The following is the policy of the BayBio Expert Network concerning the disclosure and use of confidential information provided to us by its users. The BayBio Institute, which administers the Expert Network, believes it is important for you, as a prospective user, to understand and agree to this policy before you disclose any information that you wish to be kept confidential.
Confidential Information. For the purposes of this policy and agreement, information is only deemed “confidential” if it meets the following requirements:
The information is not known by or readily available to the public, to scientists or other experts working in the same general field as the user or the user’s company or organization, or to persons in the same general industry.
The information was not already in the possession of the BayBio Institute or the volunteers assisting with the Expert Network at the time the user disclosed it.
The user or other person disclosing that information designates that information as being confidential when it is disclosed.
General Confidentiality Policy and Practices. BayBio Institute as a matter of practice takes reasonable steps to avoid the improper disclosure of confidential information that the Expert Network users disclose to it. BayBio Institute endeavors to provide that information only to those of its employees and employees of its affiliate organizations and those volunteers who have a need to know that information to provide the educational services of the Expert Network, or to conduct the business of BayBio Institute, each of whom have duties of confidentiality to the BayBio Institute. Information that does not satisfy the requirements for being confidential is not subject to any restrictions on use or disclosure.
Limitations – No Assurance of Confidentiality. Although BayBio Institute takes steps to protect the confidentiality of information as described above, it cannot and does not guaranty that the confidential information of clients of the BayBio Expert Network will not be disclosed to or used by third parties. While all Expert Network volunteers have agreed with the Institute that all information from Expert Network users will be kept confidential and used only in providing Expert Network educational services, the Institute cannot assure or guaranty that result. Finally, communications with the volunteers or BayBio Institute will not be covered by attorney-client or similar privilege that would prohibit the disclosure and discovery of this information in legal proceedings. Consequently, you need to decide carefully what information you wish to share with the volunteers and BayBio Institute. If you have any information you believe is confidential and that its disclosure and use by others could be damaging to you, you should not disclose that information. You will be solely responsible for determining what information should or should not be disclosed to BayBio Institute and the Help Desk volunteers and bear the risk that it will be disclosed or used. NEITHER BAYBIO INSTITUTE NOR ANY OF ITS VOLUNTEERS WILL BE LIABLE FOR ANY CLAIMS, COSTS, LIABILITIES OR DAMAGES YOU OR ANY THIRD PARTY INCUR RESULTING FROM THE IMPROPER USE OR DISCLOSURE OF ANY CONFIDENTIAL INFORMATION.
No Modification –Entire Agreement. No agreement of any kind concerning the protection, use and/or disclosure of confidential information between you, BayBio Institute or any of Expert Network volunteers that amends these terms or varies from them will be valid or binding unless that agreement is in writing, makes specific reference to those confidentiality obligations and is signed by the parties who are to be bound by that agreement. No such agreement will be binding on any person who is not a party to that agreement. This document contains the entire agreement and understanding between you, BayBio Institute and all persons who are Expert Network volunteers and it supersedes all past and contemporaneous agreements with regard to that subject matter.
Your use of the BayBio Expert Network indicates your acceptance of and agreement to these terms.
