FOR PARTICIPANTS, STUDENTS AND MEMBERS
The Global School
THE GLOBAL SCHOOL LATIN AMERICA:
Latinomics Mexico AC. Calle 10 / 704, San José. Córdoba, Veracruz. México
THE GLOBAL SCHOOL EUROPE:
Global School – Verein für interkulturelle Kommunikation und Bildung. Lindengasse 56, 1070 Vienna, Austria
Last Updated: January 21st 2019
1. All contributions made by the users of The Global School serve to guarantee the quality of the programs or products, provide the necessary services to their participants, and mainly to contribute to The Global School mission in continuing to fulfil its social purpose.
2. You can contribute by Credit/Debit Card or by Bank Transfer, both managed by third-party processors, which means The Global School has not access neither storage any kind of data related to your financial products.
3. The total contribution amount to each program is specified in Euros or another currency that we choose according to the destination and date of your program. This amount is published as a reference on the pages of each program, however, the final amount of your contribution to the program or product will be the one that is indicated in your letter of acceptance or final contribution order, which you receive after successfully applying or requesting to the programs or products of your preference. Your contribution is valid for 1 year after payment. In case you do not participate in any of the programs offered by The Global School, you will contribution automatically is taken as general donation no linked to a program or product offered in our platform.
4. If you have made any contribution to participate in a program, and you decide to change the date that is indicated in your letter of acceptance or change the destination of your program, you will need to request this change at least 45 days before starting day of the program to your coordinator in order to evaluate your acceptance to the new program/date and update your contribution amount. The updated contribution may decrease or increase; In case of an increase, you will have to cover the difference in order to be able to participate in the program, in case of a decrease, TheGlobal.School will reimburse you the difference with a 20% (based on the difference) charge for registration and transfer fees.
5. You can cover the whole program contribution or your enrolment. In order to participate in the program, you must cover the entire program at least 30 days before the starting day, if you have not covered the entire program, TheGlobal.School will move your spot to the next available date, the 30 days limit to cover the entire program also applies with the new date.
6. You can save your spot (enrolment) with a minimum amount indicated in your letter of acceptance. This contribution is part of the total contribution of the program and serves to save your place. It is NOT an extra charge.
7. Any contribution made to TheGlobal.School is NOT refundable, except:
A) If your visa application is rejected by the embassy of the host country.
B) In case TheGlobal.School program is definitively cancelled.
C) In case TheGlobal.School program or date is changed by you as indicated in number 4 of these terms.
8. In all cases above, TheGlobal.School will provide you with another option in an available country, in the event that the participant opts for the reimbursement, 20% will be charged for registration and transfer fees.
9. The reimbursement mentioned is exclusively for the contribution of the program or product.
10. Air tickets (or any transportation) and/or international insurance are NOT refundable without exception, due to this contractual agreements for the services are exclusively bound to the companies providing those services and no bound to The Global School.
THE GLOBAL SCHOOL LATIN AMERICA:
Latinomics Mexico AC. Calle 10 / 704, San José. Córdoba, Veracruz. México
THE GLOBAL SCHOOL EUROPE:
Global School – Verein für interkulturelle Kommunikation und Bildung. Lindengasse 56, 1070 Vienna, Austria
Last Updated: January 21st 2019
- Collection of Information
We collect information about you when you:
- Sign up for our community;
- Apply for a program;
- Attend a program, event or workshop;
- Publish on our website;
- Sign up or use any other service provided by us;
- Visit our website; and
- Communicate with us.
We also collect information, such as usage statistics, by using cookies, server logs, and similar technologies.
1.1. INFORMATION YOU PROVIDE TO US
We collect information that you provide directly to us. For example, we collect information that you provide when you create your profile, choose interests or groups, fill out a form, or communicate with us. The types of information that we may collect include your name, user name, password, email address, postal address, phone number, payment method data, photos, choices of interests, fields of work, and any other information that you choose to provide. We are processing this information to administer our relationship and provide you with fitting opportunities, and to indicate your interest to other users.
1.2. INFORMATION WE COLLECT AUTOMATICALLY WHEN YOU USE OUR SERVICES AND PLATFORMS
When you use our services and platforms, we automatically collect information about you, including:
- Log Information: We collect log information about your use of services and platforms, including the type of browser that you use; the time, duration and frequency of your access; Platform pages viewed; your IP address; and the page you visited before visiting our Platform.
