The Russian-language version of this document is the governing text. This translation is provided for convenience.
This Agreement governs the handling of information a User gains access to on the Platform at velpharmbid.ru, operated by Общество с ограниченной ответственностью «Велфарм» (the "Operator").
1. Confidential information
1.1. Confidential information means any information that becomes known to the User in connection with use of the Platform, including:
- names, characteristics and volumes of the positions being purchased;
- delivery and payment terms and delivery bases;
- prices and other terms of commercial offers;
- the identity of participants in procurement procedures;
- the contents of correspondence within procurement procedures;
- the outcome of procedures before it is formally announced;
- information about the Operator's internal processes and counterparties.
1.2. Federal Law No. 98-FZ of 29 July 2004 applies to information constituting a trade secret.
2. Permitted purpose
2.1. The User may use Confidential information solely to take part in the specific procurement procedure they were given access to, or to organise such a procedure.
2.2. Use for any other purpose is not permitted, including to set pricing towards third parties, to pass to third parties, or to load into the User's own systems or analytical materials.
3. Obligations of the receiving party
3.1. The User undertakes to:
- not disclose Confidential information to third parties without the
Operator's prior written consent;
- limit access to those employees who need it for the permitted purpose, and
ensure they take on corresponding obligations;
- apply the protective measures customary in business practice for information
of this kind;
- notify the Operator immediately of any disclosure that comes to their
knowledge.
3.2. At the Operator's written request the User must, within 5 (five) business days, return or destroy the documents received and their copies, and confirm this by deed. For information held electronically, the obligation is met by deleting it from the User's systems.
4. Exceptions
4.1. These obligations do not apply to information that:
- is lawfully freely available to any third party, other than public
authorities;
- was generally known at the time of disclosure, or later became generally
known other than through the User's act or omission;
- became publicly known through the Operator's own actions.
4.2. Disclosure required by an authorised state body or an effective court order is not a breach. The User must notify the Operator before disclosing, unless prohibited by law, and disclose only what is required.
5. Information generated by the Platform
5.1. The Platform records User actions that change the state of a procurement procedure. These records exist for traceability, cannot be altered, and are retained regardless of whether the User's access ends.
5.2. The Operator may use depersonalised and aggregated information about procedures for internal analysis and to improve the Platform. Such information must not make the terms of any individual participant's offer identifiable.
6. Term and liability
6.1. These obligations remain in force for 5 (five) years after the User's access to the Platform ends.
6.2. A party in breach shall compensate documented and proven actual damage. The burden of proving disclosure and the amount of loss lies with the owner of the information.
6.3. Confidential information remains the property of its owner. Neither this Agreement nor the fact of disclosure transfers any exclusive rights.