Alter 5 takes very seriously its confidentiality obligations under the provision of products and services that it provides. All information that may be confidential provided by the User as potential Investor in the Investor Access environment set in the Website will be protected, secured and undisclosed, with the exception of the legal provisions that may force disclose the confidential information and with the exception of when confidential information becomes public or it is publicly disclosed by the disclosing party, and with the other exceptions established at the following clauses of this Confidentiality Policy.
Furthermore, under the provision of Products and Services by Alter 5, all the information shared between Alter 5 and the Investor will be under the provisions of this Confidentiality Policy. For the sake of clarity, Alter 5 and Investor, unless both of them sign a new mutual non-disclosure agreement, shall have and shall be under the provisions of this Policy; both parties will comply with its own confidentiality obligations (depending on its position at the disclose of confidential information) and both parties will hold responsible for breaching this Policy.
For the purposes of this Policy:
“Affiliate” means, in relation to any person, any entity controlled, directly or indirectly, by the person, any entity that controls, directly or indirectly, the person or any entity directly or indirectly under common control with the person. For this purpose, “control” of any entity or person means ownership of a majority of the voting power of the entity or person.
“Disclosing Party” The Party (Alter 5 or the Inverstor) who sends Confidential Information to other Party.
“Receiving Party/Recipient” The Party (Alter 5 or the Inverstor) who receives Confidential Information from the Disclosing Party.
«Confidential Information» means:
“Representative” means, in relation to any person employee of the Parties including the Parties’ Affiliates who have a need to know the Confidential Information solely for the Permitted Purpose.
“Permitted Purpose”: the provision of products and services by Alter 5.
In any interaction with User or Investors, Information disclosed between the Parties (Alter 5 and the User/Investor) will be regulated under the following Confidentiality obligations.
The obligations set forth in clause above shall not apply to any information which, within the meaning hereof, would be Confidential Information but:
If applicable, the Recipient (whether Alter 5 whether the Investor) agrees to take reasonable steps to prevent the disclosure or unauthorized use of Confidential Information to prevent Confidential Information from becoming available in the public domain or the possession of persons not owing a duty of confidentiality to the Disclosing Party.
If applicable, the Recipient shall ensure that its Representatives who are provided with Confidential Information are
The Permitted Purpose is the provision of products and services by Alter 5.
The Recipient and its Representatives may disclose Confidential Information
Each Party shall be entitled to communicate to their Affiliates the Confidential Information received from the other Party under the provision of the services and products by Alter 5 for the sole objective to meet the Permitted Purpose, being understood that each party shall remain responsible to the Disclosing Party for any breach of the confidentiality obligations by its own employees and those of its Affiliates.
If the Recipient or any of its Representatives is required pursuant to any applicable law or regulation (including to avoid any violation of any applicable law or regulation) or by any order from a governmental, judicial or administrative authority or an arbitration court, to disclose any Confidential Information, the Recipient or such Representative shall, to the extent permitted by applicable law or regulation or by such order and so far as reasonably practicable, notify the Disclosing Party in writing of such requirement and disclose only that part of the Confidential Information that it is legally required to disclose or that is, in its reasonable opinion, appropriate to be disclosed in the circumstances.
Upon termination or expiration the collaboration between the Parties, or at any time at the request of the Disclosing Party, the Recipient shall return or, if so requested by the Disclosing Party, destroy (or, in the case of electronic versions, permanently erase) all Confidential Information of the Disclosing Party and any and all records, notes, and other written, printed, electronic or tangible materials containing Confidential Information of the Disclosing Party (in any form and including, without limitation, all summaries, copies and excerpts of Confidential Information) in their possession or under their control.
Notwithstanding the foregoing, the Recipient
All Confidential Information of the Disclosing Party is and shall remain, as between the Parties, the sole property of the Disclosing Party. By disclosing Confidential Information to the Recipient, the Disclosing Party does not grant any right, whether express, implied, or otherwise, to the Recipient to or under any patents, copyrights, or trademarks or, except for the limited permitted use and disclosure expressly set forth herein, any trade secret rights, and the Disclosing Party reserves without prejudice the ability to protect its rights under any such patents, copyrights, trademarks, or trade secret rights.
The Receiving Party will notify the Disclosing Party immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Policy by Receiving Party. The Receiving Party will cooperate with the Disclosing Party in every reasonable way to help the Disclosing Party regain possession of such Confidential Information and prevent its further unauthorized use.
This Policy will remain in full force and effect while Alter 5 does not change, modify, amend or erase it.
If you have questions about this Confidentiality Policy or about the use of the Confidential Information, please send an email to [email protected]