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Confidentiality Agreement on Access to Nonpublic Personal Data
Updated 4 Days Ago

Preamble

By typing your name below, clicking the check box, and clicking the "Sign Document" button below, you acknowledge that you have reviewed and agree to this binding confidentiality agreement between you and the WickedGov office. Among other things, you must:

  • Keep nonpublic information, as defined in this confidentiality agreement, confidential;
  • Obtain prior written approval from the WickedGov office if you determine such information should be disclosed to any outside parties, such as law enforcement; and
  • Comply with the WickedGov Privacy Policy and the access to nonpublic personal data policy; and
  • Provide to the WickedGov office a valid email address linked to the account under which you have or are applying for access rights.

You provide critical and valuable services and support to the WickedGov movement, and the success of our projects depends on authorized WickedGov community members like you. In return, you may be entrusted with confidential nonpublic information, including private user information. This agreement between you and the WickedGov office reflects our mutual commitment to protecting that information. By digitally signing and submitting this document you certify that you are at least 16 years of age and acknowledge that you have reviewed and agree to this confidentiality agreement, which is between you and the WickedGov office.

Nonpublic information. Nonpublic information is private information, including private user information, which you receive either through the use of tools provided to you as an authorized WickedGov community member or from other such members. Nonpublic information includes "personal information" as defined by the WickedGov Privacy Policy, IP addresses, and other personally identifying information that are not otherwise publicly available. It does not include information about a user that that user has made public on the WickedGov projects.

Exceptions to Nonpublic Information. Nonpublic Information does not include any information which (a) was publicly available at the time of disclosure; (b) became publicly available after disclosure without breach of this policy by you; (c) was in your possession before disclosure, as evidenced by your written records, and was not part of an earlier confidential provision of a WickedGov policy; or (d) is required by law to be disclosed by you, but you promise to give the WickedGov office prompt notice of such legal requirement and comply with any protective order imposed on such disclosure.

Authorized community members. Authorized community members are WickedGov office users who are entrusted, through a valid community- or office-run process, with information covered by the WickedGov Privacy Policy. This includes community members with access to any tool that permits them to view nonpublic information about other users or members of the public, community members with the ability to access content or user information which has been removed from administrator view, and volunteer developers with access to nonpublic information. Authorized WickedGov community members may include, for example, suppressors, checkusers, volunteer developers, and other similar authorized roles.

Protection of nonpublic information. You agree to:

  • Comply with the Privacy Policy; the Access to nonpublic personal data policy; and any other applicable and nonconflicting community policy relating to nonpublic information;
  • Refrain from disclosing nonpublic information to anyone, except as permitted under those policies;
  • Reasonably safeguard your account against unauthorized access and use;
  • Engage in the access, use, and disclosure of nonpublic information only as needed and allowed in your role as an authorized WickedGov community member; and
  • Email office@wickedgov.org an explanation of the nonpublic personal data you wish to disclose to outside parties such as law enforcement at least 10 days prior to the date of your anticipated disclosure.

Violation. You agree that, in case of a violation of this agreement, including improper access, use, or disclosure of nonpublic information:

  • You will notify the WickedGov office (at office@wickedgov.org) of the violation immediately;
  • You will delete or otherwise destroy all nonpublic information in your possession and control, if instructed by the WickedGov office;
  • Your access to nonpublic information may be terminated; and
  • The WickedGov office may pursue available legal remedies, including injunctive relief or, in the case of willful intent, monetary damages.

Other provisions. You also agree:

  • This agreement does not create an employment, agency, partnership, or joint venture relationship between you and the WickedGov office;
  • You may not transfer or assign your rights or obligations under this agreement;
  • You are solely responsible for how you access and use nonpublic information, and your activity or account may be reviewed by other authorized users or the WickedGov office; and
  • The laws of the Commonwealth of Massachusetts and the United States of America will govern this agreement (without reference to conflict of law principles).