This “Privacy Agreement” (hereinafter referred to as the “Agreement”) has been signed on 19.6.2023 between the parties stated below:
________ residing at the address ________ (hereinafter referred to as the “First Party”)
AND
Deco Poli, residing at Mustafa Kemal Paşa Mah. Mutluluk Sk. No:9 A9 Firuz Köy Bulvarı İstanbul / Avcılar (hereinafter referred to as the “Second Party”)
The First Party and the Second Party shall hereinafter be referred to individually as a “Party” and collectively as the “Parties”.
Article 1 – Purpose
This Agreement enters into force on 19.6.2023 and shall remain valid for the following period after the commercial relationship between the parties ends: 6 months.
The relationship between the parties requiring the sharing of Confidential Information is as follows:
Storage of cosmetic products purchased from www.decopoli.com.tr and related purchasing information.
With this Agreement, the parties may share certain Confidential Information belonging to them with each other during all negotiations conducted between them when necessary.
This Agreement has been prepared to determine the method of exchange of confidential information that the Parties may disclose to each other during their negotiations and to determine the rights and obligations regarding the protection of Confidential Information disclosed by one party to the other.
This Agreement does not oblige the Parties to disclose or provide any document and/or information to each other.
Article 2 – Definition and Scope of Confidential Information
A – “Confidential Information” that may be exchanged between the Parties within the purpose stated in Article 1 of this Agreement refers to all information belonging to the Party that owns such information, which constitutes a trade secret and/or is under its ownership; including but not limited to design information, technical information, trade secrets, ideas and inventions, projects, drawings, models, software programs, algorithms, software modules, program source codes, technical specifications, product plans and technologies, software user manuals, marketing information, customer lists, forecasts and evaluations, financial reports, contract provisions, records and all information and materials related to the business of the Party, as well as any products, goods and services related to the Party itself, its shareholders, affiliates, licensed persons, customers and consultants, the methods used to obtain them, trade secrets, any formulas, know-how, patents, inventions, designs, customer lists, budgets, business development, marketing and pricing plans and strategies and similar information.
B – Information disclosed verbally, visually, through samples or models (non-written information) that has a confidentiality nature, and/or confidential information that may be obtained through examination, testing or similar methods of projects, drawings, devices or components provided by the disclosing Party shall also be considered “Confidential Information” and will be treated within the scope of this Agreement.
C – Information disclosed verbally shall be treated as Confidential Information if the Party disclosing the information clearly states at the time of disclosure that such information is confidential. Such information shall be protected and used as Confidential Information.
Article 3 – Information Not Considered Confidential
For the purpose of this Article;
- “Disclosing Party”; the party that discloses Confidential Information to the other party.
- “Receiving Party”; the party that receives Confidential Information belonging to the other party.
The Receiving Party shall not be liable if the Confidential Information:
A – was already known by the Receiving Party at the time it was received and this can be proven with evidence,
B – was independently developed by the personnel of the Receiving Party without knowledge of such Confidential Information,
C – was publicly known at that time or later became public without any fault of the Receiving Party,
D – was lawfully obtained from a third party without violating this Agreement,
E – must be disclosed to the government within the framework of applicable laws, provided that the Disclosing Party is informed in writing in advance,
F – has been approved for publication or use with the written permission of the Disclosing Party.