);
- received by the parties from third parties and publicly available sources of information, including, but not limited to, on the Internet, without an obligation to maintain confidentiality;
- the party is obliged to disclose in accordance with the requirements of the current legislation. Such information can be provided only to the authorities with the necessary powers, in the manner prescribed by applicable law.
2.3. The Administration takes technical, organizational and legal measures in order to ensure the protection of information that the parties provide (transfer, disclose) to each other in the course of cooperation to provide access to the Service, and the User’s personal data from unauthorized or accidental access to them, destruction, modification, blocking , copying, distribution, as well as from other illegal actions, through internal checks of data collection, storage and processing processes and security measures, as well as the implementation of measures to ensure the physical security of data to prevent unauthorized access to information and personal data.
2.4. The Administration has the right to aggregate, systematize and analyze information received from the User, including confidential information, in order to create information and analytical reports of various kinds and databases, while the Administration guarantees the non-distribution and safety of confidential information contained in reports and databases in accordance with the Rules and current legislation. The Administration is the owner of exclusive rights to such information and analytical reports and databases as objects of intellectual property.
2.5. The receiving party undertakes:
- use the disclosed information solely for the purpose of implementing the interaction of the parties in order to use the Application and provide access to the Service;
- limit the list of persons having access to confidential information exclusively to their employees directly involved in the interaction in the implementation of the Rules.
2.6. The Receiving Party undertakes to maintain confidentiality in relation to the Confidential Information of the Disclosing Party, including not to allow its disclosure and not to use it to the detriment of the Disclosing Party, and to provide special measures for the protection and use of the Confidential Information of the Disclosing Party, while the level of protection of the Confidential Information of the Disclosing Party should not be lower than for the protection of the Receiving Party’s own confidential information.
The Receiving Party has the right to independently determine how to protect the Confidential Information of the Disclosing Party.
- Responsibility. Dispute resolution.
3.1. For each violation of the obligations stipulated by the Policy, the Receiving Party undertakes to compensate the other party for the documented real damage in full, resulting from such a violation.
3.2. Disputes and disagreements between the Parties related to the application and / or use of this Policy, the Parties will try to resolve through negotiations. If an agreement is not reached, disputes are subject to consideration in court, in the manner prescribed by the current legislation of the Russian Federation.
3.3. When resolving disputes, the Parties apply the rules of the law of the Russian Federation.
- Validity. Other provisions.
4.1. The Policy comes into force and becomes binding on the Parties from the moment the User accepts the Rules for using the Application Service posted on the RuGBC.org website at: https://rugbc.org/ (joining the Rules).
In case of disagreement with the terms of the Policy, the User undertakes to stop using the Service.
4.2. Termination by the User of the use of the Application Service does not release the Receiving Party from fulfilling the obligations assumed in accordance with this Policy during the period of using the Application Service with respect to the Confidential Information of the Disclosing Party transferred to the Receiving Party not until the termination of this Policy, and also does not relieve from liability established by the legislation of the Russian Federation and this Policy.
4.3. The obligations established by the Policy regarding the protection of confidential information are valid for 3 (three) years from the date of transfer of confidential information.
Non-profit organization “Association for the Promotion of the Creation of Norms and Rules of “Environmental Construction”” (“Association “Ekostroy””)
Legal address: 125371, Moscow, Volokolamskoe sh., 116 k.1, kv.325
TIN 2635103732 PSRN 1072600002420
Tel: +7 495 308-37-03