Confidential information relating to the Corporation’s business is a very important asset of the Corporation that belongs to it and must be protected.
“Confidential information” is comprised of certain details concerning the commercial methods of the Corporation as well as its production methods, its distribution systems, its commercial projects, its properties and deposits, its past, present and future mining explorations, its commercial secrets and other information of a confidential nature that belongs to the Corporation, including, without limitation, information of a financial nature, information concerning employees, information concerning clients, innovations, including namely all industrial concepts, processes, formulae, specialized know-how, improvements, innovations (patented or not) and specialized techniques.
Confidential information does not include:
- information known to the public or available to the public prior to the date of its release;
- information that becomes known to the public or available to the public after the date of its release and that does not arise from a violation of the confidentiality undertaking of a director or an employee.
Each director and employee of the Corporation must preserve the confidentiality of the Confidential information and may not in any circumstances, both during and after his mandate or employment with the Corporation, disclose to anyone Confidential information and must use the Confidential information only for the benefit of the Corporation.
Upon the termination of his mandate or employment, each director or employee must return to the Corporation all Confidential information in his possession, on any support whatsoever, including all documents prepared by him, and continue to preserve the confidentiality of the Confidential information.
Each employee assigns, irrevocably and for no consideration, to the Corporation or to any other person that the Corporation may designate in writing, all rights that he already holds or that he may hold with respect to any invention, discovery or improvement that he may do or have done during his employment as well as all intellectual property rights attached thereto.