Confidentiality Agreement

The Hacker must maintain strict and absolute confidentiality regarding all documents, data, programs, systems, products and information (including the data of possible partners or clients) that they obtain from CyScope via written means or via access to a database (the “Confidential Information”). The Hacker will not reveal, directly or indirectly, in any way, to third parties, the Confidential Information that was revealed to them by CyScope or to which they access as a result of making use of the CyScope platform nor will they use it for any purpose or in any way other than those contemplated in this agreement.

In the event that any of the Parties receives a request to disclose all or part of the Confidential Information under the terms of a valid court order or requirement issued by a judicial or administrative authority or by a competent legislative body or committee, the Hacker may disclose the requested information, and in all cases must notify by reliable and immediate means, understood as such, within 12 hours of receiving the request for confidential information, to CyScope about the existence, terms and circumstances of the aforementioned request and its response so that CyScope can arbitrate the legal means at its disposal to protect its interests.

The Hacker will not use the Confidential Information received for any other purpose that is not solely and exclusively the one established in this agreement. It is expressly prohibited for the Hacker to use for the benefit of third parties or others associated with third parties, any information, procedures, data, statistics, formulas, programs, operating systems, operating platforms, software and, in general, any data, process, procedure or formula that would have been discovered through the use of CyScope or that which may have been derived from using CyScope and is related, directly or indirectly, to tangible or intangible goods such as brands, software or ways of promoting or marketing them.

As a consequence of what is established in the preceding clause, the Hacker agrees to comply with all the existing and necessary security measures, ensuring to guarantee and safeguard the confidentiality, availability and integrity of the Information that they obtain access to. The Hacker agrees to comply with all the existing and necessary security measures, regarding physical elements and information, whether personal computers, notebooks, hardware or software elements.

The confidentiality obligations contained herein shall not apply to:

• The information that belongs to the public domain at the time of disclosure to the Hacker, or that becomes public domain after it was disclosed, without the mediation of: (i) violation of this agreement, or (ii) any fault or action by the Hacker.
• The information revealed by the Hacker in compliance with legal requirements of the authorities or by a court order, subject, in such case, to the provisions of the present in this regard.

The transfer of Confidential Information carried out in accordance with the terms and conditions of this agreement should not be understood in any way as a transfer of rights, patents or license to the Hacker, which will continue to be the exclusive property of CyScope, nor as a commitment, by any of the Parties, to carry out any service, project or idea referred to in the considerations of this agreement.

This Agreement will enter into force or effect from the day or date of subscription of the Hacker to the platform, accepting all the terms and conditions of CyScope and will remain in force even when the Hacker is terminated from membership. the platform by CyScope, for a period of five years, with regard to the confidentiality commitments contained in this instrument, starting from the date on which it is decided to subscribe or unsubscribe, at which time the Hacker must delete, return or destroy all the information in their possession, without retaining a copy of it, either in written form or saved in any electronic, optical or other medium.

Any waiver of any part of this agreement will not constitute a waiver of any other part of it, nor will it constitute an exemption for any violation of this agreement nor any part of it will be understood as an exemption for other violations.

This agreement constitutes the totality of what is agreed and understood by the Parties regarding the disclosure, use and disposition of Confidential Information. No modification of this agreement will be valid or have force or effect unless it is expressed in writing and signed by all the Parties. This agreement may be granted in any number of copies (including by facsimile), and all of them, jointly considered, they will constitute one and the same instrument.

The Hacker may not assign, transfer or subcontract in any way, totally or partially, the rights and obligations arising from the Contract, nor may he celebrate any act that implies that it is partially or totally executed by a third party. The infringement of this obligation will cause the termination of the Contract, without the right to any compensation and without prejudice to the other legal actions that may proceed.

Acceptance of the general terms and conditions and their respective annexes with CyScope, does not limit the Client from requesting that the Hacker in charge of performing a vulnerability analysis of a given system, sign an additional confidentiality agreement between the Hacker and the Client, that is, the subscription to a confidentiality contract of a Client, independent from the one already accepted with CyScope, will be considered a prerequisite to start carrying out activities aimed at evaluating the state of vulnerability of a system and its subsequent payment will require that the confidentiality contract provided with the Client is signed.

Any waiver of any part of this agreement will not constitute a waiver of any other part of it, nor will it constitute an exemption for any violation of this agreement nor any part of it will be understood as an exemption for other violations.

The violation of the terms and / or conditions of this agreement will generate the obligation, for the non-compliant Party, to fully repair the direct damages caused, including, when appropriate, lost profits.

This Confidentiality Agreement will be governed by the laws of the Republic of Chile, and any dispute, controversy or conflict regarding the interpretation or execution of this Agreement will be submitted to the jurisdiction of the Courts of Santiago.