CONFIDENTIALITY CLAUSE AND PROTECTION OF INFORMATION
The World Boxing Association WBA, hereinafter the ASSOCIATION, pursuant to its approval in the Convention held in Lima-Peru, in October 2013, hereby updates the CONFIDENTIALITY CLAUSE and protection of the information handled by all those members accepted, recognized and certified by the ASSOCIATION, who are directly or indirectly linked by the activities and actions related to boxing development and promotion in all its modalities, according to its bylaws, rules and regulations. This adhesion CLAUSE shall be inserted in the web page of the WBA, for the due knowledge of all its members and other legal effects, contained in the following terms:
This CONFIDENTIALITY CLAUSE and protection of information, hereinafter the CLAUSE, applies to all members of the ASSOCIATION, in any of its activities and functions (managers, promoters, boxers, directors, advisors, employees, judges, officials, supervisors, etc.), upon joining, being accepted, recognized, and certified by the ASSOCIATION, whether or not they are freely appointed and removed. They are subject to compliance with the CLAUSE in the exercise of their functions and activities for the ASSOCIATION, during the time they occupy the positions, as well as after the termination of their functions, whereby they may require access to information and data of this nature, including, but not limited to, physical and technological records, personal data, intellectual property, either physical, technical, financial, commercial or of any other nature, for the performance of their duties for the ASSOCIATION, either as individuals or legal entities, for which they shall hereinafter be referred to as the RECIPIENT.
2. OBJECT AND DEFINITION
Confidentiality’s primary objective, as understood and accepted by the ASSOCIATION and the RECEIVER, is to ensure that information is accessible only to those authorized to access it, achieving its best implementation through modern cryptography techniques. We can define it as actions or communication conducted in a reserved or secretive manner, ensuring reciprocal trust among multiple parties.
To fully implement the CONFIDENTIALITY CLAUSE in its entirety, we have defined the following aspects within its content: classify the information as confidential in the terms expressed below, determine the period of time it must be kept, the penalty for its violation, outline exceptions that must be expressly declared, consider conditions such as manner, timing, location, and the nature of meetings or sessions involving any members of the ASSOCIATION.
3. RECEIVER’S OBLIGATIONS
The RECEIVER agrees, without prior authorization of the president of the ASSOCIATION, not to sell, lease, lend, record, negotiate, disclose, publish, show, make known, transmit, or in any other way disclose or provide it to any natural or legal person, national or foreign, public or private, or to any types of entities in which the RECEIVER holds shares, acts as an advisor, successor in interest, attorney, counselor, shareholder, or in any capacity, and generally maintains any kind of relationship, either directly or through third parties. This obligation extends to their partners, legal representatives, executives, managers, advisors, employees, and any other individuals, whether physical or legal, who have or may have a connection with them, whether presently or in the future, and who have not been previously and in writing authorized by the president of the ASSOCIATION, or to any types of entities in which the RECEIVER holds shares, acts as an advisor, successor in interest, attorney, counselor, shareholder, or in any capacity, and generally maintains any kind of relationship, either directly or through third parties. This obligation extends to their partners, legal representatives, executives, managers, advisors, employees, and any other individuals, whether physical or legal, who have or may have a connection with them, whether presently or in the future, and who have not been previously and in writing authorized by the president of the ASSOCIATION.
Furthermore, the RECEIVER agrees not to disclose or reference it in any way, neither publicly nor privately, regardless of the purpose of the presentation, whether it be a lecture, conference, or any other medium, whether or not these lectures, conferences, or other mediums are paid for. This includes other documents such as studies, reports, proposals, whether in whole or in part.
The RECEIVER assumes the obligation for a duration determined by the president or the person to whom such authority is delegated (in days, months, or years), starting from the update of this CLAUSE published on the ASSOCIATION’s website. Any disclosure of confidential information by any natural or legal person who is recognized, accepted, and certified without prior authorization from the presidency will be considered a serious violation of the Bylaws, Rules, and Regulations of the ASSOCIATION, as well as the Code of Ethics. The ASSOCIATION reserves the right to take legal action for any damages that may arise, which will be litigated according to the jurisdiction established in the bylaws, including arbitration.
For the purposes of confidentiality, all information received or sent, regardless of its nomenclature, containing the initials “WBA BOXING” or any other symbol that identifies it, whether signed or not, used, or known, will be taken into consideration.
In accordance with the above, the RECEIVER commits to using the information solely in relation to its activities, refraining from disclosing it to any third party without the written consent of the ASSOCIATION. The RECEIVER shall disclose it when other members, regardless of their category, have an explicit need to know it for the proper development of their duties. Therefore, the RECEIVER shall not disclose or use photos, videos, or predictions in sporting and boxing events where the information is sensitive. They shall also refrain from making public comments through media or social networks without the written consent of the president of the ASSOCIATION.
The RECEIVER will implement appropriate security measures to ensure compliance by any persons, employees, workers, subordinates, or third parties who have access to confidential information. In the event that the relationship between the RECEIVER and the ASSOCIATION comes to an end, the RECEIVER is obligated to deliver or return all confidential information and any copies thereof, regardless of the means used for its storage, and/or to delete or destroy any copies made within a period of ten calendar days from the termination or cessation of their relationship with the ASSOCIATION.
A violation shall not be considered a breach of the CLAUSE when the RECEIVER can demonstrate that: the information was already in the public domain at the time it was disclosed or was already published; at the time of it disclosure, the RECEIVER has previously possessed the information through lawful means or had a legal right to access it; the RECEIVER had prior written consent to disclose the information; the information was requested by competent administrative or judicial authorities tasked with addressing total or partial aspects, in which case the RECEIVER must immediately inform the ASSOCIATION before such disclosure takes place.
5. PROPERTY RIGHTS, EVENTS AND ADVERTISING
All information handled by the RECEIVER as a result of its relationship with the ASSOCIATION, as outlined in the CLAUSE, does not imply nor may it be construed as an express, tacit or implicit grant of any rights to the confidential information. This also applies to patent, license, and copyright rights, unequivocally remain the property of the ASSOCIATION, including the website, from which the RECEIVER may not extract any information at any time except what is necessary for the exclusive use or service of the ASSOCIATION.
With that said, the RECEIVER shall refrain from issuing verbal or written opinions to third parties related to events organized by the ASSOCIATION anywhere in the world, as these events are the exclusive and sole property of the ASSOCIATION, unless expressly authorized verbally, in writing, or digitally. Likewise, the RECEIVER may not engage in advertising campaigns or marketing activities related to these events or the dealings of the ASSOCIATION.
6. DAMAGES AND LOSES
The violation of the CLAUSE in any of its forms shall be penalized by an amount of up to one million dollars of the United States of America (USD 1,000,000) and the ASSOCIATION reserves the right to assess the amount of the damages arising from and affecting the contract, agreement or arrangement whose sensitive information has been disclosed without the prior authorization of the president of the ASSOCIATION the person to whom this authority has been delegated.
The current update of this CLAUSE, approved at the Lima-Peru Convention in October 2013, reaffirms its validity with its inclusion on the ASSOCIATION’s website and shall remain in effect for up to five years following the eventual termination or cessation of functions, regardless of the manner, form, or medium in which it is documented.
8. APPLICABLE LAW AND JURISDICTION
In the event of a dispute or controversy and the legal means to resolve the interpretation, execution, non-compliance, termination, or partial or total annulment of the application of the CLAUSE, it shall be subject to the provisions of the Legal Statutes of the ASSOCIATION, expressly waiving any personal jurisdiction in this matter.