Mutual Non-Disclosure Agreement (NDA)
Summary of the mutual non-disclosure agreement model that Access FDA signs with clients and prospects before exchanging information.
Draft pending legal review. This text is not yet the final, binding version.
Nature of this document
This document summarizes the mutual non-disclosure agreement (“NDA”) model that Grupo Nativot S.C., operating as Access FDA, signs with clients and prospects before exchanging technical or commercial information. The agreement signed by the parties governs each relationship; this summary does not replace it. [Pending: full NDA text after legal review.]
Mutual nature
The NDA is bilateral: both the Client and Access FDA undertake to protect the confidential information they receive from the other party.
Confidential information
Confidential information is any information one party gives the other in connection with the evaluation or provision of services, in any format, including:
- formulas, specifications, processes and trade secrets;
- unpublished labels, artwork and regulatory documents;
- information about suppliers, customers, prices and commercial strategies;
- personal data of employees, representatives or contacts;
- Access FDA proposals, methodologies and working documents.
Information is not confidential if it becomes public through no fault of the receiving party, was already lawfully in its possession, is lawfully received from a third party without a confidentiality obligation, or must be disclosed by law or by order of a competent authority. In the latter case only what is strictly required will be disclosed and, where the law allows, the other party will be notified.
Permitted use
Confidential information may only be used to evaluate the project and provide the contracted services, including filings with the FDA on the Client’s behalf when agreed. It may only be shared with staff, advisors or providers who need it for that purpose and are bound by equivalent confidentiality obligations.
Term
The confidentiality obligation applies for 12 months or while the corresponding contract or registration remains active, as set out in the signed agreement.
Survival of obligations. When that term ends, the obligations covering trade secrets, formulas, technical information and personal data are not automatically released at month 12: they survive while that information remains confidential and for as long as data protection law requires. [Pending: exact survival term of the obligations.]
Return or destruction
When the relationship ends, or earlier if the other party requests it, each party will return or destroy the confidential information received, except what must be kept for legal, tax or regulatory obligations or for legal defense, which will remain protected under this agreement and the Comprehensive Privacy Notice.
Logos, testimonials and publicity
Neither party will use the other’s name, logo or information for advertising without prior written authorization. An authorization to use a logo or testimonial does not authorize disclosing formulas, trade secrets, technical information or confidential documentation.
Breach
The breaching party will be liable under applicable law. [Pending: contractual penalties, governing law and jurisdiction.]
Contact
To request the NDA for signature or ask questions: management@gruponativot.com