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.”
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 the related purchasing information.
With this Agreement, the Parties may share certain Confidential Information belonging to them during all negotiations that may be conducted between the parties if necessary.
This Agreement has been prepared to determine the exchange procedure 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.
A – Within the scope of the purpose stated in Article 1 of this Agreement, “Confidential Information” that may be exchanged between the Parties refers to all information belonging to the Party owning 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, 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 Party’s business.
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 as “Confidential Information” within the scope of this Agreement.
C – Information disclosed verbally shall be treated as Confidential Information if the disclosing Party clearly states at the time of disclosure that the information is 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 by evidence,
B – Was independently developed by the Receiving Party’s personnel without knowledge of such Confidential Information,
C – Was publicly known at the time or later became publicly known without any fault of the Receiving Party,
D – Was lawfully obtained from a third party without violating this Agreement,
E – Must be disclosed to government authorities in accordance with applicable laws,
F – Has been approved for disclosure by written permission of the Disclosing Party.
The Receiving Party agrees and undertakes to comply with the following provisions regarding the protection and use of Confidential Information during the term of this Agreement and for the specified period after the termination of the relationship requiring the disclosure of Confidential Information:
A – To use the Confidential Information only for the purpose for which it was provided,
B – To disclose the Confidential Information only to its personnel on a “need to know” basis,
C – To protect the Confidential Information with at least the same degree of care as it protects its own confidential information,
D – Not to disclose the Confidential Information to third parties without written approval of the Disclosing Party,
E – Not to copy or reproduce the Confidential Information except when necessary for the purpose of this Agreement,
F – To ensure that subcontractors or third parties receiving the Confidential Information comply with the same confidentiality obligations.