This Regulation was developed in accordance with the Civil Code of the Russian Federation, Federal Law No. 98-ФЗ of 29.07.2004 "On Trade Secret" and other federal laws and regulations of the Russian Federation, the Charter of the Company for the settlement of relations related to the establishment, modification and termination the regime of commercial secret with respect to confidential information in the Limited Liability Company "Zayed Fund for Entrepreneurship and Innovations" (hereinafter - Employer, Organization).
This Regulation applies to employees who work under an employment contract concluded with the Employer who have made a commitment not to disclose confidential information in the manner and under the conditions provided for in this Regulation.
Definitions used in this Regulation:
Confidential information - information of any kind (production, technical, economic, organizational and other), as well as information on the ways of carrying out professional activities that have real or potential commercial value due to their unknown to third parties to which third parties do not have free access to legal basis and in respect of which the owner of such information introduced a regime of commercial secrecy.
Holder of confidential information - a person who owns information constituting a commercial secret, on a legal basis, has restricted access to this information and has established a commercial secret regime in relation to it.
Disclosure of confidential information is an act or omission, as a result of which information constituting a trade secret in any possible form (oral, written, other form, including using technical means) becomes known to third parties without the consent of the owner of such information, or in spite of labor or civil-law contract.
In order to protect the confidentiality of information, the Employer is obliged:
To familiarize with the receipt of an employee whose access to information constituting a commercial secret is necessary for the performance of his or her work duties, with a list of information constituting a commercial secret, the owners of which are the Employer and its counterparties.
To familiarize with the receipt of the employee with the regime of commercial secret established by the Employer and with measures of responsibility for its violation.
Create the necessary conditions for the employee to comply with the employer's established regime of commercial secrecy.
In order to protect the confidentiality of the Organization's information, the employee is obliged:
Implement the regime of commercial secret established by the Employer.
Do not disclose information constituting a trade secret, the owners of which are the Employer and its contractors, and without their consent not to use this information for personal purposes.
To comply with the requirements of the orders, instructions and provisions for securing the confidentiality of the employer's business secrets and their carriers, comply with the procedure for work and storage with respect to documents containing commercial secrets, the procedure for putting the premises under protection and receiving from the protection, the procedure for accessing and working with personal computers and other electronic equipment.
To preserve the commercial secret of those organizations with whom the Employer has business relations.
Do not use the employer's trade secret for other activities, as well as in the process of work for another organization, enterprise, institution, on the instructions of an individual or in the course of carrying out entrepreneurial activities without the formation of a legal entity that as a competitive action may cause damage to the Company.
Do not use information constituting a trade secret in scientific and pedagogical activity, during public speeches, interviews.
Immediately notify the relevant officials of the Employer about the need to respond to or answer questions from officials of the competent authorities (tax inspection, preliminary investigation bodies, etc.) who are on duty, on matters of commercial confidentiality of the Organization.
In case of an attempt by unauthorized persons to receive from the employee the trade secret of the Organization, immediately notify the relevant official of the Organization about this.
Do not create conditions for the leakage of trade secrets and make every effort to stop such leakage if it became aware that a leak is taking place or that conditions for the possibility exist.
Transfer to the Employer upon termination or termination of an employment contract the material media of information containing information that constitutes a trade secret, or destroy such information or remove it from these material carriers under the control of the Employer.
On the loss or shortage of documents containing classified information, keys from safes (storage), seals, certificates, permits, etc. Immediately inform your immediate supervisor or the person who replaces him.
The Director of the Organization is responsible for ensuring the confidentiality of information in the Organization.
On the document or other medium containing confidential information, the stamp "Commercial secret" shall be affixed with the date, surname and signature of the person who put the stamp.
INFORMATION CONSTITUTING CONFIDENTIAL INFORMATION OF THE ORGANIZATION
Confidential information of the Organization is:
Information on management, personnel, staff, legal issues and regional policy issues.
Information on economic, financial and accounting activities.
Information on commercial activities in the domestic market.
The regime of commercial secrecy can not be established with respect to the information listed in Art. 5 of the Federal Law of 29.07.2004 N 98-FZ "On Trade Secrets".
The change and addition of this list of information is allowed in writing with mandatory familiarization of employees with the amendments and additions to the list. Otherwise, the employee's obligation to preserve confidential information remains the same.
CONFIDENTIALITY OF INFORMATION
Measures to protect the confidentiality of information taken by the Director of the Organization should include:
definition of the list of information constituting a trade secret;
restriction of access to information constituting a trade secret, by establishing the procedure for handling this information and monitoring compliance with this procedure;
registration of persons who have access to information constituting a trade secret and (or) persons to whom such information was provided or transmitted;
regulation of relations on the use of information constituting a trade secret, employees on the basis of labor contracts and contractors on the basis of civil law contracts;
drawing on material carriers containing information constituting a commercial secret, or including in the details of documents containing such information, the "Trade Secret" label with indication of the holder of such information (for legal entities - full name and location);
control over the implementation of this Regulation.