- Device Information: We collect information about the computer or mobile device that you use to access our services and platforms, including the hardware model, operating system and version, unique device identifiers, and mobile network information.
- Information Collected by Cookies and Other Tracking Technologies: We and our service providers collect information using various technologies, including cookies and pixel tags (which are also called clear GIFs, web beacons, or pixels). Cookies are small data files stored on your hard drive or in device memory that help us improve our Platform and your experience, and track usage of our Platform. Pixel tags are electronic images that may be used in our Platform or emails and track usage of our Platform and effectiveness of communications. Two types of cookies are used on this website:
- Session Cookies: These are temporary cookies that remain in the cookie file of your browser until you leave our website and are automatically deleted after the end of your visit.
- Persistent cookies: For better usability, cookies are stored on your device and allow us to recognize your browser on your next visit.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies. Disabling cookies may limit the functionality of our website.
- Web analysis
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
This website uses Google Analytics for web analytics. This is a service provided by Google Inc. (“Google”). Google Analytics uses “cookies”. The information generated by this “cookie” about your use of this website (including your IP address) will be transmitted to and stored by Google on servers in the United States.
Google may also transfer this information to third parties if required by law or as far as third parties process this data on behalf of Google. Google will not associate your IP address with other Google data.
You can prevent the installation of cookies by setting your browser software accordingly; However, please be aware that if you do this you may not be able to use the full functionality of this website.
If you do not want information about your website visit to be transmitted to Google Analytics, you have the option of installing a “deactivation add-on” for your browser. http://tools.google.com/dlpage/gaoptout
In addition, we have made settings that Google Analytics deletes the last part of the IP addresses of visitors to our website. Hereby we do not come into possession of data that allow us to draw conclusions about your person.
You may opt-out of Google Analytics data collection and storage at any time by downloading and installing a browser add-on to disable Google Analytics for your browser.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
More information can be found at https://tools.google.com/dlpage/gaoptout?hl=en or https://support.google.com/analytics/answer/6004245?hl=en (general information about Google Analytics and privacy).
Facebook Website Custom Audience
This site incorporates a pixel from Facebook Ireland Limited (Website Custom Audience Pixel). Through these pixels, information about your use of this website (such as information about viewed articles) is pseudonymized. The information collected can be used to personalize you, e.g. on your Facebook account to promote with preferred product groups and products.
Use of Facebook social plugins
This website uses so-called social plugins (“plugins”) of the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plugins are marked with a Facebook logo or the addition “Social Plug-in of Facebook” or “Facebook Social Plugin”. An overview of the Facebook plugins and their appearance can be found here: https://developers.facebook.com/docs/plugins.
If you visit a page of our website that contains such a plugin, your browser establishes a direct connection to the Facebook servers. The content of the plugin is transmitted by Facebook directly to your browser and incorporated by this into the website.
By integrating the plugins, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are currently not logged in to Facebook. This information (including your IP address) is transmitted from your browser directly to a Facebook server in the US and stored there.
If you are logged in to Facebook, Facebook can assign the visit to our website directly to your Facebook account. If you interact with the plugins, for example, click the “Like” button or leave a comment, the corresponding information is also transmitted directly to a Facebook server and stored there. The information will also be posted on Facebook and displayed to your Facebook friends.
Facebook may use this information for advertising, market research and tailor-made Facebook pages. For this purpose, Facebook uses usage, interest and relationship profiles, e.g. to evaluate your use of our website in relation to the advertisements displayed on Facebook, to inform other Facebook users about your activities on our website, and to provide other services related to the use of Facebook.
If you do not want Facebook to assign the data collected via our website to your Facebook account, you must log out of Facebook before visiting our website.
The data processing takes place based on the legal regulations of the § 96 exp. 3 TKG as well as of the kind Art 6 para 1 lit a (CONFIRMATION) and / or (legitimate interest) in the sense of the General Data Protection Regulation.
Use of YouTube plugins
Our website incorporates videos from the YouTube portal, a Google Inc. company (1600 Amphitheater Parkway, Mountain View, CA 94043, USA). When you play a video, it will connect to the YouTube or Google servers. This will be passed to these servers, which of our websites you have visited. If you are logged in as a member of YouTube, YouTube assigns this information to your personal user account.
