1. Basic concepts
For the purposes of the Regulation on Confidentiality Policy of the Limited Liability Company "OPES FUND" (hereinafter - "Company", "Organization"), the following basic concepts are used:
Confidential information – information that is not publicly available and that can be used to achieve competitive advantages, improve the efficiency of business processes, or improve financial performance.
Commercial secret – confidential information that allows its owner, under existing or possible circumstances, to increase income, avoid unnecessary expenses, maintain their position in the market of goods, works, services, or obtain other commercial benefits.
Confidential regime – legal, organizational, technical and other measures taken by the owner of information constituting a Confidential information to ensure its confidentiality.
Owner of information constituting a Confidential information – a person who legally owns information constituting a Confidential information, restricts access to this information and has established a Confidential information regime in relation to it.
Subject of a Confidential information – an individual or legal entity that has access to information that constitutes a Confidential information and is obliged to observe its confidentiality regime.
Access to information constituting a Confidential information means that certain persons are made acquainted with information constituting a Confidential information, with the consent of its owner or by his order, provided that the confidentiality of this information is maintained.
Confidentiality secret protection measures – a set of actions and procedures aimed at preventing unauthorized access, use or disclosure of information constituting a Confidential information, including, but not limited to, physical protection, organizational measures and technical means.
Transfer of information constituting a commercial secret – transfer of information constituting a commercial secret and recorded on a tangible medium by its owner to a counterparty on the basis of an agreement to the extent and on the terms provided for in the agreement, including conditions for the counterparty to take measures established by the agreement to ensure its confidentiality.
Provision of information constituting a commercial secret – transfer of information constituting a commercial secret and recorded on a tangible medium by the owner to state authorities, other state organizations, and self-government bodies in order to perform their functions.
Disclosure of information constituting a commercial secret is an act or omission that results in the disclosure of information constituting a commercial secret in any possible form, including oral, written, or using technical means, to third parties without the consent of the owner of such information or contrary to an employment or civil contract.
Confidentiality agreement – a document in which the parties undertake not to disclose or use information that constitutes a Confidential information without the prior consent of the owner of this information.
Term of validity of the Confidentiality regime – the period of time during which information retains the status of a Confidential information, starting from the moment of its creation or receipt and ending with the moment when it becomes publicly available or loses its value.
2. General provisions
2.1 This Confidentiality Policy (hereinafter referred to as the "Regulation") regulates relations related to the protection and use of information constituting a commercial secret of the Limited Liability Company "OPES FUND" (hereinafter referred to as the "Company"), as well as determines the rights and obligations of the parties having access to such information.
2.2 This Regulation is introduced in order to ensure the economic security of the Company by establishing a Confidential information regime in relation to information constituting a Confidential information, as well as determining the procedure for classifying information as a "Confidential information", introducing a Confidential information regime and conditions for its protection, as well as liability for violation of the requirements established by this Regulation.
2.3 This Regulation applies to employees of the Company who are employed under an employment contract concluded with the Company, who have given an obligation not to disclose commercial secrets, as well as to persons with whom civil law contracts have been concluded with the Company, and to persons who have assumed an obligation not to disclose commercial secrets, in accordance with the procedure and on the terms.
2.4 Access to information related to commercial secrets and confidential information for persons who are not employees of the Company and do not work with the Company on the basis of civil law contracts is carried out on the grounds and in accordance with the procedure provided for by the Federal Law on Commercial Secrets and other regulatory acts.
2.5 Information constituting a Confidential information includes, but is not limited to, data on business processes, working methods, financial indicators, trading strategies, technological developments, as well as any other information that is not publicly available and has commercial value for Society. A specific list of information constituting a commercial secret is formed and updated in accordance with the Company's internal regulations.
2.6 The Company has the exclusive right to use and protect Confidential information by any means not prohibited by law at its sole discretion.
2.7 The Company monitors compliance with these Regulations, including conducting regular inspections and audits, as well as training its employees on the protection of Confidential information. In case of detection of violations, the Company has the right to apply disciplinary measures in accordance with the internal regulations. The Company reserves the right to control all employee activities on its territory.
2.8 These Regulations have been developed in accordance with the current legislation, the Company's Charter and other internal organizational and administrative documents of the Company approved in accordance with the established procedure.
3. The concept of Confidential information
3.1 A commercial secret is a set of information about the activities of the Company, its divisions, individual employees, and persons with whom cooperation is established, which, in accordance with these Regulations, are classified as a commercial secret and are used by the Company for the purpose of generating profit and (or) protecting data on the technologies used before competitors.
