1. Coswick LTD hereinafter (Coswick)
Provides access to the online service to official representatives of authorized dealers / distributors (hereinafter – the Representative).
Purpose of personal data collection and use:
– Identify of the party within the framework of the online services provided;
– Ensure communication with the User, including sending notifications, inquiries and information regarding the use of the online services, execution of agreements and contracts, as well as processing of user appeals and overall technical support;
– to keep track and identify performed online service transactions;
– fraud prevention;
– customisation and quality improvements for the User.
Personal data shall be provided by the Representative during the registration procedure, as a result of which a unique account is created. At the same time, the official dealer / distributor submits a registration application. After the user registration, registration data together with the online service User Guide are sent to the email addresses specified in the registration applications. The user should get acquainted with the User Guide and adhere to the recommendations contained therein, especially the requirements for using a password to access the account.
In the event of the registered data change, especially termination of the employment or cooperation relationship between the Representative and the official dealer / distributor, the dealer / distributor must immediately inform Coswick.
2. For the purposes of this agreement, confidential information is any information that is not in the public domain, which is defined by law or one of the parties (Coswick or an authorized dealer / distributor) as “confidential”, including business, technical and financial data that is intentionally concealed from third parties and has potential value for the owner, access to which is restricted by the parties, and disclosure or loss of which may cause harm to the owner (hereinafter – Confidential Information).
Disclosure of Confidential Information – is intentional or other actions as a result of which Confidential Information in any possible form (spoken, written or any other form, including the use of technical means) becomes known to third parties without the consent of the owner of confidential information or other legal basis .
3. The Parties may provide each other with the following Confidential Information:
information related to the professional and other activities of the parties that is protected by the legislation of the Republic of Belarus (bank secrecy, customer data, personal data, including personal data of employees, correspondence, messages, etc.);
information related to commercial activities, access to which is restricted in accordance with the legislation on commercial classified information, including information about manufacturing secrets (know-how). At the same time, the owner of the commercial classified information should clearly indicate to the second party that the transmitted information relates to classified information, user limits for this information, as well as an indication of the period during which the party is obliged to ensure their confidentiality, including the case of termination or refusal of the contract;
data in relation to which the parties have a duty to treat them as confidential information;
information declared by a party as information of confidential origin, regardless of whether it belongs to the party or is developed by it.
4. The information will not be considered confidential and the parties will have no obligations with respect to this information if:
It becomes publicly known as a result of the actions of its owner or other third parties (through no fault of any party);
legally obtained from a third party without violation of the terms of this agreement;
authorized for release by the owner’s letter of permission.
5. All information provided by the parties to each other in any form, in accordance with this agreement, is and will remain the exclusive property of the original owner.
6. None of the parties will disclose this Confidential Information to third parties, with the exception of its own employees, affiliates, contractors and consultants (together – “Representatives”), but only in those cases and to the extent that knowledge of such information is necessary, and in compliance with non-disclosure obligations that provide no less protection than this Agreement. Each of the parties is responsible for the use of the Confidential Information by its Representatives and in case of detection of its unauthorized use (disclosure) should immediately notify the other party.
7. Each party undertakes reasonable measures to protect the Confidential Information of the other party and uses the Confidential Information of the other party solely for the purpose of the business relationship of the parties. The parties will observe the same high degree of confidentiality in order to avoid disclosure or use of the Confidential Information of the other party with the same respect as if it was their own confidential information of equal importance.
8. The Parties are obliged to inform immediately the owner of the Confidential Information about the facts of unlawful acquaintance with the Confidential Information, unlawful use of this information, disclosure of this information or the threat of its disclosure by third parties, as well as inquiry for access to the Confidential Information by the government authorities and other.
In case of Confidential Information transfer to third parties, its disclosure or its use without the consent of the owner, the Party shall:
top these actions immediately;
repair damages (including lost profits) caused to the information owner (s) as a result of such actions.
9. For each case of the guilty disclosure of Confidential Information or its unauthorized use, the Party guilty of disclosure shall pay the owner (owner) a fine of 1,000 (one thousand) euro at the rate of the National Bank of the Republic of Belarus effective on the date of fine payment requirement.
10. For all other issues not regulated by this agreement, the parties are guided by the legislation of the Republic of Belarus.
11. Coswick has the right to block or delete a user account without giving reasons, including cases of registration data changes, violations of terms of this Agreement or other documents conditions by the User (authorized dealer / distributor).