If you do not want Google or YouTube to directly associate the data collected through our website with your profile, you can completely prevent the Google Plugins from loading even with add-ons for your browser, e.g. with the script blocker “No Script” (http://noscript.net/).
The data processing takes place based on the legal regulations of the § 96 exp. 3 TKG as well as of the kind 6 exp. 1 a (CONFIRMATION) and / or (legitimate interest) in the sense of the DSGVO.
With your permission, we may collect other information from you after specifically agreeing to it.
1.3. INFORMATION WE COLLECT FROM OTHER SOURCES
We may collect information about you from other sources like information from other Third-Party Sources. To provide you with more tailored recommendations, we may obtain information about you from publicly and commercially available sources and other third parties as permitted by law. For more information about the data that we obtain from these providers, please contact us at firstname.lastname@example.org
- Use of Information
We use information about you to:
- Operate, improve, promote, and protect The Global School, our service and platform;
- Communicate with you; and
- Personalize content.
2.1. OPERATING OUR SERVICE AND PLATFORMS
- We may use information about you for various purposes related to operating our service and platforms, including to:
- Provide, maintain, and improve our service and platform, including to process transactions, develop new products and services, and manage the performance;
- Display information about you, for instance, your list of interests / fields of work, which will be visible on your profile physically in the space and online;
- Personalize our service and platforms, for example, to suggest content in which we think you may be interested;
- Monitor and analyze trends, usage, and activities about our service and platforms;
- Detect, investigate, and prevent fraudulent transactions, abuse, and other illegal activities; to protect the rights, property, or safety of TheGlobal.School and others; to enforce compliance with our policies; and to comply with applicable law and government requests; and
- Perform accounting and administrative tasks, and enforce or manage legal claims.
2.2. COMMUNICATING WITH YOU
We may use information about you for various purposes related to communicating with you, including to:
- Respond to your comments, questions, and requests, and provide customer service;
- Communicate with you, in accordance with your account settings, about products, services, and events offered by us and others, to provide news and information that we think will be of interest to you, to conduct online surveys, and to otherwise communicate with you in accordance with Section 2.3; and
- Send you technical notices, updates, security alerts and support, and administrative messages.
2.3. ADVERTISING AND OTHER USES
We may use information about you for various other purposes, including to:
- Provide content, features, or sponsorships that match your profile or interests;
- Facilitate contests, programs and other promotions;
- Carry out any other purposes described to you at the time that we collected the information.
2.4. LEGAL BASIS FOR PROCESSING
Our legal basis for collecting and using the information described above will depend on the type of information and the specific context in which we collect it.
We process information about you to provide our services in accordance with our Terms and Conditions, for example to allow you to join our community, or to display your profile to other members, and to allow us to send you important service updates.
We also process information about you where it is in our legitimate interests to do so and not overridden by your rights (for example, in some cases for direct marketing, fraud prevention, network and information systems security, responding to your communications, the operation of networks of groups by the network administrators, and improving our platforms).
In some cases, we may also have a legal obligation to collect information about you, or may otherwise need the information to protect your vital interests or those of another person.
We may also process information to comply with a legal requirement or to perform a contract.
- Sharing of Information
We may disclose information about you:
- to members, partners, on our website or on social media services, subject to the choices you may make via your application and service agreements;
- to our third-party service providers who help us to operate or improve our service and platforms;
- to authorities to comply with legal obligations and to protect and defend our rights and property; and
- to an affiliate or successor entity as part of a corporate transaction.
We may also share de-identified or aggregated information.
3.1. Through our community and platform
We share some of the information that we collect by displaying it in our Community or on our Platforms according to your service agreements and choices.
3.2. SUCCESS STORIES
In case of success stories worth sharing you can contact us or we contact you regarding the publication of the story in our community and platforms.
3.3. THE GLOBAL SCHOOL NETWORK
Beyond connecting to your local The Global School community, becoming a member of The Global School comes with the opportunity to connect and collaborate with the The Global School Network. To facilitate this opportunity of exchanging and collaborating on a global level, The Global School provides you with access to our own social networking platform, the Community App.
