- Confidential information in the sense of this provision includes all embodied or oral information and data, such as technical or business data, documents or knowledge as well as samples received by one of the contracting parties in connection with the contract (in particular also an offer created by SERVIVA and handed over to the client before conclusion of the contract) and which have been expressly and identifiably marked as confidential.
- Regarding all confidential information, the contracting parties undertake to – exclusively use it in the context of the performance of this contract, not to make it accessible to third parties or to make it accessible only to those of their employees who need it under this contract and who are obliged to maintain confidentiality to this agreement insofar as they are not subject to a general obligation of confidentiality on the basis of their employment contract;- keep it confidential and to use it with the same care he/she would with his/her own information of similar importance, but at the very least with a fair amount of care.
- The obligation of confidentiality shall not apply to confidential information that is or becomes publicly available without any of the parties being responsible for it, provided that confidential information is not deemed to be publicly available simply because only parts of it are publicly available or become available.
- This obligation also does not apply to confidential information that is to be disclosed on the basis of a binding official or judicial order or mandatory legal provisions, provided that the parties have been informed in writing about the respective disclosure and the parties have previously exhausted all legal possibilities to prevent disclosure.
- For a period of three months following the completion of the contract, the contracting parties may require from each other that confidential information in tangible and/or electronic form and any samples/bids submitted, be returned or destroyed immediately.
The contracting parties undertake to confirm the return or destruction of items in writing within 14 days after receipt of the corresponding request.