By entering into this Agreement, you agree to the privacy policy, which establishes how information about you is collected, how it is used and disclosed NGO UNIQUE PLANET (hereinafter also referred to as the “Company”) when you visit a set of web pages accessed using the domain name (address): uniqueplanet.org (hereinafter – the Site).
Hereby, you also give your consent to the processing of your personal data and confirm that you have been notified of the procedure and purpose, as well as other conditions of data processing following Articles 6, 8, 10, and 11 of the Law of Ukraine “On Protection of Personal Data”
You hereby confirm that you have sufficient legal capacity under the laws of your country to consent to this privacy policy and consent to the processing of your data under the conditions set forth herein. In case you don’t have such legal capacity, you hereby confirm that consent to these rules has been given by your parent or guardian who has full legal capacity and is authorized under the laws of your jurisdiction to give such consent.
We may change this Privacy Policy from time to time. If we make any changes, we will notify you by updating the date at the top of the policy. We encourage you to review the privacy policy when you access the Site to stay informed about our information practices and ways you can help protect your privacy.
You and the NGO UNIQUE PLANET, collectively referred to as the “Parties” and separately as the “Party”, have entered into this Agreement on the protection of confidential information regarding the following:
- Definition of confidential information.
1.1. Confidential Information is information including, but not limited to:
1.1.1. the information one of the Parties receives from the other Party based on civil law, contracts, during the provision of consultations, as a result of the performance of actions related to the establishment of contractual relations, fulfillment of contracts, or other obligations between the Parties, and ongoing cooperation;
1.1.2. the information which belongs to or is in the possession of the Party providing it and is designated as Confidential;
1.1.3. which is not known to the other Party at the time of providing such information;
1.1.4. Information about third parties received by Party 2 as a result of providing consultations, including but not limited to personal data of third parties.
1.1.5. Personal data of third parties was obtained by Party 2 as a result of economic activity.
1.1.6. Commercial secrets also include all other information not listed in this list but which is secret, unknown as a whole, or partially, which is not easily accessible to persons who normally deal with the akin type of information.
1.2. The parties have agreed that the specified confidential information may be provided orally, in writing, electronically, or in any other form.
1.3. Confidential information is subject to the legal regime of commercial secrecy per the Civil Code of Ukraine and other legislation, except for the information that, following the Resolution of the Cabinet of Ministers of Ukraine dated August 9, 1993 No. 661 “On the list of information that does not constitute a commercial secret” and other legislation of Ukraine, is not a trade secret.
1.4. Obligations to comply with the legal regime of Confidential Information per this Agreement do not apply to information:
1.4.1. which at the time of its provision by one of the Parties is public (generally known to an unlimited circle of persons);
1.4.2. which, after its provision by one of the Parties, becomes public for a reason other than violation of the obligations outlined in this Agreement;
1.4.3. which was lawfully in the possession of one of the Parties before it was provided by the other Party;
1.4.4. which is received by one Party about another Party from a third party that is legally authorized to provide it, provided that the Party receiving such information is not bound by the obligation to maintain the confidentiality of the relevant information with the source of its origin;
1.4.5. which is permitted to be distributed under the written permission (consent) of the Party providing such information;
1.4.6. which became known to one of the Parties about the other Party before the conclusion of this Agreement from other sources;
1.4.7. which according to the current legislation cannot be considered confidential.
1.5. If the Party receives a legitimate and reasoned request from any authority authorized by law to require the provision of Confidential Information about another Party, the Party that received the request shall provide the relevant information to the requesting authority in the part and volume that corresponds to the request, excluding personal data of third parties. Such information does not lose its confidential status.
1.6. Disclosure of a commercial secret – the introduction of a commercial secret by the Counterparty to another person or third parties without the written consent of the Party, in particular (but not exclusively) by: communicating the commercial secret to the Party’s competitors (their employees), providing it to other persons
for viewing documents containing commercial secrets, creating conditions that enable third parties to familiarize themselves with information constituting commercial secrets, and reporting information containing commercial secrets in mass media.
Disclosure of commercial secrets can take place both orally and in writing.
- Subject of the Agreement
2.1. The subject of the Agreement is the mutual rights and obligations of the Parties regarding the transfer, storage, use, protection, and procedure for disclosure of Confidential Information.
2.2. This Agreement defines uniform requirements for the protection of Confidential Information and extends its effect to all agreements concluded by the Parties with each other during the term of this Agreement and within a year after the expiration of such Agreements
2.3. All rights to any Confidential Information, including intellectual property rights, are reserved by the Parties. By transferring Confidential Information to another Party, the Party thereby does not grant the other Party any rights to any patents, copyrights, trademarks for goods and services, or commercial and medicinal secrets.
Without limitation, the Party reserves the right to protect its rights to such patents, copyrights, marks for goods and services, or trade secrets.