3.2 Information gets the status of a commercial secret if it has a real or potential commercial value because it is unknown to third parties, it is not freely accessible on a legal basis, and the owner of the information takes measures to protect it.
4. Powers of the General Director of the Company in the field of Confidential information protection
4.1 The General Director of the Company performs the following actions regarding the organization of work on the protection of Confidential information:
• organizes and controls the implementation of these Regulations;
• makes decisions on adding information to the Company's commercial secret;
• makes decisions on making changes and / or additions to the list of information constituting a commercial secret;
• organizes the development and implementation of measures in the field of protection of the Company's commercial secrets;
• within its competence, it resolves other issues related to the processing of Confidential information, as well as its protection.
5. Confidential Policy mode
5.1 The Company operates a commercial confidential regime, which includes a set of the following measures:
• determining the transfer of information that constitutes a commercial secret of the Company;
• restricting access to information constituting a commercial secret by establishing procedures for handling this information and monitoring compliance with such procedures;
• accounting of persons who have obtained access to information constituting a Confidential information by keeping a Log of employees' familiarization with regulatory documents on working with Confidential information;
• accounting of persons to whom information constituting a commercial secret was transferred, by keeping a log of the transfer of information constituting a commercial secret;
• regulation of relations on the use of information constituting a Confidential information by employees on the basis of employment contracts, non-disclosure agreements, and persons with whom cooperation is established on the basis of an obligation not to disclose Confidential information;
• on material media containing information constituting a commercial secret, the label "Commercial Secret" is applied with the indication of the Company-owner of this information;
• conducting regular trainings and seminars for employees on the protection of Confidential information and current threats related to information leakage;
• development and implementation of a system for monitoring and analyzing risks associated with possible leaks of Confidential information in order to respond to potential threats in a timely manner;
• establishing clear procedures for processing and storing information containing Confidential information, including the use of secure servers and data encryption;
• ensuring the physical security of premises where information constituting a Confidential information is stored, including access control and video surveillance.
5.2 The label "Confidential information" is placed in the upper-right corner of the first page of the document, on the cover or title page of the publication and on the first page of the cover letter to these materials. The label "Commercial secret" may be applied to electronic media and other hardware media containing information containing "Commercial Secret".
5.3 Making copies, as well as making extracts from documents marked "Commercial secret" and distributing them is carried out by employees with the written permission of the authorized person.
5.4 Each employee of the Company is obliged to read these Regulations against signature and gives an obligation in writing on liability for violation of the commercial secret regime.
5.5 Employees are obliged not to disclose information that constitutes a commercial secret of the Company, including after the termination of their employment relationship with the Company, unless otherwise provided by the terms of the contract or obligation they have entered into.
5.6 If the facts of disclosure of commercial secrets are revealed, employees who are among the holders of such information are obliged to immediately inform the Company's management and the heads of their structural divisions about this.
5.7 Employees of the Company are obliged to inform the Company's management in writing and orally about the reasons and conditions for possible leakage of information containing commercial secrets.
5.8 Contracts concluded by the Company in the person of any authorized persons that contain information related to information constituting a commercial secret of the Company must contain a condition on maintaining confidentiality by counterparties.
5.9 Persons guilty of violating the Company's Confidential information regime are brought to the established liability.
5.10 If necessary, the Company has the right to conduct internal investigations on the facts of possible disclosure of Confidential information, including surveys of employees and analysis of access to information.
6. Procedure for termination of access to Confidential information
6.1 Access to Confidential information for employees and persons with whom cooperation has been established may be terminated in the following cases:
• termination of the employment contract (regardless of the reasons for termination);
• violation by the employee and the person with whom cooperation is established of the obligations assumed related to non-disclosure and protection of commercial secrets;
• at the initiative of the Company's management.
7. Liability for disclosure of Confidential information
7.1 Violation of these Regulations entails disciplinary, civil and administrative liability in accordance with the legislation.
8. Final provisions
8.1 These Regulations come into force from the moment specified in the Order of the Head of the Company on approval of these Regulations, and are valid until the cancellation of the Regulation.
8.2 Changes in the list of information constituting a Company's Confidential information, changes in the Company's Confidential information regime are made on the basis of an order of the Company's head and do not entail cancellation of these Regulations. These Regulations may be amended or supplemented by a decision of the Company's management. All changes and additions must be made in writing and communicated to all interested parties.
8.3 In case of disagreement with these Regulations or the list of information constituting a Confidential information, or if an employee or a person being hired refuses to give a written obligation not to disclose a Confidential information, the latter must give a reasoned explanation of his disagreement or refusal, make suggestions on the content of these Regulations or the list of information constituting a Confidential information, or obligations Confidential information.
