ANT+™ Product Certification Confidentiality Policy
This policy describes how ANT Wireless, a division of Garmin Canada Inc. (Garmin Canada) and the administrator of the ANT+ Alliance, manages the Product Samples and Submitted Collateral provided by companies or their authorized agents (“the Applicant”) to obtain ANT+ Product Certification, as well as Certification Reports generated by ANT Wireless, for a specific product with or without a specified model, hardware revision or software release (“PRODUCT”).
“Product Samples” means hardware product samples, hardware accessories, and software as identified and listed in the submission that are provided by the Applicant pertaining to the PRODUCT subject to the ANT+ Certification process.
“Submitted Collateral” means the application form, checklists, videos, pictures, manuals etc, including product names and models that are submitted by the Applicant pertaining to the PRODUCT subject to the ANT+ Product Certification process.
“Certification Reports” means the reports pertaining to the PRODUCT under test and review, including associated photos, videos and other supporting attachments that are generated by ANT Wireless during the ANT+ Product Certification process.
“Confidential Materials” means Product Samples, Submitted Collateral and Certification Reports.
Use of Confidential Materials
ANT Wireless will limit disclosure of the Confidential Materials to only those ANT Wireless employees having direct involvement and responsibility for ANT+ Product Certification process. ANT Wireless will use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of the Confidential Materials.
ANT Wireless will (i) not reverse engineer, de-compile or disassemble any Product Samples; (ii) promptly notify the Applicant upon discovery of any unauthorized use or disclosure of the Confidential Materials and take reasonable steps to regain possession of the Confidential Materials and prevent further unauthorized actions or breach of this policy.
All Product Samples remain the property of the Applicant and will not be copied or reproduced without the express written permission of the Applicant, except for copies that are necessary in order to fulfill the ANT+ Product Certification test or review. The Product Samples will remain in the ANT Wireless facility located in Cochrane, Alberta, Canada during the period that this policy is in effect pertaining to a specific product.
Within thirty (30) days of the completion of the Certification test and review, or upon receiving an express written request by the Applicant, ANT Wireless will return or destroy the Product Samples along with all copies and portions thereof, unless otherwise agreed in writing with the Applicant. Certification Reports will be disclosed only to the Applicant.
The Applicant acknowledges that Garmin Canada or its affiliates might from time to time independently develop products or applications that may have similarities to the Product Samples or Submitted Collateral provided for review. This policy does not apply to any such products or applications so long as Garmin Canada’s or its affiliates’ development of such products or applications are done independently and without reference to the Product Samples or Submitted Collateral.
The Applicant may request additional confidentiality controls. Such requests will be subject to the advanced and written approval of ANT Wireless. Such approvals must be issued by ANT Wireless and received by the Applicant prior to any submission of the Product Samples and the Submitted Collateral to ANT Wireless.
This policy will come into effect for a specific PRODUCT upon submission of the application for ANT+ Product Certification via the Certification webpage at https://www.thisisant.com/developer/ant-plus/developer. This policy will expire for the PRODUCT when ANT Wireless (i) receives the approval for release by written authorization of the Applicant, (ii) observes a public press release pertaining to the PRODUCT, (iii) observes other public exposures of the PRODUCT, such as on the Applicant’s web pages, on public magazines, on public web sites, blogs and other online social media, in online stores and retail shops etc, or (iv) lawfully obtains any of the Product Samples and Submitted Collateral from a third party or parties without a duty of confidentiality, whichever comes first.
Changes to the Policy
If ANT Wireless makes any material changes to this Policy while it is applicable to the Applicant, it will notify the Applicant of such changes.