The Partner undertakes to maintain the strictest confidentiality of the content of this instrument, as well as all Confidential Information received as a result of the provision of services contracted by the Platform, except as authorized, in writing, by the Party owning the information.
For this instrument, "Confidential Information" is all that information, elements, documents, and data, verbal, written, and/or recorded by any means, including electronic, that may be exchanged between the Partner and the Client as a result of a Project contracted in the Platform environment, which are not public knowledge, including, but not limited to, those relating to investigations, inventions, formulas, recipes, industrial processes, know-how, systems, accounting, engineering, corporate relations, market research, industrialization, commercialization, sale and launch of products, administration, and management of the business company, whether this information is identified as “confidential” or not.
The definition of Confidential Information excludes information that:
(i) Are publicly known or becomes publicly known by any means other than by disclosure by the Party receiving the Confidential Information;
(ii) Were already known to the public or the Partner before the execution of this instrument;
(iii) Become available to the general public, through the act of a duly authorized third party, provided that this third party is not violating any confidentiality obligation established by doing so;
(iv) Become available to the general public as a result of the provision of the Services, provided that such disclosure is restricted to the Project and the Client has previously authorized it.
Upon the Client's request, the Partner shall destroy, in a proof manner, all material, document, or electronic means that contain Confidential Information, provided and used for the execution of the Project contracted in the Platform environment, including any electronic information in a computer program or database.
Whenever the Partner receives a request, notification, summon, or interpellation from a public agent, administrative and/or judicial body and/or any third party, involving a request for information, data, documents, testimony in judicial or administrative proceedings, s regarding the information shared by the Client, Partner shall immediately inform the Client and await instructions before fulfilling any request.
The disclosure of "press releases" (notes/communication to the media) constitutes a violation of this Section unless previously and expressly approved in writing by the Client.
Likewise, any reference by either Party to the name of the other of its subsidiaries, parent companies or affiliates, its divisions, products, and/or respective brands in any means of communication or material support is prohibited, under penalty of trademark infringement.