Legal:Confidentiality agreement for nonpublic information: Difference between revisions

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{{Help translate/Access to nonpublic information policy}}
{{Help translate/Access to nonpublic information policy}}
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Following a community consultation, the Wikimedia Foundation Board of Trustees approved a new [[<tvar|ANIPlink>Special:MyLanguage/Access to nonpublic information policy</>|Access to nonpublic information policy]] on 25 April 2014. In accordance with this policy, volunteers with access to nonpublic information (such as [[<tvar|otrs>Special:MyLanguage/OTRS</>|OTRS]] volunteers, [[<tvar|cu>Special:MyLanguage/CheckUser policy</>|CheckUsers]], [[<tvar|oversight>Special:MyLanguage/Oversight policy</>|Oversighters]], and [[<tvar|stewards>Special:MyLanguage/Stewards</>|Stewards]]) are required to sign this confidentiality agreement in order to maintain or receive their access to nonpublic information. [[<tvar|howto-sign>Special:MyLanguage/Confidentiality agreement for nonpublic information/How to sign</>|Instructions on how to sign the agreement are available.]]</translate>

<small><translate><!--T:42-->
''NOTE:'' The document intentionally states "X years of age" as the documents actually being signed may say either 16 years of age or 18 years of age depending on the role of the person signing it. The documents on Legalpad which volunteers are signing reflect the correct age for that specific document.</translate></small>
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'''<translate><!--T:1-->
Confidentiality Agreement - Nonpublic Information</translate>'''
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<translate><!--T:2-->
You provide critical and valuable services and support to the Wikimedia movement, and the success of our projects depends on authorized Wikimedia community members like you. In return, you may be entrusted with confidential nonpublic information, including private user information. This agreement between you and the Wikimedia Foundation reflects our mutual commitment to protecting that information. By digitally signing and submitting this document you certify that you are at least X years of age and acknowledge that you have reviewed and agree to this confidentiality agreement, which is between you and the Wikimedia Foundation.</translate>

'''<translate><!--T:3-->
Nonpublic information.</translate>'''
<translate><!--T:4-->
Nonpublic information is private information, including private user information, which you receive either through the use of tools provided to you as an authorized Wikimedia community member or from other such members. Nonpublic information includes [[wmf:Privacy_policy#Definitions|"personal information" as defined by the Wikimedia Privacy Policy]], IP addresses, and other personally identifying information that are not otherwise publicly available. It does not include information about a user that that user has made public on the Wikimedia projects.</translate>

'''<translate><!--T:43-->
Exceptions to Nonpublic Information.</translate>'''
<translate><!--T:44-->
Nonpublic Information does not include any information which (a) was publicly available at the time of disclosure; (b) became publicly available after disclosure without breach of this policy by you; (c) was in your possession before disclosure, as evidenced by your written records, and was not part of an earlier confidential provision of a Wikimedia policy; or (d) is required by law to be disclosed by you, but you promise to give WMF prompt notice of such legal requirement and comply with any protective order imposed on such disclosure.</translate>

'''<translate><!--T:33-->
Authorized community members.</translate>'''
<translate><!--T:34-->
Authorized community members are Wikimedia users who are entrusted, through a valid community- or foundation-run process, with information covered by the [[wmf:Privacy policy|Wikimedia Privacy Policy]]. This includes community members with access to any tool that permits them to view nonpublic information about other users or members of the public, community members with the ability to access content or user information which has been removed from administrator view, and volunteer developers with access to nonpublic information. Authorized Wikimedia community members may include, for example, oversighters, checkusers, volunteer developers, and other similar authorized roles.</translate>

'''<translate><!--T:5-->
Protection of nonpublic information.</translate>'''
<translate><!--T:6-->
You agree to:</translate>

* <translate><!--T:7-->
Comply with the Privacy Policy; the [[<tvar|ANIPlink>Access to nonpublic information policy</>|Access to Nonpublic Information Policy]]; and any other applicable and nonconflicting community policy relating to nonpublic information;</translate>
* <translate><!--T:8-->
Refrain from disclosing nonpublic information to anyone, except as permitted under those policies;</translate>
* <translate><!--T:31-->
Reasonably safeguard your account against unauthorized access and use;</translate>
* <translate><!--T:9-->
Engage in the access, use, and disclosure of nonpublic information only as needed and allowed in your role as an authorized Wikimedia community member; and</translate>
* <translate><!--T:10-->
Notify <tvar|disclosureemail><tt>check-disclosure{{@}}wikimedia.org</tt></> and provide an explanation within 10 days if you disclose nonpublic information to outside parties, such as law enforcement.</translate>

