These confidentiality terms are applicable to all natural persons (hereinafter, the Participants) who participate in any of the activities and phases of The Collider Program (hereinafter, the Program) organised by the Mobile World Capital Barcelona Foundation and regarding the information provided or provided within the framework of said programme.
These terms cover:
- The information provided by the organisation to the Participants and other third parties linked to the development of the Programme.
- The information provided by the Participants among themselves, with the organisation, and with those third parties linked to the Programme.
The term “Confidential Information” includes all information, whether technical, business, or otherwise, that has been provided verbally, in writing, by electronic means or magnetic media, or by any other means. This includes but is not limited to all information, documentation, data, and databases procedures, designs, knowledge, communications, reports, strategies, business plans, projects, operations and business proposals, policies, standards, guidelines, studies, statistics, graphs, schemes, formulas, signs, drawings, plans, as well as financial statements, balance sheets, results reports, financial and economic analysis, know-how, software, source code, applications, any technical, legal information, economic, financial, accounting, business, including corporate and/or labor information, data whatever its electronic form, electromagnetic media content of private information, trademarks, patents, trade names, industrial secrets, in addition to maps, works, summaries, compendia, compilations, reports, and all that information that is protected by intellectual and industrial property laws, and all those considered confidential, privileged or private, whose property and use is exclusive to the organization of the Programme, the Participants, and that of any third party that participates in the development and operations of the
Programme.
These terms will not apply to:
- Confidential Information that becomes public domain for reasons other than a breach of these terms.
- Confidential Information that becomes available to a third party without breach of the restrictions included in these terms.
- The Confidential Information that the Participants provide to third parties in order to validate their projects during the Programme. In this case, it will be the owner of the intellectual or industrial property rights, who will be responsible for safeguarding the confidentiality of the information by formalising the corresponding documents.
The Participants undertake to:
- 1. Recognise the strictly confidential nature of all Confidential Information available and to always keep all Confidential Information secret and not reveal it according to the terms that are referred to in this document.
- 2. Inform their collaborators, members of the project work team, or, eventually, the representatives of the institution to which they belong, of the existence of these terms and the secret nature of the Confidential Information and do whatever is necessary so that all of them comply with the commitments contemplated here. The Participants will be directly responsible for any breach of the obligations derived from these terms.
- 3. Not to use the Confidential Information for purposes other than for the specific purpose for which the Information was provided.
- 4. Conserve and safeguard the Confidential Information with the highest diligence, preventing its leakage.
- 5. Not to make any claim of intellectual property or industrial property rights, and/or to request their registration or protection as owners/holders thereof, on any development, result or information or data asset that contains or that is derived from Confidential Information of the Programme.
- 6. Return, upon written request by any representative of the projects participating in the Program or, failing that, eventually by the corresponding legal representative of the institutions of origin of the projects, the documentation including Confidential Information, as well as any possible copies, extracts or any reproduction thereof, whether total or partial, or alternatively, to destroy it if requested.
The obligation not to disclose Confidential Information will not be enforceable when it is necessary to
proceed with its disclosure in the terms and for the purposes provided in a legal regulation, or when it is the consequence of a requirement made in the manner provided for by a court or an administrative authority, non-compliance with the rule or the judicial or administrative requirement may result in the imposition of sanctions of any kind.
The confidentiality commitment provided in these terms will continue in force for a period of ten (10) years from the date of acceptance of said document.
Failure to comply with the confidentiality commitments assumed by the Participants in these confidentiality Terms enables the request for compensation for any direct or indirect damages that may correspond to the organiser of the Programme or to a third party directly or indirectly related to the Programme.
These terms will be governed by Spanish law. The signing parties, expressly waiving any other jurisdiction, submit to that of the Courts and Tribunals of the city of Barcelona, for any disagreements that may arise from them.
The commitment to confidentiality derived from these terms by the Participants, materialises with their
acceptance through the online form.
