In this Regulation, “Confidential Information” means any document or information (of an economic, financial, technical, commercial, strategic or any other kind) made available by SCB SAD, or any individual or legal person acting on its behalf, to the Participants, by any means (whether orally, in writing or recorded on any type of medium) and at any time. All analysis, compilations of information, studies, summaries, extracts or documents of any kind prepared by SCB SAD based on Business Information shall also be considered Confidential Information.
In particular, and without prejudice to the foregoing, the concept of Confidential Information includes any document or information: (i) identified as being confidential or containing a similar indication; (ii) that is designated by SCB SAD, in writing or orally, as Confidential Information; (iii) that has commercial value; (iv) that is not generally available to the public; or that, (v) due to its nature or the circumstances of its disclosure, should in good faith be treated as confidential.
The following information shall not be considered Confidential Information:
(A)         information that, prior to participation in the Programme, is in the public domain, or becomes public after that date, provided that the publication of the information is not due to a breach of this Regulation by the Participants or any of their staff, consultants or auditors;
(B)         information that is not of a confidential nature and that is in the possession of the Participants prior to its disclosure by SCB SAD, or of which the Participants become independently aware (provided that this fact is disclosed to SCB SAD); and
(C)        information obtained from any third party without there having been a breach of this Regulation.
The Participants undertake before SCB SAD the fulfilment of the following obligations (and to ensure that they are fulfilled by their staff, consultants or auditors):
(A)         guarantee the secrecy and confidentiality of the Confidential Information at all times and refrain from communicating or disclosing it, directly or indirectly (orally or in writing), to any other person or entity without the prior written consent of SCB SAD (which may be provided by any means SCB SAD deems appropriate), with the sole exception of staff, consultants and auditors collaborating with the Participants who are actively and directly involved in the participation in the SCB INNOVATION HUB or if the disclosure has been expressly authorised under the terms of this Regulation. The Participants shall inform the people to whom they disclose Confidential Information of the confidential nature thereof. The Participants undertake to ensure that the Confidential Information does not become known to any third party for reasons attributable to them or their staff, consultants or auditors; and
(B)         refrain from using the Confidential Information for any purpose (including, without limitation, commercial or market purposes) other than the participation in the SCB INNOVATION HUB and the negotiations related thereto.