Are deemed “Confidential Information", those means of information and documents of any technical, industrial or other kind, belonging to, or held by the Transport provider or Freight Forwarder (TP) which will be communicated to TK' Blue Agency (TK’Blue), or to which TK’BLUE may have access, be it visually, orally, in writing, through digital streams or by the delivery of tangible media such as products, in connection with the exchange of information with TK’BLUE. and in particular when labelling the fleet(s) of owned PT's and subcontracted fleets on the TK’BLUE website (www.tkblueagency.com)
However, will not be considered as “Confidential Information”, these information’s when TK’BLUE can prove in a written form:
- That they were part of the public domain at the time of their communication by the PT or that they subsequently fell within the public domain without bearing fault on its part (in either case, TK’BLUE will be released from secrecy only with regard to the information disclosed and from that date onwards, of such disclosure);
- That she had already been in possession of the information when PT communicated them to TK’BLUE.
- That it had received them from a third party to the present Agreement having in good faith the right to make such communication, without falling under any obligation of confidentiality.
TK’BLUE is committed, during the term of the present Agreement, to maintaining the strict confidentiality of “Confidential Information”, and treating them with the same degree of protection it grants to its own confidential information of equal importance, and in particular:
- Not to use or not to exploit the data and/or data bases for purposes others than those related to the ones linked to delivering its service, i.e. the labelling of the PT fleets and data processing aiming at the TK' BLUE rating calculation to be granted to a Shipper and Client, to the exclusion of any other use, in particular reconstitution of flows or transport organization by means of Shipper or Service provider.
- To restrain communication aimed at Shippers clients only to performance indicators of the carrier's fleet (s) or anonymous data, unless the carrier has specifically authorized the transmission of certain data or documents to one or more shippers.
- Not to disclose, distribute, reproduce, publish or communicate them to third parties, in whole or in part and under any form whatsoever,
- To grant access only to those members of its staff who need access to it for the purposes of the present Agreement, i. e. those directly concerned by the labelling and rating services offered. TK’BLUE declares itself as guarantor for ensuring that her employees comply with the provisions of this agreement.
- To protect them from any unauthorized disclosure and to take all necessary measures in view of the prevention and protection against theft, copying or reproduction or any unauthorized usage, disclosure or dissemination.
- Not to claim any industrial, intellectual, literary or commercial property rights.
This commitment is valid for the next 5 years following the transmission of each and every confidential information on the TK’BLUE platform.
TK’BLUE's Supervisory Board ensures the application of
TK’BLUE's confidentiality commitments