'''<translate><!--T:12-->
Violation.</translate>''' <translate><!--T:13-->
You agree that, in case of a violation of this agreement, including improper access, use, or disclosure of nonpublic information:</translate>

* <translate><!--T:14-->
* <translate><!--T:14-->
You will notify the Wikimedia Foundation of the violation immediately;</translate>
You will notify the Wikimedia Foundation of the violation immediately;</translate>

Revision as of 16:26, 23 January 2018

Confidentiality Agreement - Nonpublic Information

You provide critical and valuable services and support to the Wikimedia movement, and the success of our projects depends on authorized Wikimedia community members like you. In return, you may be entrusted with confidential nonpublic information, including private user information. This agreement between you and the Wikimedia Foundation reflects our mutual commitment to protecting that information. By digitally signing and submitting this document you certify that you are at least X years of age and acknowledge that you have reviewed and agree to this confidentiality agreement, which is between you and the Wikimedia Foundation.

Nonpublic information. Nonpublic information is private information, including private user information, which you receive either through the use of tools provided to you as an authorized Wikimedia community member or from other such members. Nonpublic information includes "personal information" as defined by the Wikimedia Privacy Policy, IP addresses, and other personally identifying information that are not otherwise publicly available. It does not include information about a user that that user has made public on the Wikimedia projects.

Exceptions to Nonpublic Information. Nonpublic Information does not include any information which (a) was publicly available at the time of disclosure; (b) became publicly available after disclosure without breach of this policy by you; (c) was in your possession before disclosure, as evidenced by your written records, and was not part of an earlier confidential provision of a Wikimedia policy; or (d) is required by law to be disclosed by you, but you promise to give WMF prompt notice of such legal requirement and comply with any protective order imposed on such disclosure.

Authorized community members. Authorized community members are Wikimedia users who are entrusted, through a valid community- or foundation-run process, with information covered by the Wikimedia Privacy Policy. This includes community members with access to any tool that permits them to view nonpublic information about other users or members of the public, community members with the ability to access content or user information which has been removed from administrator view, and volunteer developers with access to nonpublic information. Authorized Wikimedia community members may include, for example, oversighters, checkusers, volunteer developers, and other similar authorized roles.

Protection of nonpublic information. You agree to:

  • Comply with the Privacy Policy; the Access to Nonpublic Information Policy; and any other applicable and nonconflicting community policy relating to nonpublic information;
  • Refrain from disclosing nonpublic information to anyone, except as permitted under those policies;
  • Reasonably safeguard your account against unauthorized access and use;
  • Engage in the access, use, and disclosure of nonpublic information only as needed and allowed in your role as an authorized Wikimedia community member; and
  • Notify check-disclosure@wikimedia.org and provide an explanation within 10 days if you disclose nonpublic information to outside parties, such as law enforcement.

Violation. You agree that, in case of a violation of this agreement, including improper access, use, or disclosure of nonpublic information:

  • You will notify the Wikimedia Foundation of the violation immediately;
  • You will delete or otherwise destroy all nonpublic information in your possession and control, if instructed by the Wikimedia Foundation;
  • Your access to nonpublic information may be terminated; and
  • The Wikimedia Foundation may pursue available legal remedies, including injunctive relief or, in the case of willful intent, monetary damages.

Other provisions. You also agree:

  • This agreement does not create an employment, agency, partnership, or joint venture relationship between you and the Wikimedia Foundation;
  • You may not transfer or assign your rights or obligations under this agreement;
  • You are solely responsible for how you access and use nonpublic information, and your activity or account may be reviewed by other authorized users or the Wikimedia Foundation; and
  • The laws of the State of California and the United States of America will govern this agreement (without reference to conflict of laws principles).

Interface

By typing your name below, clicking the check box, and clicking the “Sign Document” ("Sign Document") button below, you acknowledge that you have reviewed and agree to this confidentiality agreement between you and the Wikimedia Foundation. Among other things, you must:

(1) Keep nonpublic information, as defined in this confidentiality agreement, confidential;
(2) Notify the Wikimedia Foundation if such information is disclosed to any outside parties, such as law enforcement;
(3) Comply with the Wikimedia Privacy Policy and the Access to Nonpublic Information Policy; and
(4) Provide to the Wikimedia Foundation a valid email address linked to the account under which you have or are applying for access rights.

By typing your name below, clicking the check box, and clicking the “Sign Document” ("Sign Document") button below, you acknowledge that you have reviewed and agree both to this confidentiality agreement between you and the Wikimedia Foundation as well as the OTRS confidentiality agreement. Among other things, you must:

18 years of age

16 years of age

General Confidentiality Agreement - Nonpublic Information

OTRS Users Confidentiality Agreement - Nonpublic Information

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Privacy-related pages