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Confidentiality agreement

The company ООО «GIGALAB», registered at 140160, Uzbekistan, Samarkand, S. Bukhoriy St. 15/15, publishes this proposal, which constitutes a public agreement (an offer) addressed to legal entities and individuals (hereinafter — the Agreement); full and unconditional acceptance of its terms is deemed to be following the link stated in the electronic message received during the registration procedure, in order to activate the managing account in the “WORKPAN” service located at https://workpan.com/ (hereinafter — the Service).

1. Subject of the agreement

1.1. The subject of this Agreement is the definition of the rights and obligations of the Parties arising from the use of the Service with regard to the Confidential Information disclosed by either Party to the other Party in connection with the parties’ performance of their obligations to provide and use the services of the Service, and also with regard to the processing of Personal information, including, among other things, the collection, use, storage and security of information provided by the Parties and/or collected from the Parties.

1.2. The Party transferring Confidential Information is the Disclosing Party. The Party receiving Confidential Information is the Receiving Party.

1.3. Each of the Parties understands and acknowledges that the Confidential Information was developed or obtained by the Parties through a significant investment of effort, and that the Confidential Information is a valuable and unique asset of the Parties, which gives them a meaningful competitive advantage. Each of the Parties agrees to apply to the other Party’s Confidential Information all the available protection measures that it applies to protect its own Confidential Information.

2. Confidential information

2.1. For the purposes of this Agreement, Confidential Information is any information or material received by the Receiving Party from the Disclosing Party, deliberately or accidentally, in written or electronic form in the course of using the Service.

2.2. Confidential Information includes, among other things:

  • any technical information, including information about all products released and not released by the Parties (source code, design documentation, technical requirements, goals, technical solutions, algorithms, interfaces, etc.);
  • any information about marketing and product promotion, about the Parties’ policy on the market, about the Parties’ plans;
  • information about the Parties (turnover, sales volumes, stock levels, concluded and unconcluded contracts, the Parties’ clients, etc.);
  • information contained in correspondence between the employees of the Parties’ companies during the term of this Agreement, regardless of the email addresses used by the employees;
  • information contained in correspondence between the employees of the Parties’ companies and their clients carried out through the Service.

2.3. Notwithstanding any other provisions, information is not treated as Confidential and, accordingly, the Receiving Party is not subject to the confidentiality obligation with regard to such information, if the information meets one of the following characteristics:

  • the information was provided to the Receiving Party with a written indication that it is not confidential;
  • the information was lawfully obtained from a third party which, as far as the Parties are aware, is not bound by confidentiality obligations with regard to such information;
  • information independently obtained by a Party in the course of research, systematic observation or other activity;
  • information and materials that have been published and are available to the general public, including advertising and information materials and scientific articles published in print and/or placed on the Internet;
  • information that is or becomes publicly known as a result of an incorrect, negligent or deliberate action of the Disclosing Party;
  • information independently developed by the Receiving Party, provided that the person or persons who developed it had no access to confidential or trade-secret information;
  • information that is or becomes known to an indefinite range of persons through no fault of the Parties to this Agreement;
  • information that is the property of a Party (the Parties) and in respect of which there are no confidentiality obligations;
  • information that, under the applicable law of the country in which the disclosing party is registered, cannot be a commercial, official or other secret.

3. Personal information collected by the service

The Receiving Party collects various types of information in the course of working with the Service:

  • Information that the Disclosing Party provides to the Service on its own when performing actions aimed at registering in the Service or within the scope of its use

    The information is provided by the Disclosing Party filling in the corresponding forms; the amount of information provided when filling in the optional fields of those forms is determined by the Disclosing Party on its own. Examples of such data: email addresses; full name, company name.

  • Information collected by clients

    This is any information uploaded or entered into the Service by the Disclosing Party. The Service has no direct relationship with the persons whose personal data was uploaded within the operation of client accounts. Each client of the Service bears its own responsibility for notifying clients and third parties about the purposes for which the client of the Service collects their personal data and how that personal data is further processed.

  • Automatically collected information

    When the Disclosing Party uses the Service, the Service may automatically collect user data: location details; OS type and version; browser type and version; device type and its screen resolution; the source the user came to the site from; from which site or from which advertisement; OS and browser language; which pages the user opens and which buttons they click; IP address.

  • Cookies

    The website and the Service use cookies — small text files that the browser stores on the device. Some of them are necessary for operation: they remember the sign-in to the account and the selected settings. The rest are analytical: they are used to count visits and to see which sections are used more often. Cookies can be disabled in the browser settings, but then signing in to the Service and some of its features will not work.

  • Information obtained when integrations with other services are activated

    When using third-party integrations available in the Service, you may be given the opportunity to gain access to, or register with, certain services provided by third parties (hereinafter — the “combined service”) using your username and password, for example with a Google, VKontakte, Viber, Skype, Telegram or Facebook account.

    By enabling integration with a third-party service, you allow us to access and store your name, email address, address(es), date of birth, gender, city, profile photo, URL and other information that the integrated service makes available to us, and you allow us to use them in accordance with this privacy policy.

    Before using an integration you should check your privacy settings in each of the services you wish to use, in order to understand what information the integrated service provides to us.

    Please read the terms of use of the integrated service and its privacy policy before using their services when connecting them to our Service.

  • Information obtained through integration with Google Contacts

    When integration of a selected contact list in the Service with Google Contacts is enabled, the Service creates a new contact group in Google Contacts with the contacts from the connected list. The following information is transferred from the Service to Google Contacts: full name, position, company, email addresses, phone numbers, birthday, contact notes, address, AIM channels.

    While the integration is enabled, the Service accesses only the contacts located in the contact group created by the service in Google Contacts. The Service performs adding/changing/deleting of contacts only within the contact group created by the Service.