To create your personal profile on the community app, we will share some information about you with the provider of the Community App, TheGlobal.School, Lindengasse 56 / 18-19, 1070 Vienna, Austria. Until you actively join the Community App, this shared information will be only available to the responsible employees of The Global School and the employees of The Global School
To learn more about who TheGlobal.School is, how it will treat and keep safe your personal data, and how you can direct the processing of your personal data, please look at the Data Policy.
3.4. WITH OUR SERVICE PROVIDERS
We may use service providers about operating and improving our service and platform to assist with certain functions, such as payment processing, email transmission, conducting surveys or contests, data hosting, managing our ads, and some aspects of our technical and customer support. We take measures to ensure that these service providers access, process, and store information about you only for the purposes we authorize, subject to confidentiality obligations.
3.5. FOLLOWING THE LAW AND PROTECTING TheGlobal.school
We may access, preserve, and disclose information about you to third parties, if we believe disclosure is in accordance with, or required by, applicable law, regulation, legal process, or audits. We may also disclose information about you if we believe that your actions are inconsistent with our Terms and Conditions or related guidelines and policies, or if necessary to protect the rights, property, or safety of, or prevent fraud or abuse of, TheGlobal.School or others.
3.6. AFFILIATE SHARING AND MERGER, SALE, OR OTHER ASSET TRANSFERS
If TheGlobal.School is involved in a merger, acquisition, financing, reorganization, bankruptcy, or sale of our assets, information about you may be shared, sold, or transferred as part of that transaction. We may also share information about you with current or future corporate parents, subsidiaries, or affiliates.
3.7. OTHER SITUATIONS
We may de-identify or aggregate information about you and share it freely, so that you can no longer be identified. We may also share information about you with your consent or at your direction or where we are legally entitled to do so.
- Additional Details
- With your permission, we may allow others to use technologies that collect information about you to provide analytic services, and to serve ads for services. You may be able to disable the collection or use of this information.
- We use commercially reasonable efforts to protect your personal information and have implemented technical and organizational measures in line with industry best practices. These precautions relate to protection against unauthorized, unlawful or accidental access, processing, loss, use and manipulation. We cannot guarantee these controls will provide absolute security. Please note that we therefore accept no liability whatsoever for the disclosure of information due to non-caused errors in data transmission and / or unauthorized access by third parties. (for example: hacking of e-mail accounts or telephones, interception of faxes etc.).
4.1. ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS
4.2. DATA RETENTION
We generally retain personal data that we collect from you until the end of our business relationship or till the end of the legally required retention period. If you are a client, potential client, a previous client we save your personal data for marketing until you object or withdraw your consent.
If you have registered on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes. For this matter contact us by email to: email@example.com
4.3. POLICY SCOPE
4.4. REVISIONS TO THIS POLICY
5.1. You can subscribe to our newsletter via our website. For this, we need your e-mail address and your declaration that you agree to receive the newsletter.
5.2. Once you have subscribed to the newsletter, we will send you an e-mail with a link to confirm the registration.
5.3. You can cancel the subscription to the newsletter at any time. Please send your cancellation to the following e-mail address: firstname.lastname@example.org.
5.4. We will immediately delete your data about the newsletter dispatch.
- Your Data Rights
Irrespective of your nationality or place of residence, among other rights, we grant to you all the rights relating to your personal data that the European General Data Protection Regulation provides for data subjects. These rights include:
6.1. THE RIGHT TO ACCESS YOUR DATA
You have the right to request access to the personal data that we have collected about you and to request specific information and insights on how we treat, share, store and otherwise process this personal data.
6.2. THE RIGHT TO RECTIFICATION
In the case personal data that we store about you is incorrect, inaccurate, or outdated you have the right to demand that we correct these errors. To exercise this right, it is sufficient to just point the errors out in an email to the address given below.
6.3. THE RIGHT TO ERASURE (THE ‘RIGHT TO BE FORGOTTEN’) / WITHDRAWAL OF CONSENT
6.4. FOR THE MOST PARTS WE ARE PROCESSING YOUR PERSONAL DATA ON THE GROUNDS OF THE CONSENT THAT YOU GIVE THAT US BY READING AND ACCEPTING THIS DATA POLICY OR BY CONCLUSIVE CONDUCT.