- Obligations to protect the confidentiality of information
3.1. The Party undertakes to comply with the requirements for the storage, protection, and disclosure of Confidential Information received from the other Party, per the conditions specified in this Agreement.
3.2. The Party agrees that the Confidential Information received by it from the other Party shall be subject to the terms of confidentiality, and such confidential information shall not be sold, exchanged, published, or otherwise disclosed in any way, except for the cases provided for in this Agreement and the law of Ukraine.
3.3. The party is obliged to take all measures to ensure the prevention
of unauthorized use or disclosure of confidential information to third parties. The Party has the right to disclose or transfer confidential information to third parties only after receiving the written consent of the Party, except for the cases provided for in clauses 4.1, 4.2 of this Agreement.
3.4. The Party is obliged to apply measures to protect the Confidential Information received from the other Party, to the same extent as it applies concerning its own Confidential Information.
3.5. The Party is obliged to use the Confidential Information received from the other Party only for the purpose for which it was provided.
3.6. The Party is obliged to immediately (within no more than 24 hours), after receiving a written request from the other Party, return or remove from the database to the Party that made the request, Confidential Information that is defined as Confidential Information in any way.
- Special conditions
4.1. The Party is released from responsibility for the disclosure of confidential information if such disclosure was made per the terms of this Agreement or at the request of authorities that have the right to demand the disclosure of Confidential Information following the current legislation of Ukraine. Disclosure of Confidential Information must be carried out exclusively within the framework of properly executed written requests and/or regulatory acts, based on which the disclosure takes place.
4.2. The company is released from responsibility for the disclosure of confidential information if it concludes that there is a threat to the health and life of a Party and/or third parties.
4.3. Confidential information subject to disclosure in the cases provided for in paragraph 4.1. of this Agreement, is disclosed (transferred) to the extent specified in the corresponding written permission of the other Party or the request of the relevant state body.
4.4. In such a case, the Party that provided the answer under clause 4.1. of this Agreement, is obliged to provide a copy of such answer to the other Party within 3 (three) working days.
- Violation of the rules for the protection of confidential information
5.1. If the Party reasonably believes that there is a threat of disclosure of confidential information contrary to the requirements of this Agreement, or such disclosure has occurred, the Party shall, in writing, within 3 (three) working days from the moment of establishing the existence of a threat or the fact of disclosure, inform the other Party about it.
5.2. The Party, as a result of non-fulfillment or improper performance of its obligations under this Agreement, caused damage to the other Party, must compensate the other Party for documented damages caused by such non-fulfillment or improper performance in full.
- Dispute resolution procedure
6.1. All disputes and disagreements that may arise between the parties from the terms of this Agreement or in connection with it (when it is concluded, executed, changed, terminated, terminated, recognized as not concluded, recognized as invalid, etc.) are subject to resolution in economic courts of Ukraine if no prior agreement has been reached through negotiations.
- Circumstances of force majeure
7.1. The parties are released from responsibility for partial or complete non-fulfillment of obligations under this Agreement if such non-fulfillment is the result of force majeure. Appropriate proof of force majeure is a certificate from the Chamber of Commerce and Industry or other competent institutions if the normative documents regulating their activities provide the right to issue such certificates.
7.2. Circumstances of force majeure include all circumstances that arose after the signing of this Agreement, could not be foreseen, and are beyond the control of the Parties. These include natural disasters, wars, hostilities, fires, acts of terrorism, and regulatory acts of legislative and/or executive authorities aimed at prohibiting actions that make the performance of the Agreement impossible.
7.3. In the event of force majeure, the affected Party must notify the other Party in writing within three working days from the date of their occurrence.
- Other conditions
8.1. All changes and additions to this Agreement shall be made in writing and signed by authorized representatives of the Parties.
8.2. The parties may not transfer their rights and obligations under this Agreement to third parties.
8.3. In case of termination of any Party through reorganization, the rights and obligations under the Agreement shall pass to the respective legal successor.
8.4. If any provision of this Agreement is declared invalid or loses its validity, this will not affect the validity of other provisions of the Agreement.
8.5. The parties are responsible for the correctness of the details specified by them in this Agreement. The parties will notify each other in writing of a change in their details within five days from the date of making the relevant changes, and in the event of failure to notify, the Party that violated such an obligation bears the risk of the related adverse consequences.
8.6. The Party is obliged to fulfill its obligations regarding the protection of the Confidential information provided by this Agreement during the term of the Agreement, as well as within a year from the termination of the Agreement for any reason.
- Feedback
9.1. You can contact the administration of the uniqueplanet.org site with any questions at admin@uniqueplanet.org, uniqueplanet.org, by phone, or by using the contact form on this website.
9.2. If you do not sign this Agreement, by placing your consent on the website page, we will be forced to refuse you the services specified on the uniqueplanet.org website.
