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Topics Below

Ethics Issue
Confidentiality Agreements

See also Values Statements


Ethics Issue

Ask-NCN Conversation 10.30.17


Patricia Woroch, Immigrant Services Society of British Columbia
We have a number of tenants, both other NGO’s and private businesses, in our building. We are wondering if anyone has had to deal with ethical issues and how you did that, particularly with private business. If we identify that a practice/s they are using is unethical and impacting our clients, we need to address it. Our lease does not speak to such issues and yes, we did discuss it with them directly. We do have our mission/values statements posted. Any ideas, suggestions welcome. Thank you!


Pam Mauk, Together Center
Just a couple thoughts for setting a plan of action. Your lease should have the ability to make rules that are reasonable for your. You could use that mechanism to ask for specific behavior from all tenants. Your submittal of 990 to IRS may have you signing off on specific ethical financial behaviors for yourself and related parties, if that’s an area of concern, which may give you a reason for creating rules for all that meet ethical standards for a nonprofit.


China Brotsky, SumofUs
Patricia, i suggest that you consult with a good real estate lawyer that hopefully has some experience with the nonprofit sector. Without knowing the ethical dilemma, it’s very hard to provide advice.


Confidentiality Agreements

From Ask-NCN 2/1/6/18


Andy Neal, The STAR Center
Do any of your groups use Confidentiality Agreements and would you be willing to share an example?


Katherine Moore, The Jefferson Avenue Center
We do not. I have tenants who handle data protected by HIPAA rules, but they operate by their own policies and we don’t get involved. Sorry if that’s not what you meant…I’m trying to imagine another sort of confidentiality issue, and haven’t come up with one.


Alexandra, Urbanowski, SVCreates
We used a confidentiality clause in our MOU’s during the facility development. Also a NDA for potential new partners. Would you like to see either of those?


Charlene Altenhain, Glasser/Schoenbaum Human Services Center
We don’t have our tenants sign a confidentiality agreement. We do have a confidentiality policy that our board members sign. This is included in a larger board governance policy packet. Below is the confidentiality excerpt:


The Glasser/Schoenbaum Human Services Center, a Florida based non-profit organization based in Sarasota Florida, relies upon its Board of Directors, management and staff to guide its operations.
In the normal course of operations, it is common and necessary for Board members, management and staff to work with documents prepared by and relating to the organization, and to have discussion about issues that are sensitive in nature.
It is understood and agreed that when executed below, all documents and discussions concerning The Glasser/Schoenbaum Human Services Center should be considered “confidential” and are protected under this confidentiality agreement, thereby protecting the interests of The Glasser/Schoenbaum Human Services Center. It is further understood that this Confidentiality Agreement shall remain in force after Board service or employment with The Glasser/Schoenbaum Human Services Center is concluded.


Valerie Hill, Center for Social Change
We have a section on Confidentiality in our Agreements with members.
6. Confidentiality
a. You acknowledge and agree that during your participation in and use of the Services you may exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by the Center or any participant of user of the Services or any employee affiliate, or agent thereof, that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of the Center, any analyses, compilations, studies or other documents prepared by the Center or otherwise derived in any manner from the Confidential Information that you are obliged to keep confidential or know or has reason to know should be treated as confidential.

b. Your participation in and/or use of the Services obligates you to maintain all Confidential Information in strict confidence; not to disclose Confidential Information to any third parties; not to sue the Confidential Information in any way directly or indirectly detrimental to the Center or any participant or user of the Services.

c. All Confidential Information remains the sole and exclusive property of the Center or the respective disclosing party. You acknowledge and agree that nothing in the Membership Agreement, this TOU or Community Norms, or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of the Center or any participant or user of the Services.

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