The Purchaser undertakes to treat any information, data, invention, whether patented or patentable, know-how and, in general, any notice of a technical, economic, commercial or administrative nature, as well as any drawing, document, magnetic storage medium, or sample of material or product relating to the Products (hereinafter “Confidential Information”), with the utmost confidentiality and as if they were its own secret and confidential information, and to store such information appropriately. In particular, any information relating to the business of Tutalia S.r.l. that is not in the public domain and of which the Purchaser becomes aware in the course of performing the Contract shall be treated as Confidential Information of Tutalia S.r.l. and shall not be disclosed unless disclosure is required by law or by a judicial order or order of another competent authority. The confidentiality obligations shall remain in force for five (5) years after delivery of the Products. The parties undertake not to disclose, directly or indirectly, or communicate to third parties, by any means, the content, terms and conditions of the Contract or the activities performed by the parties in performance of the Contract. The parties also guarantee compliance with the above obligations by all persons for whom they are responsible, including employees, consultants, agents, appointees, etc.
Each party shall comply with the obligations set out in Legislative Decree No. 196 of 30 June 2003 (the “Privacy Code”) and subsequent amendments. The parties acknowledge and agree that the personal data of the other party shall be processed exclusively for purposes connected with the performance of the Contract. Subject to legal obligations, the parties expressly undertake not to disclose, disseminate and/or communicate, for any reason whatsoever, such personal data of the other party to third parties. Pursuant to Article 13 of the Privacy Code, Tutalia S.r.l. informs that:
- the Purchaser’s personal data are processed and/or communicated to third parties (for example, banks, external consultants, other companies of its group, etc.) in compliance with the Privacy Code, also with the aid of electronic and/or automated means, for purposes related to compliance with legal obligations and the performance of the Contract;
- it (as identified in the heading) is the controller of the Purchaser’s data;
- the Purchaser has the right to exercise the rights under Article 7 of the Privacy Code.