At all times you are free to withdraw this consent by stating so in an email or by initiating the deletion of your personal profile. 5.4 The right to object to processing of your information, asking us to restrict processing of your information, or requesting the portability of your information.
6.5. THE RIGHT TO OPT OUT FROM RECEIVING MARKETING COMMUNICATIONS THAT WE SEND YOU AT ANY TIME.
You can exercise this right by requesting “unsubscribe” or “opt-out” option in the marketing emails we send you. Additionally, you may update your email preferences by changing the settings in your account.
6.6. THE RIGHT TO COMPLAIN TO A DATA PROTECTION AUTHORITY ABOUT OUR COLLECTION AND USE OF YOUR INFORMATION.
For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Union are available here.
6.7 THE RIGHT TO COMPLAIN TO A DATA PROTECTION AUTHORITY ABOUT OUR COLLECTION AND USE OF YOUR INFORMATION.
For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Union are available here.
- Governing Law
As far as permitted by law, this Data Policy and its terms shall be governed by and construed in accordance with the data protection laws of Austria and any legal dispute concerning this data policy, its interpretation, and our handling of your personal data shall be adjudicated in Austrian jurisdiction.
- Contact Us
If you want to exercise your rights, have any queries on this policy, wish to contact us or know further details on how we use personal data, please contact us electronically at: email@example.com
THE GLOBAL SCHOOL LATIN AMERICA: Calle 10 / 704, San José. Córdoba, Veracruz. México
THE GLOBAL SCHOOL EUROPE. Lindengasse 56, 1070 Vienna, Austria
Last Updated: October 16th 2018
1. TheGlobal.School in its figure of Non-Profit Organization of social impact establishes the objective of an individual or collective empowerment through education that inspires leadership with social commitment.
2. The granting of partial and full scholarships is part of the social mission of TheGlobal.School, among others and not exclusive activities; These scholarships are subject to a special selection decided by TheGlobal.School.
3. The Scholarships granted by TheGlobal.School and its allies are based on 3 principles:
i) That it means a benefit for TheGlobal.School and its social mission.
ii) That TheGlobal.School has available resources for the granting of the scholarships, or in case the scholarships are granted via sponsor, subsidiary, ally or another third party, the resources are available.
iii) That TheGloba.School can establish mechanisms that allow giving confidence in the granting of these scholarships to its users, allies or collaborators.
4. Any type of scholarship required, proposed or claim by any user, ally, collaborator or third party to TheGlobal.School, is understood as impossible if they do not meet the above points.
5. TheGlobal.School is responsible to establish conditions and rules, as well as the use of tools and platforms in the call for scholarships in order to fulfil this terms.
6. Any Applicant to TheGlobal.School who is a beneficiary of a Scholarship (“Scholar”), also submits to the terms and conditions and the agreement applicable to all participants.
7. Scholars of a partial or total scholarship are required to comply with the guidelines that TheGlobal.School establishes for the granting of the Scholarship.
8. The Scholar may be deprived of the benefits of his Scholarship in the case that the information provided is false, or has acted in bad faith, under deceit or to the detriment of a third party, to obtain such scholarship.
9. TheGlobal.School reserves the right to revoke any Scholarship or even the benefit of user or participant of TheGlobal.School services to anyone who breaks TheGlobal.School social mission.
FOR OTHER MENTORS AND REPRESENTATIONS MEMBERS
Date: January 21st, 2020
This mutual non-disclosure Agreement (the “Agreement”) is entered into as of the date set forth herein below (the “Effective Date”) between: The Global School and The Global Mentor, and Global School Representation (Franchises)
“Global Mentor”: A person duly organized and self-represented according to existing laws, member of The Global School as a Global Mentor, and Considered by the Global School an expert, leader or facilitator in a field where The Global School intervenes through holistic and disruptive education aligned with the Sustainable Development Goals and the Human Development Goals.
“Global School Representation (Franchise)”: A company or NGO duly organized and self-represented according to existing laws, member of The Global School as a Global School Representative, and Considered by the Global School a propel channel to implement The Global School goals, vision and mission through holistic and disruptive education aligned with the Sustainable Development Goals and the Human Development Goals.
“Discloser”: shall mean the Party that discloses Confidential Information, directly or indirectly to the Receiving Party under or in anticipation of the Purpose and/or this Agreement.
