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1. General provisions

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1.1. Regulations on Confidential Information and Trade Secrets of MIA PCL (hereinafter - the Regulations) developed on the basis of the Civil Code of Ukraine, the Commercial Code of Ukraine, the Law of Ukraine "On Information", the Law of Ukraine "On Access to Public Information", the Law of Ukraine On Protection against Unfair Competition ", Resolution of the Cabinet of Ministers of Ukraine" On the List of Information Not Confidential Information and Trade Secrets "of August 9, 1993 № 611, legislation of Ukraine in the field of intellectual property, taking into account the Statute - MIA PCL), based on the need to protect the property and non-property interests of MIA PCL, arising in connection with various types of commercial activities, in order to maintain, protect and defend confidential information and trade secrets.

This Regulation is a local regulation that establishes the rights, duties, responsibilities of employees in the field of confidentiality and trade secrets.

1.2. The Regulation defines the procedure for all persons to be classified as "information constituting confidential information and trade secrets of MIA PCL" and the rules for storing and accessing such information, the possibility of its disclosure and transfer to third parties.

1.3. This Regulation is aimed at preventing possible economic and reputational damage to MIA PCL and applies to any person to whom the confidential information and trade secret of MIA PCL has become known through their official or other activities.

1.4. The requirements and rules set out in this Regulation are mandatory for all employees, officials of MIA PCL.

1.5. For the purposes of this Regulation, the following terms are used in the following sense:

Confidential information of MIA PCL is information in the possession, use and/or disposal of "MIA PCL", defined by these Regulations or orders of MIA PCL, which are its integral parts and are distributed only with the permission of persons. All confidential information that is a trade secret is and should remain the property of "MIA PCL".

Official information is information obtained in the course of the activities of MIA PCL employees or other persons legally owned by MIA PCL.

The owner of the official information created by the employees of MIA PCL on behalf of and / or at the expense of PREMER CONSULTING is "MIA PCL".

 

All official information of MIA PCL is confidential.

 

The trade secret of MIA PCL is the information connected with economic, scientific and technical, technological activity, management, finances and other, defined by this Provision or orders on MIA PCL, activity of the MIA PCL,) which may harm the interests of MIA PCL. The administrator of commercial information created by an employee of MIA PCL within the framework of labor relations is the Higher Educational Institution "MIA PCL". Information constituting a trade secret MIA PCL may be disclosed only with the written permission of the authorized person. PREMIERR CONSULTING is also a trade secret, both documented and undocumented confidential information, ie information not available to third parties that is valuable to MIA PCL in gaining an advantage over competitors and making a profit that can be disclosed.

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2. List of constituent information trade secret MIA PCL

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2.1. The information that constitutes a trade secret of MIA PCL is information about:

2.1.1. MIA PCL plans on strategic directions of development, landmarks of perspective researches, expansion of activity, planning of creation of subsidiaries, branches, etc.

2.1.2. MIA PCL business tactics, information about the situation and marketing research MIA PCL.

2.1.3. Information on financial activities of MIA PCL:

― information on the remuneration system;

― information disclosing the indicators of the financial plan;

― the cost of inventories;

― information on the balance of MIA PCL;

― information on financial transactions MIA PCL;

― information on the status of bank accounts MIA PCL;

― internal accounting and financial reports;

― information on the level of income MIA PCL.

2.1.4. General, production and organizational structure MIA PCL.

2.1.5. Persons who make key decisions and information about the ways and means of management of MIA PCL in MIA PCL.

2.1.6. Correspondence MIA PCL.

2.1.7. Relations with citizens and legal entities of Ukraine and other foreign countries.

2.1.8. Services provided by MIA PCL on a contractual basis, including information on how to provide and implement MIA PCL services.

2.1.9. Relationships, nature and content of industrial, commercial and financial relations MIA PCL with clients, contractors and partners MIA PCL, as well as with foreign and international individuals and legal entities.

2.1.10. Information received from MIA PCL clients regarding their marketing plans.

2.1.11. Subject and results of negotiations with partners, clients and contractors MIA PCL.

2.1.12. Issues discussed at meetings and meetings MIA PCL.

2.1.13. Terms of contracts concluded with clients, contractors and partners MIA PCL.

2.1.14. Actual status of settlements with clients, contractors MIA PCL and other third parties.

2.1.15. MARKET AND PRICE POLICY MIA PCL, including information on the cost of services.

2.1.16. EMPLOYEES of MIA PCL, including the amount of their salaries, incentives and / or penalties.

2.1.17. MIA PCL databases, as well as forms of its internal documents.

2.1.18. Objects of copyright and other creative developments, concepts, ideas, programs of disciplines, author's teaching methods, models, drawings, images, etc., created on behalf of or at the expense of MIA PCL, until their publication MIA PCL.