PROCEDURE OF CONFIDENTIAL INFORMATION
The classification of information to confidential information is carried out by introducing restrictions on disclosure and access to its media in the manner provided for in this Regulation.
The classification of information to confidential information is carried out by the Director General of the Organization in accordance with the principles of validity and timeliness. The rationale lies in establishing the expediency of referring specific information to commercial secrets. Timeliness consists in establishing restrictions on the disclosure of this information from the time of their receipt (development) or in advance of the specified time.
In exceptional cases that are urgent, the classification of information as a commercial secret is carried out by affixing the "Business Secret" to the General Director of the Organization, with the subsequent processing of this information in the manner provided for in this section, the status of confidential information from the moment the relevant neck is affixed.
PROCEDURE OF ACCEPTANCE TO CONFIDENTIAL INFORMATION
The Director of the Organization has access to confidential information on all matters of the Organization's activities.
On matters within their competence, the following persons have access to the confidential information of the Organization:
Assistant to the Director of the Organization;
the financial director of the Organization;
director of the Department for the Development of the Potential of Entrepreneurs;
director of the Credit Department;
Senior Financial Manager;
the chief lawyer of the Organization;
Chief Accountant of the Organization;
employees in whose employment contract there is a corresponding regulation on non-disclosure of confidential information;
other persons who have received access to confidential information of the Organization in accordance with these Regulations.
Admission to confidential information is carried out only after giving the employee a written obligation to not disclose confidential information, except for cases provided for by these Regulations.
The admission is formalized on the basis of an employee's application specifying the reason for receiving certain information, as well as the need to copy using the technical means of the specified information.
The application shall be considered by the Director General of the Organization within 5 (five) business days. Based on the results of consideration of the application, a decision is made to admit or deny the employee access to the information requested by him.
The decision to admit or deny access to confidential information is made as follows: an order of the Director on admission to confidential information is issued.
Organization on the motivated demand of the state authority, other state body, local government gives them on a non-repayable basis the information that constitutes confidential information. A motivated demand must be signed by an authorized official, contain an indication of the purpose and legal basis for requesting information constituting a trade secret, and the time period for providing this information, unless otherwise stipulated by the current legislation of the Russian Federation.
PROCEDURE OF WORKING WITH CONFIDENTIAL INFORMATION
Work with confidential information is carried out in a specially allocated room.
Issuance and return of carriers of confidential information are recorded in the work log with confidential information.
Information about the copying of confidential information is entered in the work log with confidential information.
STORAGE OF CONFIDENTIAL INFORMATION AND CONTROL OF THE ORDER OF ADMISSION AND OPERATION WITH IT
A person carrying out the storage and issuance of carriers of confidential information is appointed by an order of the Director General of the Organization and is guided by the job description.
Control over the procedure for admission and work with confidential information is carried out by the CFO.
When exercising control, a person specified in clause 7.2 of this Regulation shall check:
keeping logs when working with confidential information;
the state of the premises intended for working with confidential information;
presence of carriers of confidential information.
Inspections are carried out on the basis of an order of the Director of the Organization.
TERMINATION PROCEDURE FOR CONFIDENTIAL INFORMATION
The admission of an employee to trade secrets can be terminated in the following cases:
Termination of the employment contract (regardless of the reason for termination);
a single violation of the obligations assumed by him, connected with the non-disclosure and protection of trade secrets;
on the initiative of the Director of the Organization.
The termination of admission is carried out by the decision of the Director of the Organization, which is formalized in the form of an order in writing and is notified to the employee against the signature.
RESPONSIBILITY FOR DISCLOSURE OF CONFIDENTIAL INFORMATION
Persons who have disclosed confidential information, as well as persons who violated the procedure for access, work and storage of confidential information established by this Regulation, bear disciplinary, civil-law, administrative or criminal liability in accordance with the current legislation of the Russian Federation.
An employee who, in connection with the performance of his labor duties, has access to information constituting a trade secret owned by the Employer and its contractors, in case of intentional or reckless disclosure of this information in the absence of such an employee in the actions of such an employee, the offense is disciplined in accordance with the legislation of the Russian Federation Federation.
In case of disagreement with this Regulation or the refusal of an employee or a person to be employed, to give a written commitment to non-disclosure of confidential information, the latter must give a reasoned explanation of his disagreement or refusal.
An employee or a person hired to work may submit proposals for the content of this Regulation or an obligation to disclose confidential information. If the relevant arguments are found to be justified, the Employer must make changes or additions to this Regulation or to the obligation not to disclose confidential information.
The Decision of the Board of Directors Zayed Fund, LLC