“Recipient”: shall mean the Party that receives Confidential Information, directly or indirectly from the Discloser.
“Representatives”: means such officers and employees of the respective Parties, the Parties’ professional advisors and/or consultants engaged to advise the respective Parties in connection with the Purpose and any other persons whom the Discloser agrees in writing in advance may receive the Confidential Information.
Hereinafter referred to collectively as “Parties”.
The Parties are contemplating a relationship for the following purpose: To investigate a possible cooperation in developing disruptive and holistic educational programs and products aligned to the Sustainable Development Goals and the Humanity Development Goals, however not limited to, the initial discussion of cost and length, in a format that needs to be determined during further discussions (the « Purpose »).
The Purpose might require either Party to disclose or make available to the other Party, proprietary and confidential information and materials containing valuable trade secrets, product development and inventions, some of which may already have been disclosed or made available prior to the Effective Date.
In consideration of the mutual promises and obligations set forth below, the Parties on their own behalf and on behalf of their employees, agree as follows:
- 2. Affiliated Organization
For the purpose of the Agreement “Affiliate Organization” shall mean any corporation, non-profit organizations or business entity which controls, is controlled by or is under common control with Party. A corporation or business entity shall be deemed to control another corporation or business entity if it owns, directly or indirectly, more than fifty percent (50%) of the securities or other ownership interests representing the equity, the voting stock or general partnership interest of such corporation or business entity, or if it has the ability to direct the affairs of such corporation or business entity.
- 3. Confidential Information
“Confidential Information” means:
(i) the fact that the Parties have engaged in and/or are engaging in discussions or negotiations in contemplation of the Purpose, anything arising from the negotiations between the Parties, any terms, conditions or other facts under discussion with respect to the Purpose, including without limitation the status thereof, and the existence and contents of this Agreement; and
(ii) any and all technical and non-technical information/data/documents belonging to or concerning the Discloser and/or its business and/or its Affiliated Organizations, including but not limited to, copyright, trade secret and proprietary information, techniques, sketches, drawings, models, inventions, know-how, tools, samples, results, studies, databases, processes, apparatus, equipment, algorithms, software programmes, codes, methods, models, software source documents and formulae relating to current, future and proposed products and services of the Discloser, and includes, without limitation, its information concerning research, experimental work, development, design details and specifications, engineering, financial and business information and plans, procurement requirements, purchasing, manufacturing, customer lists, business forecasts, sales and merchandising and marketing plans and information, personnel information and all other aspects of its business or affairs, including, without limitation, its assets, liabilities, profitability, prices, policies and financial position and any and all information received by the Discloser from any third party that the Discloser is obliged to treat as confidential in whatsoever form. Confidential Information may be communicated in any language in written, visual, oral, electronic or other tangible or intangible forms (which may include but is not limited to samples, models, exhibition of products, computer programs, e-mail, facsimile transmission or other means of transmission), whether or not specifically marked as “Confidential” or “Proprietary” or similar wording;
(iii) Confidential Information disclosed prior to the Effective Date.
Confidential Information includes without limiting any information in relation with the Purpose, this Agreement or its purpose, and any documents, data, tool sample, methods, concept, result, studies, database, specifications, manufacturing process of the Discloser, of whatsoever form, or financial information, marketing plans, and any other business, marketing, financial, technical, scientific, or other information of Discloser.
Each Party, as Discloser, will make reasonable efforts to identify to the other Party, as Recipient, orally or in writing, specific information or materials which such party considers to be Confidential Information. However, the failure to do so shall not relieve the Recipient of its obligation to protect the same where circumstances of the disclosure and the nature of the information or materials otherwise gave the Recipient reason to know of the confidential nature of such information or materials.
Recipient undertakes that, in case of doubt, it shall ask Discloser without undue delay about the confidential nature of the information or document disclosed prior to any use or disclosure thereof.
Confidential Information shall not include information which Recipient can demonstrate
- a) is or becomes available to the public prior to the disclosure, or after, but through no breach of this Agreement;
- b) is lawfully received from a third party without restriction, provided such third party is not, to Recipient’s knowledge, in breach of any obligation of confidentiality relating to such Confidential Information;
- c) is released with prior written authorization from Discloser;
- d) is independently developed by Recipient without use of, or reference to, Confidential Information of Discloser.