2.1.19. The results of intellectual work of MIA PCL, which were created in the course of his economic activity.

2.1.20. Know-how in written and / or electronic format.

2.1.21. Computer program codes and software algorithms.

2.1.22. Other information that is not available to third parties and has real and potential commercial value.

 

2.2. The head of MIA PCL has the right to refer to confidential information or trade secrets and other information not specified in clause 2.1. of this Regulation, by issuing a separate order, which is communicated to all employees of MIA PCL for signature, and a copy of which is an integral part of the Regulation.

 

2.3. The list of information that cannot constitute a trade secret is established by the current legislation of Ukraine. In particular, according to the Resolution of the Cabinet of Ministers of Ukraine of August 9, 1993 №611 "On the list of information that does not constitute confidential information and trade secrets" trade secrets are not:

― constituent documents, documents that allow you to engage in business or economic activities and its individual types;

― information on all established forms of state reporting;

― data necessary to verify the calculation and payment of taxes and other mandatory payments;

― information on the number and composition of employees, their salaries in general and by professions and positions, as well as the availability of vacancies;

― documents on payment of taxes and mandatory payments;

― information on environmental pollution, non-compliance with safe working conditions, sale of products that cause harm to health, as well as other violations of the laws of Ukraine and the amount of damage caused;

― solvency documents;

― information on the participation of officials of enterprises in cooperatives, small enterprises, unions, associations and other organizations engaged in entrepreneurial activities;

― information that is subject to announcement in accordance with current legislation.

2.4. MIA PCL is obliged to submit those listed in clause 2.3. of this Regulation information to the bodies of state executive power, controlling and law enforcement bodies, other legal entities in accordance with current legislation, at their request.

 

 

3. Access to confidential information and trade secrets. 

Responsibilities of employees

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3.1. The following employees have access to confidential information and trade secrets:

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- Director;

- Vice President;

- Chief Accountant;

- academic director;

- other employees admitted to confidential information and trade secrets.

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3.2. Employees of MIA PCL are prohibited from:

- bring information that constitutes a trade secret outside the territory of MIA PCL on paper and other media;

- use the specified information during written correspondence.

3.3. Employees of MIA PCL are obliged to:

3.3.1. Use confidential information and trade secret information solely for the purpose of performing your official duties, as well as the terms of contracts and agreements concluded between MIA PCL and the employee in writing.

3.3.2. Adhere to the regime of protection of confidential information and trade secrets when working with electronic information MIA PCL, which provides for unconditional compliance with the "Rules for working with paper and electronic media that constitute confidential information and trade secrets" (Annex 1).

3.3.3. Keep and prevent the disclosure (leakage) in any way of information specified in these Regulations or orders of MIA PCL as confidential information or trade secret, which will be entrusted to him or become known in the course of employment.

3.3.4. Do not transfer in any form and do not provide access to third parties to confidential information or trade secrets specified in these Regulations and orders of MIA PCL, without the written permission of the management of MIA PCL (Authorized Persons).

3.3.5. Inform the head of MIA PCL (or the Authorized Person) no later than 2 hours from the moment when he became aware of the following facts about:

- loss or detection of lack of confidential documents MIA PCL, including seals, keys, passes, etc.;

- attempts to gain unauthorized access to information constituting confidential information and / or trade secrets MIA PCL;

- circumstances that prevent the preservation and non-disclosure of information that constitutes confidential information or trade secret MIA PCL;

- facts of dissemination (leakage) of confidential information or trade secrets.

If the employee does not report the above facts known to him later than 2 hours from the moment, they became known to him, he is considered to have breached the obligation.

3.3.6. Return MIA PCL all originals and copies of confidential documents available to the employee, both in paper and electronic form, after the completion of work on projects in which the employee joined, or after the decision to dismiss him.

3.3.7. Do not create opportunities for third parties by any acts or omissions to obtain confidential information and trade secrets.

3.3.8. Comply with the requirements established by current laws and other regulations of Ukraine on the protection and safeguarding of confidential information and trade secrets.

3.4. The head of MIA PCL (or the Authorized Person) is obliged to:

- instruct the employee on the protection and protection of confidential information or trade secrets and before starting work in MIA PCL to inform him "Rules for working with paper and electronic media, which constitutes confidential information and trade secrets";

- ensure the protection of digital communication channels and create appropriate conditions in the offices of MIA PCL to prevent the occurrence of circumstances that prevent the preservation and non-disclosure of information constituting confidential information or trade secrets of Premier Consult;

- take the necessary measures to stop the leakage of information that in accordance with this Regulation contains confidential information or trade secrets, in case of violations of the terms of this Regulation;

- bring the perpetrators to justice established by the current legislation of Ukraine on the protection of confidential information and trade secrets.

