A. General. The terms of this Data Collection, Use and Privacy (“Data Policy”) are supplemental to the terms contained in the Rules and do not otherwise modify or alter the Rules unless specifically stated on this Data Policy. Terms used but not defined herein shall have the meaning ascribed to them in the Rules. References to “Member” shall include the “Charter Members” and “Founding Members”.
B. Data to be Supplied – General. IX-ONE Members shall provide IX-ONE with data as specified by IX-ONE as relevant for each channel of membership, which data may be used by IX-ONE in any manner agreed to by the provider of such data.
C. Channel Specific Data to be Supplied:
(i) Vendors: Each vendor of products listed and catalogued on the IX-ONE platform, by acceptance of membership, grants to IX-ONE a license and permission to collect, copy, reproduce and publish, through the IX-ONE platform, in whatever form determined by IX-ONE (whether in digital or other format, and whether in images or text), all of the product information and the data displayed on the product packaging as well as information which can be gathered by inspection and measurement of the product packaging, or which relates to the dimensions or other physical characteristics of the products and its packaging (including weight and other material characteristics), with respect to both individual product packaging as well as product cases or other formats utilized in the distribution of the products in commercial channels. Such license and permission extends also to the copying and use of such data and information by the other Members of the IX-ONE platform for their own business and commercial activities within the scope of their membership category (e.g., broker, distributor or retailer) and not for resale or further distribution or for use in an unrelated commercial operation. IX-ONE may identify the applicable vendor as the source of the information and data gathered and catalogued from products supplied by that vendor. At the request of IX-ONE, vendor Members shall provide IX-ONE with samples of any modified or updated packaging for any products which such vendor has authorized to be included in the IX-ONE platform.
(ii) Other Members: Members of the IX-ONE platform which are not Vendors shall provide IX-ONE with such information as may be reasonably requested by IX-ONE which is relevant to the maintenance and availability of current and accurate information on the IX-ONE platform. Such information shall be used and maintained by IX-ONE solely for its internal purposes to maintain and improve the functionality and commercial value of the IX-ONE platform for the Members of IX-ONE, except as otherwise specifically agreed by the Member supplying the data.
D. Other Restrictions on Use of Data:
(i) Nondisclosure by IX-ONE: To the extent that any Member provides IX-ONE with confidential, proprietary or other private information or data concerning such Member or its business, financial condition or performance or other commercial activities or processes, such information shall be and remain confidential and shall not be disclosed by IX-ONE to any other person, except any information or material which:
(a) is now, or hereafter becomes, through no act or failure to act on the part of IX-ONE, generally known or available to the public;
(b) is hereafter furnished to IX-ONE by a third party, who, to the best knowledge of IX-ONE, is not under obligations of confidentiality to the Member with respect to such information or material; or
(c) is disclosed with the written approval of the Member; or
(d) is required to be disclosed by any law or regulation, court order, legal proceeding, or similar compulsion; provided, however, that, such disclosure shall be limited to the extent
so required or compelled and provided, further, that notice of such disclosure is given to the Member and who may seek suitable protection against disclosure and dissemination.
(ii) Use of Data by Members: Subject to Section 1. (a) of the Rules, each Member shall only use the data and information from the IX-ONE platform for its own internal use and no Member shall transmit the data outside of the IX-ONE membership or provide links to the IX-ONE database to any person other than an IX- ONE Member. Each Member shall take reasonable steps to protect the security and privacy of the data when downloaded or utilized internally. Any Member shall immediately notify IX-ONE of any breach of the provisions not to share or make public the data provided to the Members.
(iii) No Personal Information to be Provided: No data transmitted to IX-ONE for inclusion in the IX-ONE platform shall include personally identifiable information of any Member employee or individual representative.
(iv) No Re-identification of Data: No Member may attempt to re-identify the data provided by IX-ONE or otherwise transmit or deliver any data or information acquired from the IX-ONE platform in any manner inconsistent with the uses of such data and information permitted under the Membership Rules then in effect.