Confidentiality Agreement

Green Energy Lab
Last update: November 26, 2018

Contact
Forschungsinitiative Green Energy Lab
QBC 4 – Am Belvedere 4
1100 Wien
E: welcome@greenenergylab.at
W: www.greenenergylab.at
ZVR (Central Register of Associations): no. 1125336735

The association Green Energy Lab research initiative takes the protection of your personal data very seriously. For this reason, we want to inform the users of our internet offers about which data will be stored and how this data shall be used.

1 Preamble

Within the framework of Green Energy Lab as a flagship region, several partners are working together to develop and demonstrate user-oriented solutions for the integrated energy systems of the future. The association “Green Energy Lab Research Initiative” is responsible for co-ordinating this co-operation (hereinafter referred to as the “Association”).

Within the scope of this network co-ordination, members of the Innovator Circle (hereinafter referred to as “IC members”) provide the association with confidential information so that the association can contribute to the realization of the flagship region in accordance with its purpose. The Innovator Circle is first and foremost open to all contractual partners of the networking co-ordination; in addition, the Innovator Circle is also open to interested external parties, provided that, upon their application, the interested parties have been chosen to be registered by the association. The final decision about a positive registration is made by the board of the association. Members of the Innovator Circle participate in generating project ideas and can propose project ideas to be evaluated by the Steering Group. The association declares to the IC members that it will keep any such information confidential in accordance with this document. This confidentiality agreement will be binding upon its publication date on the homepage of the association and will be observed by the association from this day on. If a contractual confidentiality obligation already exists between the association and an IC member, this shall take precedence over this declaration.

2 Confidential Information

Confidential information in the sense of the meaning of this confidentiality agreement is all documents, specifications, data, calculations, drafts, plans, drawings, knowledge, and know-how of a physical or immaterial nature, in written, oral, or electronic form, which are disclosed or otherwise made accessible to the association in connection with the network co-ordination by one or more contracting parties in any manner whatsoever (hereinafter referred to as “Information”).

3 Agreement to Maintain Secrecy

3.1 The association declares that it will treat all information brought to its attention by an IC member as business and company secrets entrusted to it and will not make it accessible to third parties. No other rights of any kind whatsoever are acquired through this declaration; moreover, no guarantee or liability is assumed with regards to the information provided. The present agreement of secrecy and non-disclosure does not apply if it can be proved that

  1. confidential information of an IC member was already generally known prior to the application of this confidentiality agreement, or
  1. confidential information of an IC member is disclosed by a third party after publication of this confidentiality agreement, but without any connection to this agreement, or
  2. confidential information becomes known to an IC member through his own work or other activities without it being based on confidential information from other parties to the contract; or
  3. the (individual) IC members agree in writing that certain information will not be subject to secrecy and confidentiality, or
  4. there is a binding legal, official, or judicial order to pass on the confidential information.

3.2 The association shall exercise the same care in keeping the information entrusted to it confidential as it does in keeping its own business secrets.

4 Transfer and Return

4.1 It is agreed between the association and IC members that information is provided exclusively for the purpose of the network co-ordination as stated in the preamble, and that the association shall use the information provided only for these purposes. The association shall also make information available only to those persons who need it for the intended purposes in accordance with the preamble and shall oblige such persons in writing to keep it secret. If the association has passed on such information in accordance with the present confidentiality declaration and therefore a written confidentiality agreement does exist with regards to the recipient, the association is not liable to the IC member from whom the association has received the information if the recipient violates his confidentiality obligation. In such cases, the IC member from whom the association has received the information shall turn to the recipient to be indemnified and held harmless.

4.2 Copies of the information provided will only be made to the extent that this is reasonably necessary in order to achieve the purposes of the association or the purposes of the network co-operation; in case of doubt, the association will request the consent of the IC member from whom the association has received the information.

4.3 All information provided or otherwise made available and all copies thereof must be returned to the IC member immediately upon written request by the IC member or, if the IC member so wishes, must be destroyed. Information stored on data carriers must be reliably and permanently deleted at the request of the IC member from whom the association has received the information.

5 Intellectual Property

The association does not acquire any property rights or exploitation rights regarding the information, nor does it obtain any permits whatsoever to use this information. All copyrights, intellectual property rights, industrial property rights, and know-how remain with the IC member from whom the association has received the information.

6 Duration of the Declaration

This confidentiality agreement shall be binding upon publication on the homepage of the association and shall be observed by the association from this date on until the end of the network co-ordination; however, irrespective of this and with regards to specific confidential information, the confidentiality agreement shall be valid for five years after transfer of the information by the IC member to the association, irrespective the validity of the network co-ordination and irrespective the validity of membership of the IC member within the Innovator Circle.