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Bob Hubbard
Joined: 14 Feb 2009
Posts: 171
Location: WNY
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 Posted: 2/24/2009, 4:55 pm Post subject: Non Disclosure Agreements? |
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How many folks use NDA's with their staff?
I use an electronic one with 1 site, and for my other 2 require a notarized paper version. I switched to paper after I had a case with a now former mod and banned member who contacted a minor members school and put us at legal risk.
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Patrick
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Joined: 28 Aug 2005
Posts: 3355
Location: Harbinger, NC, U.S.A.
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Bob Hubbard
Joined: 14 Feb 2009
Posts: 171
Location: WNY
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| Posted: 2/24/2009, 10:23 pm Post subject: |
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Pretty standard NDA. We actually have 3 different ones. This one's for US use, in states that don't charge you for Notary. We have another for the UK and one for Canada as well. Biggest difference is replacing Notary with Witness.
I bind both MT and KT together here, because both sites often will share staff, and problem user information, as well as the regular cross traffic of members.
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NON-DISCLOSURE AGREEMENT
This Agreement is entered into this ___ day of ________, 200__ by and between ______________________ (hereinafter "Recipient") and MartialTalk.com & KenpoTalk.com, with offices in Buffalo NY (hereinafter "Discloser").
WHEREAS Discloser possesses certain ideas and information relating to MartialTalk.com & KenpoTalk.com that is confidential and proprietary to Discloser (hereinafter "Confidential Information"); and
WHEREAS the Recipient is willing to receive disclosure of the Confidential Information pursuant to the terms of this Agreement for the purpose of Forum Moderation and Administration;
NOW THEREFORE, in consideration for the mutual undertakings of the Discloser and the Recipient under this Agreement, the parties agree as follows:
1. Disclosure. Discloser agrees to disclose, and Receiver agrees to receive the Confidential Information.
2. Confidentiality.
2.1 No Use. Recipient agrees not to use the Confidential Information in any way, or to manufacture or test any product embodying Confidential Information, except for the purpose set forth above.
2.2 No Disclosure. Recipient agrees to use its best efforts to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person other than Recipient having a need for disclosure in connection with Recipient's authorized use of the Confidential Information.
2.3 Protection of Secrecy. Recipient agrees to take all steps reasonably necessary to protect the secrecy of the Confidential Information, and to prevent the Confidential Information from falling into the public domain or into the possession of unauthorized persons.
3. Limits on Confidential Information. Confidential Information shall not be deemed proprietary and the Recipient shall have no obligation with respect to such information where the information:
(a) was known to Recipient prior to receiving any of the Confidential Information from Discloser;
(b) has become publicly known through no wrongful act of Recipient;
(c) was received by Recipient without breach of this Agreement from a third party without restriction as to the use and disclosure of the information;
(d) was independently developed by Recipient without use of the Confidential Information; or
(e) was ordered to be publicly released by the requirement of a government agency.
4. Ownership of Confidential Information. Recipient agrees that all Confidential Information shall remain the property of Discloser, and that Discloser may use such Confidential Information for any purpose without obligation to Recipient. Nothing contained herein shall be construed as granting or implying any transfer of rights to Recipient in the Confidential Information, or any patents or other intellectual property protecting or relating to the Confidential Information.
5. Term and Termination. The obligations of this Agreement shall be continuing until the Confidential Information disclosed to Recipient is no longer confidential.
6. Survival of Rights and Obligations. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by (a) Discloser, its successors, and assigns; and (b) Recipient, its successors and assigns.
7. This Agreement shall be governed by the laws of the State of New York and the laws of
The United States of America therein.
8. This Agreement is valid when signed by both parties, and is effective the later of the dates.
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Patrick
Administrator
Joined: 28 Aug 2005
Posts: 3355
Location: Harbinger, NC, U.S.A.
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Ryan
Moderator
Joined: 10 Sep 2005
Posts: 1135
Location: New York, United States
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| Posted: 2/25/2009, 9:37 pm Post subject: |
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Very formal, good idea too! 
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Anarane
Joined: 10 Feb 2009
Posts: 18
Location: Indiana, USA
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| Posted: 2/28/2009, 12:34 pm Post subject: |
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On my communities, we use a DPA (Data Protection Agreement). This agreement is under the German Federal Data Protection Act or Bundesdatenschutzgesetz (BDSG). All of the GameForge Communities are German-based. So, even the .us communities must concede with these policies, even if in the US, we do not have these laws.
Here is what a standard GameForge DPA states:
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Obligation to data security
Besides the existing secrecy regulations of our enterprise applies for you due to your tasks the data secrecy according to § 5 federal data security law (Bundesdatenschutzgesetz (BDSG)).
According to it, persons working at data processing are forbidden to process, to announce, to make accessible or to use protected personal data (see paragraph 5) in another way than for the respective task fulfilment.
In accordance with the laws we have to oblige you for data securicy. This obligation is also valid after completeion of the respected employment, that means also after your seperation from the project.
Offences against data securicy may get punished according to § 43, 44 BDSG and other relevant legislation with a fine or imprisonment.
The protection of personal data (single specification about personal or factual conditions of a determined or assignable natural person, e.g. email adresses, passwords etc.) according to BDSG extends on personal data saved in card indices and files, regardless of the used procedure during the process. The law therefore protects all data collections with personal data (e.g. card indices, record forms, punch cards, magnetic tapes, disks, microfilm recordings etc.). The data security measures, derived from the data securicy, concern data collections and procedures which contain or work with personal data.
It is your and our interest, apart from the observance of legal obligation according to BDSG and the principles of duly data processing, to immediately inform wether the responsible superior or the commissioner for data securicy about lack of data securicy, data saving and in questions of correctness.
If your countries criminal law does not accept the execution of foreign
law on its own citizens, the following applies:
If you are a citizen of the european union, in addition to accepting
the following obligations on the german BDSG, you are hereby obliged on
the European Convention on Cybercrime, giving the same rules and
conditions.
If you are non-EU-citizen, you hereby accept the german BDSG's content in all.
You also accept and are aware that each violation of the terms of the
BDSG will terminate your employment with “Gameforge GmbH"
We ask you to send back the overleaf explanation of obligation signed to the issueing location.
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Bob Hubbard
Joined: 14 Feb 2009
Posts: 171
Location: WNY
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| Posted: 2/28/2009, 1:47 pm Post subject: |
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Thank you for sharing that.
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Patrick
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Posts: 3355
Location: Harbinger, NC, U.S.A.
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