These exceptions will not apply if only a part of the elements belonging to the Confidential Information is involved. The combination or application of these elements with other Confidential Information retains its own value and confidentiality.
- 4. Non-disclosure
- i. keep strictly confidential, do not publish and do not disclose to third parties the Confidential Information;
- ii. not use Confidential Information, directly or indirectly, for any purpose other than as part of the Purpose. This Agreement shall not, be construed as providing to the Recipient an authorization or any right of industrial or commercial exploitation of the Confidential Information;
- iii. do not reproduce except with the prior written and express agreement of Discloser, the Confidential Information or the documents containing the Confidential Information;
- iv. disclose information to Representatives with a “need to know”; provided that:
- a) such Representatives have been made aware of their obligation to preserve the confidentiality of such Confidential Information;
- b) such Representatives must be subject to confidentiality obligations that are at least as restrictive as those set forth in this Agreement.
Recipient shall be fully liable to Discloser for any breach of such obligation by its Representatives.
Recipient shall promptly inform Discloser upon discovery of any unauthorized loss or disclosure of the Confidential Information.
Results of testing or evaluation of samples by Recipient, as the case may be, and any gained knowledge thereof cannot be used for any commercial purpose without prior written authorization from Discloser.
- 5. Legally Required Disclosure
Recipient may disclose Confidential Information where required by law or regulation as permitted by law; or in response to a valid order of a court or other governmental body. In such case and prior to disclosure of Confidential Information, Recipient shall take reasonable steps to first notify Discloser of the legally required disclosure and to permit Discloser to oppose such disclosure, and/or seek an appropriate protective order or other confidential treatment of the Confidential Information, and to only disclose that part of Confidential Information which is necessary legally required.
- 6. Non-Disclosure measures
Recipient shall take all necessary measures to maintain the confidentiality of the Confidential Information. In particular, the Recipient undertakes to protect and treat Confidential Information with the same degree of care as it accords to its own confidential information.
In order to guarantee the confidentiality of the Confidential Information, the Recipient shall:
- i. keep all documents and more generally all elements containing Confidential Information:
- a) separately from all other documents, elements and designs so that they may be readily identifiable as Confidential Information belonging to Discloser, and
- b) keep them in a secure place to protect them from theft and unauthorized consultation.
- ii. make copies, summaries, total or partial transcripts of the Confidential Information only to the extent necessary for the Purpose;
- iii. notify Discloser immediately upon discovery of any unauthorized use or disclosure of Confidential Information, or any other breach of this Agreement by Recipient, and will cooperate with Discloser in every reasonable way to help Discloser regain possession of the Confidential Information and prevent further unauthorized use or disclosure;
- iv. make available to the other Discloser upon first written request a list indicating:
- a) the names and addresses of persons and company to whom the Confidential Information has been disclosed and the relationship of such persons with the Party concerned;
- b) the place where the Confidential Information is classified;
- c) other protective measures taken;
- v. undertake in writing to observe the European Union General Data Protection Regulation (GDPR) regarding the protection of personal data, in the event that the Confidential Information contains personal data.
- 7. Duty of Confidence
Each Party commits, on its behalf as well as on the behalf of the head of its executives and employees, to not have any denigrating and/or harmful comments, whatever the form, in writing or orally, regarding the other Party or any other company or firm with which the other Party may work.
Under this duty of confidence, each Party commits to not denigrate, defame or utter any criticism, remark or piece of information likely to damage the corporate image of the other Party.
- 8. Non-Competition
Recipient undertakes not to, directly or indirectly, or request or allow a third party to, copy, reproduce, alter, adapt, practice reverse engineering, disassemble, integrate into any creation, work, product or service of any kind and in any way, all or part of Discloser´s Confidential Information.
Each Party shall not use the Confidential Information for the purposes of directly or indirectly competing with the other Party or in any other manner, for which it has not been expressly instructed by the other Party.
- 9. Ownership of Confidential Information
No patent, copyright, trademark, or other proprietary right is licensed, granted, or otherwise transferred by this Agreement or any disclosure hereunder, except for the right to use such information in accordance with this Agreement. The Discloser may use its proprietary information as it thinks best.
