Contractual partners are fino data services GmbH (hereinafter referred to as fino or order processor) Universitätsplatz 12, 34127 Kassel, and the customer.
1. fino participates as a service provider in the professional activities of the customer, who is subject to a professional obligation of confidentiality. fino shall protect third party secrets made accessible to it by the customer in the knowledge of the penal consequences of a violation of the obligation of confidentiality according to § 203 StGB (prison sentence up to one year or fine) and the otherwise applicable legal regulations.
2. fino undertakes to only obtain knowledge of third-party secrets within the meaning of the aforementioned clause 1 to the extent that this is necessary for the execution of the contract.
3. fino is entitled to use third parties for the execution of the contract. If third parties are used, fino commits itself to obligate them in text form to maintain secrecy and to inform them of the penal consequences of a breach of duty, as far as they could gain knowledge of third-party secrets in the sense of this supplementary agreement in the course of their activities. Regarding its employees, fino complies with the legal requirements.
4. The duty of confidentiality according to the preceding paragraphs does not exist as far as fino is obliged to disclose confidential information of the customer due to an official or judicial decision. As far as this is permissible and possible in individual cases, fino will inform the customer in advance about the obligation to disclose.
5. 5. This supplementary additional agreement supplements the existing contracts.
6. 6. If the customer is not or is no longer a holder of professional secrecy, this agreement is invalid.
© 2023