    When integration with Google Contacts is disabled, contact information stops being updated, but the contacts themselves are not deleted from the Google account. If necessary, the Disclosing Party must delete the contacts from Google Contacts on its own.

    When a contact (or contacts) is deleted in the Service by a user with administrator rights, the Service deletes the corresponding contact (or contacts) in Google Contacts.

3.1. Personal data is not publicly available.

4. Purposes of collecting and processing personal information

The collection, storage and processing of the information specified in section 3 of this Confidentiality Agreement is carried out solely for the following purposes:

4.1. To identify the Disclosing Party when using the Service;

4.2. To personalise the record of visits (including for the purpose of providing personalised services to the Disclosing Party).

4.3. To interact with the Disclosing Party within the scope of contracts and/or agreements concluded with the Service.

4.4. To carry out statistical and other research on the basis of depersonalised data.

4.5. Personal data is processed both without the use of automation tools and with their use.

5. Conditions for processing the user’s personal information and transferring it to third parties

5.1. Storage (including changing and deleting) of the Disclosing Party’s personal information is carried out in accordance with the functional purpose of the Service, its technical documentation and the contract for the provision of the Service.

5.2. In the course of processing, the following actions will be performed with personal data: collection; recording; systematisation; accumulation; storage; refinement (updating, changing); retrieval; use; transfer (dissemination, provision, access); blocking; deletion; destruction.

5.3. Personal information is disclosed to third parties in the following cases, when:

5.3.1. The user has given their consent to such disclosure in advance.

5.3.2. The transfer is necessary to protect the rights and legitimate interests of the Service or of third parties in cases where the Disclosing Party infringes the copyright of the Service and/or the corresponding contract on the use of the Service.

5.4. To collect anonymised visit statistics and to measure advertising performance, the Service uses external services:

These services receive the data listed in section 3 as automatically collected: the address of the page opened, the referral source, the device and browser type, the approximate location based on the IP address, and actions on the page. The processing of the transferred data is governed by the privacy policies of the respective companies.

5.5. The information that the Disclosing Party enters into the Service in the course of work — orders, customers, finances, uploaded files — is not transferred to web analytics services.

5.6. The Service does not sell personal information and does not transfer it to third parties for advertising purposes. Transfer is possible only in the cases listed in clause 5.3 and to the service providers specified in clause 5.4, to the extent necessary to provide those services.

6. Protection of personal information

The Service takes the necessary legal, organisational and technical measures, or ensures that they are taken, to protect personal information from unlawful or accidental access to it, destruction, alteration, blocking, copying, provision or dissemination of personal information, as well as from other unlawful actions with regard to personal information, including:

  • It uses RSA encryption in the data transfer channel from the Disclosing to the Receiving party and back.
  • It provides the ability to restrict access to an account by IP.
  • It continuously improves the ways data is collected, stored and processed.

7. Obligations of the parties

7.1. Throughout the term of the Agreement, the Parties undertake not to disclose the Confidential Information that has become known to them without the written consent of the Disclosing Party.

7.2. The Parties undertake to take measures with regard to the Confidential Information known to them to prevent its disclosure and to protect the confidentiality of that information, and to store and process such information in accordance with the procedure for preserving Confidential Information established by each of the Parties.

7.3. The Receiving Party undertakes to grant access to the Confidential Information only to those employees who need such access in connection with performing tasks that enable the Disclosing Party to use the Service.

7.4. The Receiving Party duly arranges, in accordance with applicable law, its employees’ access to the Confidential Information and creates the necessary conditions for complying with the terms of this Agreement.

8. Use of Confidential Information

8.1. The Parties undertake to use the Confidential Information solely for the purpose of performing their obligations to provide and use the services of the Service.

8.2. All Confidential Information provided by virtue of this Agreement, including copies of it, must be destroyed within 60 (sixty) days from the day the Disclosing Party deletes its account in the Service.

9. Special conditions

9.1. The confidentiality obligations set out in this Agreement do not affect cases where Confidential Information is provided in the cases established by law at the request of a public authority, another state body, a local government body or the courts, the prosecutor’s office, preliminary investigation bodies or bodies of inquiry. In that case the Receiving Party must immediately notify the Disclosing Party of the receipt of such a request and of the need to disclose the Confidential Information, if this does not contradict the applicable law of the country in which the disclosing party is registered.

10. Applicable law and dispute resolution

10.1. This Agreement is governed by and construed in accordance with the applicable law of the country in which the disclosing party is registered.

10.2. All disputes arising out of or in connection with this Agreement, as well as its interpretation, are subject to amicable settlement through negotiations between the Parties.

10.3. If a settlement is not reached by the Parties through negotiations within 30 calendar days from the start of those negotiations, the dispute will be referred for resolution to a court of general jurisdiction at the location of the Receiving Party.

11. Term of the agreement

11.1. This Agreement comes into force from the moment it is signed by the Parties and remains in effect for three years after the termination of this Agreement.

12. Other conditions

12.1. The form and method of information exchange within this Agreement are to be determined by the Parties, provided that all actions are performed following fair business practice.

12.2. If any of the terms of this Agreement is recognised by a court or any other competent authority as invalid, unlawful or unenforceable, this will in no way affect the validity, lawfulness and effect of the remaining terms of this Agreement. In that case the Parties will make every effort to revise the terms of this Agreement recognised as invalid so that, being valid in their new wording, they best correspond to the intentions expressed in them and in the other terms of this Agreement.

12.3. Neither Party has the right to transfer its rights and obligations arising from this Agreement, in whole or in part, to a third party without the prior written permission of the other Party. Should the legal form of ownership of a Party or of its owner change, its rights and obligations pass automatically to the successor.