Neither Party is obligated under this Agreement to exchange any Confidential Information.
No warranties or representations of any kind, express or implied, are given with respect to any information, including Confidential Information, disclosed or made available under this Agreement or with respect to any use thereof.
- 10. Return of Confidential Information
The Recipient shall at the Discloser’s written request, and also upon any termination of this Agreement:
i. return and provide to the Discloser all Confidential Information (documents and other materials that contain any of the Confidential Information), including all copies made by the Recipient or its Representatives;
ii. permanently delete all electronic copies of Confidential Information from the Recipient´s or its Representative´s computer systems; and
iii. provide to the Discloser certificate in writing, signed by an officer of the Recipient, confirming that the obligations i. and ii. have been met.
As an exception to its obligations, the Recipient may retain one copy of the Confidential Information, in paper form, in the Recipient´s legal files for legal and regulatory purposes only if necessary to do so according to applicable jurisdiction of the Recipient; in such case the Recipient shall treat the Confidential information under conditions defined in this Agreement.
Following the date of any termination of this Agreement, or any return of Confidential Information to the Discloser the Recipient shall make no further use of the Confidential Information.
- 11. Term
The Term of this Agreement shall be for a period of three (3) years from the Effective Date.
Notwithstanding the expiration or termination of this Agreement, for any reason whatsoever, the obligations of confidentiality shall be applicable for a period of ten (10) years from the termination, or if this period is longer, as long as Confidential information has not fallen into the public domain.
- 12. Liability
Each Party, as Recipient, is aware about the value of Confidential Information of the other Party, as Discloser, and agree that any threatened or actual breach of this Agreement could cause irreparable injury to the Discloser.
As such, each Party, as Recipient, acknowledges that it is liable for any harmful consequences of the use that may be made of the Confidential Information of the other Party, as Discloser, by any of its Representatives or third parties in violation of this Agreement and will be responsible for any resulting harmful consequences, especially for damage so caused to the Discloser.
- 13. Governing Law
This Agreement shall be governed by the laws of Austria.
Any dispute arising under this Agreement shall, except in case of emergency, be settled by prior negotiations between the Parties. In case of failure to reach a written agreement between the Parties within one (1) month from the date of first presentation of a registered letter notifying the different and expressly referring to this section, any dispute relating to its interpretation, execution or its termination, shall be finally settle under the Rule of Arbitration (Vienna Rule) of the Vienna International Arbitral Centre (VIAC) of the Austrian Federal Economic Chamber by one or three arbitrators appointed accordance with the said Rules, as well as:
- The language to be used in the arbitral proceedings is English;
- The substantive law applicable to the contractual relationship, the substantive law applicable to the arbitration agreement is Mexico if both parties are outside European Union, and Austria if both parties are located in the European Union.
Except as provided in this Agreement, neither Party may assign or delegate any rights or obligations hereunder without first obtaining the written consent of the other Party hereto. In case of authorized assignment, the successor of the Party undertakes in writing to take back all rights and obligations on his behalf.
A Party’s failure or neglect to enforce any of its rights under this Agreement will not be deemed to be a waiver of that or any other of its rights.
Neither Party may modify, amend or waive any of the provisions of this Agreement unless written document signed by the Parties.
If any provision of this Agreement shall be held invalid or unenforceable, such provision shall be deemed deleted from this Agreement and replaced by a valid and enforceable provision which so far as possible achieves the Parties’ intent in agreeing to the original provision. The remaining provisions shall continue in full force and effect.
Each Party warrants that it has the right to disclose its Confidential Information to the other Party and the right to authorise the other Party to use the same under or pursuant to this Agreement.
This Agreement contains the entire understanding between the Parties concerning the subject matter of the Parties’ agreement contained herein and supersedes all prior communications/agreements between the Parties.
If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement, which shall remain in full force and effect. Where relevant, the Parties shall use their reasonable endeavours to agree upon a new valid stipulation that resembles as nearly as possible the invalid provision in its commercial consequence.
This Agreement is neither intended to nor will it be construed or interpreted as creating a joint venture, partnership or other form of business association between the Parties, or obligation, or undertaking to establish the same, nor an obligation to buy or sell products using or incorporating the Confidential Information.
By accepting to become Global Mentor or hosting a Global School Representation, you accept this agreement.