3.5. MIA PCL employees have the right to work only with information and documents that contain trade secrets and confidential information MIA PCL, to which they have access by virtue of their official duties, and must know what specific information is subject to protection. follow the rules of their use.

3.6. In order to protect confidential information and trade secrets, employees who, in connection with their job responsibilities, need access to information constituting a trade secret, should be acquainted with this Regulation.

 

 

4. Liability for violation of the Regulations

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4.1. Disclosure of confidential information and trade secrets means:

- disclosure of information, the possession of which is within the scope of official duties of the employee, other employees who do not have access to them, as well as third parties who are not employees of MIA PCL;

- disclosure of information obtained by chance to employees who do not have access to it, as well as to third parties who are not employees of MIA PCL;

- obtaining information constituting a trade secret, using special means or by illegal means.

4.2. Responsibility for the disclosure of commercial information lies with each employee of MIA PCL who has access to it and allowed its disclosure.

4.3. An employee who in connection with the performance of official duties has gained access to information constituting a trade secret, in case of intentional or negligent disclosure of this information in the absence of such an employee of the crime is disciplinary, and in cases established by law civil legal, administrative, and criminal liability in accordance with the law.

4.4. MIA PCL employees are responsible for admission to the premises of third parties, conducting inspections, photographs and videos of objects located on the territory of MIA PCL, for accessing these persons to personal computers.

4.5. Disciplinary action is taken and employees are held liable for disclosing confidential information and trade secrets by the Vice President of MIA PCL in accordance with the Labor Code of Ukraine.

4.6. Prosecution of administrative, civil and criminal liability for disclosure of confidential information and trade secrets is carried out by law enforcement agencies at the request of MIA PCL in accordance with applicable law.

4.7. For each detected case of non-fulfillment or improper fulfillment by the employees of MIA PCL of the duties for protection of confidential information and trade secret of MIA PCL, an official investigation is conducted, the results of which are recorded in the minutes.

4.8. If the dissemination of confidential information or trade secrets is due to the fault of persons belonging to the management of MIA PCL (Authorized Persons), the issue of bringing them to justice is decided in accordance with the agreement between them and the owner of MIA PCL in accordance with current legislation of Ukraine.

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APPENDIX № 1 

to the Regulations on Confidentiality and Commercial Secrets of MIA PCL

 

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RULES OF WORK

with paper and electronic media, constituting confidential information and trade secrets

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An employee of MIA PCL is prohibited from:

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1. Transfer to third parties paper and electronic media and disclose to the public information that is confidential and constitutes a trade secret of MIA PCL without the consent of its head or the Authorized Person.

2. Take copies of documents on paper and other media that contain information that is confidential and constitutes a trade secret, or make extracts from them, if it is not part of the employee's duties and is not a production necessity.

3. Use various technical means (video and sound recording equipment, various electronic media, etc.) to record information that is confidential information and is a trade secret, without the permission of the management of MIA PCL.

4. Take out (send) documents and other media of information that is confidential and constitute a trade secret, from office premises, if it is not provided by internal documents of MIA PCL or production necessity.

5. Leave open documents and electronic media containing information that is confidential and a trade secret, unattended on the desktop, on a computer monitor screen and in shared media (copier, printer, etc.) and in other places where outsiders can get acquainted with it.

6. Negotiate issues related to confidential information and / or trade secrets in the presence of third parties and employees of MIA PCL that are not relevant to these issues.

7. To provide contractors at their request during the conclusion of contracts or agreements with information that is confidential and constitutes a trade secret of the Company, without the prior consent of the head of MIA PCL (or the Authorized Person).

8. Use unprotected open communication channels to transmit information containing confidential information and / or trade secrets, as well as use such information in open correspondence, articles and speeches.

9. Use and disclose to a known employee information that is confidential and constitutes a trade secret MIA PCL, in case of dismissal.

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An employee of "MIA PCL" is obliged

immediately notify the head of MIA PCL (or the Authorized Person) of:

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1. He is aware of attempts by third parties to obtain information about information constituting confidential information and / or trade secrets MIA PCL.

2. Loss, detection of shortage or distortion of information media that constitutes confidential information and / or trade secret MIA PCL (seals, keys, passes and other documents).

3. Circumstances that prevent the preservation and non-disclosure of information that constitutes confidential information or trade secret MIA PCL.

4. Facts of dissemination (leakage) in any other way of confidential information or information that constitutes a trade secret of MIA PCL.