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TERMS AND ABBREVIATIONS
1. Compliance laws, rules and standards – laws and other legislative acts regulating the performance of the HIRETT, standards set by self-regulating institutions, related to the activity of the HIRETT, professional codes of conduct and ethics and other standards of good practice related to the activity of the HIRETT.
2. Employee – a physical person who has actual legal relationship with the HIRETT based on a labour contract or other legal arrangement, including Members of the Board of the HIRETT.
3. Internal normative documents – documents that are issued by the HIRETT and which regulate the performance of the HIRETT, separate structural units or employees, for instance, policies, procedures, regulations, instructions.
4. Procedure – HIRETT procedure for ensuring confidentiality.
5. Parties – HIRETT and the Employee.
6. HIRETT – HIRETT Limited
1 GOAL
Goal of the Procedure is to define the access of the HIRETT to confidentiality and to determine the procedure in which the HIRETT provides observance of confidentiality.
2 GENERAL REGULATIONS
1. Confidentiality of the HIRETT is provided according the compliance laws, regulations and standards regulating payment institution sector.
2. This Procedure is regularly reviewed in order to provide its topicality and compliance to the changes in the HIRETT activity and the external conditions impacting the HIRETT activity or, after the changes in the compliance laws, regulations and standards that regulate the issues determined in this Procedure. The required changes in this procedure and other internal normative documents of the HIRETT are approved by the HIRETT Board.
3. When performing the Procedure requirements, the HIRETT employees have to observe not only the internal normative documents of the HIRETT, but also the binding compliance laws, regulations and standards, particularly the Law of payment service and electronic money.
4. When performing requirements of the Procedure, the HIRETT employees have to provide performance of their obligations in such scope and quality that in the result of performed work obligations the HIRETT does not violate the requirements of the internal normative documentation and the binding compliance law, regulations and standards.
5. The HIRETT board determines the person who is responsible for the performance of the requirements mentioned in this Procedure in the HIRETT.
3 PROVISIONS OF CONFIDENTIALITY
1. Confidential information means the information that is in possession, usage or disposal of the HIRETT, which according the internal normative documentation of the HIRETT has the classification (category) that is higher than public, that is written or electronic information that the HIRETT passes to the employee and the employee obtains it from the HIRETT regarding the labour contract or other legal relationship of the Parties described in the legal transaction.
2. The confidential information is considered to be as well:
1. Commercial secrets of the HIRETT;
2. Information on the relationship of the Parties mentioned in the mutual contract as well as any purposes or determinations of the parties expressed in writing regarding the relationship of the parties described in respect to the contract;
3. Any information expressed in writing or verbally by the HIRETT, its customers, collaboration partners or employees or fixed by any other way;
4. Summary of public information, where each separate part is public information, but summary of this information is not summarized nowhere else or analysed in mutual relation.
3. Information, documents and other materials are not considered to be confidential information, if the information at the moment of its disclosing has been known to the society.
4. The employee considers and comprehends that the confidential information is important property belonging to the HIRETT or being in its usage or disposal.
5. The HIRETT completely maintains all the rights to the confidential information, including, but not only – property rights, copyright and any other equal rights, thus the Employee does not get any rights to confidential information.
6. The Employee undertakes to keep and protect confidential information and not to disclose it to the third parties, physical or legal, except cases determined in Section 4.9 of the Procedure.
7. The Employee takes the responsibility for damage that occurs to the HIRETT, if the employee violates the requirement for ensuring confidentiality established in this Procedure.
8. The Employee is entitled to use confidential information only for such purpose that provides implementation of employee liability performance determined in the mutual contract of the Parties. The employee is not entitled to use the received confidential information for selfish, commercial or other purposes not complying with the other objectives of mutual contract of the Parties.
9. The Employee is entitled to disclose confidential information in such cases:
1. The employee expresses or passes it to the third parties according to the current valid requirements of normative acts and in cases, scope and procedure established in laws and regulations;
2. The employee discloses or passes it to the third parties according to the requirements of current internal normative documentation valid in the HIRETT and the in cases, scope and procedure established in the internal normative documents;
3. The employee passes it to the third parties, receiving the respective written permit from the other HIRETT to act in such a way;
4. It has become publicly known or available, apart the will of the employee;
5. It is known to the HIRETT at the moment of its disclosure.
10. The prohibition of confidential information disclosure is valid both during the labour contract or during the other legal relationship or after it.
11. The employee agrees to compensate to the HIRETT all the damages, costs or expenses that have occurred to it, if the employee violates or does not observe the regulations of the confidentiality obligations.
12. If the labour contract or other legal relationship is terminated due to any reason, the employee immediately passes all the confidential information to the HIRETT that is received in any form from it, including the duplicates or copies made by the employee.
4 SECURITY OF CONFIDENTIAL INFORMATION
1. The HIRETT provides the respective protection level to the confidential information and does all the required technical and managerial measures in order to prevent unauthorised access, processing or other activities with confidential information that causes or may cause threats to confidentiality or otherwise contradicts the requirements of compliance law, regulations and standards regulating the sphere.
2. Technical and organising measures of confidential information shall be determined in the internal normative documents of the HIRETT.
3. It is forbidden to the employee to connect to the HIRETT resources of information technology (computer programmes, computers, etc.) or get acquainted with information resources (documents) that are not provided (required) for performance of work obligations.
4. The permit to get access to the information resources (documents) to the HIRETT employee is granted according to the internal normative documents of the HIRETT and basing on the written application submitted and accepted by the HIRETT chairman of the board, where the scope of access is indicated.
5. The HIRETT provides that the requirements regarding prohibition of confidential information disclosure determined in this Procedure are established contractually also regarding the persons whose activity is or may be related to the transaction processing in the HIRETT interests.