Privacy Policy
Lithium Battery OEM Private & Confidentiality Agreement
Party A (Principal / Client): ________________________
Unified Social Credit Code / ID Number: ________________________
Address: ________________________
Contact Information: ________________________
Party B (Manufacturer / OEM Processor): ________________________
Unified Social Credit Code: ________________________
Address: ________________________
Contact Information: ________________________
Whereas, Party A entrusts Party B to conduct cross-border OEM customization, production, processing, assembly and related supporting services for lithium battery products. In the course of cross-border cooperation, Party B will access and obtain a variety of private and confidential information of Party A, including but not limited to business information, technical data, brand assets, customer information and cross-border trade documents.
To standardize the collection, use, storage and disclosure of confidential information, prevent information leakage, abuse and improper use, protect the legitimate rights and interests of both parties in cross-border cooperation, and comply with the General Data Protection Regulation (GDPR), Cybersecurity Law of the People’s Republic of China, Personal Information Protection Law of the People’s Republic of China, Contract Law and other applicable international and domestic laws and regulations, both parties hereby enter into this Confidentiality Agreement through friendly negotiation on the principle of equality, voluntariness, good faith and mutual benefit.
Article 1 Definition and Scope of Confidential Information
For the purpose of this Agreement, Confidential Information refers to all non-public, commercially valuable and proprietary information obtained, generated or disclosed by either party during the cross-border lithium battery OEM cooperation, in the form of written, electronic, oral, sample, drawing, data or any other tangible or intangible form. The detailed scope is specified as follows:
1.1 Exclusive Confidential Information of Party A
(1) Brand & OEM Customization Information: Party A’s trademarks, logos, brand authorization documents, exclusive packaging solutions, product identification standards, brand design specifications and cross-border brand marketing materials;
(2) Lithium Battery Technical Information: Customized cell parameters, capacity, voltage, rate, internal resistance, protection grade, formula ratio, production technology, assembly process, testing standards, quality requirements, design drawings, sample test data, R&D solutions and technical improvement schemes;
(3) Commercial & Cross-border Trade Information: OEM order quantity, production schedule, delivery cycle, pricing system, quotation, cost structure, settlement terms, procurement channels, supply chain data, cross-border logistics plans and customs declaration information;
(4) Customer Private Information: Information of Party A’s end customers, including customer lists, contact details, procurement demands, cooperation records, after-sales data and other private customer information involved in cross-border transactions;
(5) Other Confidential Information: Party A’s operational data, financial information, unpublished cooperation plans, bidding documents and internal management systems.
1.2 General Confidential Information of Both Parties
Content of this Agreement and supplementary cooperation documents, contact personnel information, cooperation communication records, production acceptance data, quality inspection reports, non-standard customized materials generated during cooperation and other information confirmed as confidential by both parties.
1.3 Exclusion of Confidential Information
The following information shall not be deemed as Confidential Information: publicly available information, information disclosed without the fault of the receiving party, information legally possessed by the receiving party before cooperation, information disclosed with written consent of the disclosing party, and information required to be disclosed by mandatory provisions of laws, judicial authorities or administrative authorities.
Article 2 Rules for Information Use and Storage
2.1 Party B shall use Party A’s Confidential Information only for the performance of this cross-border OEM cooperation, including product production, quality inspection, delivery and after-sales services for Party A’s orders. Party B shall not expand the scope of use, nor use the information for its own R&D, production and sales, nor provide, copy or imitate Party A’s technology and brand materials for any third party.
2.2 Party B shall establish a standardized confidential information management system, implement exclusive filing management for Party A’s technical documents, data, samples and drawings, assign special personnel to handle cross-border cooperation affairs, strictly limit internal personnel access rights, and prohibit irrelevant employees from viewing, copying or disseminating confidential information.
2.3 All storage and transmission of Party A’s private information shall be completed through Party B’s compliant enterprise equipment and dedicated system. Private mobile phones, personal computers, U-disks, personal cloud disks and other unauthorized devices are prohibited from storing, backing up or transmitting Party A’s confidential information. Unauthorized screenshotting, recording, photographing and retention of confidential data are strictly forbidden.
2.9 Without the official written seal consent of Party A, Party B shall not copy, extract, tamper with, adapt or reuse Party A’s Confidential Information, nor transfer or lend any confidential materials to any third party.
Article 3 Confidentiality Obligations
3.1 Both parties shall undertake strict confidentiality obligations for the Confidential Information obtained from each other, and adopt protection standards no lower than those used for their own commercial secrets to ensure safe storage and prevent information leakage.
3.2 Exclusive obligations for Party B in cross-border OEM business: Party B shall keep strictly confidential all customized core parameters, exclusive production processes and OEM schemes of Party A’s lithium battery products. Party B shall not disclose customized product information to peers or third parties, not privately produce or sell Party A’s customized OEM products, and not copy or imitate similar products based on Party A’s technical data.
3.3 Party B shall conduct regular confidentiality training for on-the-job employees and sign independent confidentiality commitment letters with relevant post personnel. Any information leakage caused by Party B’s employees or cooperative personnel shall be deemed as a breach of contract by Party B, for which Party B shall bear full responsibilities.
3.4 During the cooperation period and after the termination of cooperation, neither party shall use the other party’s private information, commercial resources or technical resources for unfair competition, including but not limited to snatching customers or plagiarizing product solutions.
3.5 Either party shall promptly notify the other party once it discovers any risk of information leakage, theft or abuse, and fully cooperate to take remedial and loss-control measures.
Article 4 Return and Destruction of Confidential Information
4.1 Within 3 working days after the termination of this Agreement, the completion of cooperation, or any time upon the request of Party A, Party B shall unconditionally return all paper and electronic confidential materials of Party A, including but not limited to design drawings, technical schemes, parameter documents, trade contracts, customer data, product samples and defective products.
4.2 For electronic data, backup files and cache records that cannot be physically returned, Party B shall completely and permanently delete and destroy all content without retaining any backup, duplicate or residual fragments. Party B shall provide a written destruction certificate to Party A and cooperate with Party A’s verification.
4.3 For materials retained with written confirmation of Party A, Party B shall continue to perform confidentiality obligations until Party A formally releases the confidentiality liability in writing.
Article 5 Term of Confidentiality
The confidentiality obligations of this Agreement shall survive the termination, cancellation or expiration of the master OEM cooperation agreement. The confidentiality term shall be permanent from the effective date of cooperation. Core technical secrets, exclusive OEM customization information and customer private information shall be permanently confidential. Both parties may negotiate and confirm a fixed confidentiality term separately if necessary.
Article 6 Liability for Breach of Contract
6.1 If Party B breaches any confidentiality obligation under this Agreement, including information leakage, unauthorized use, private retention, secondary development, product imitation or customer snatching, Party B shall pay Party A a liquidated damages of [Custom Amount] RMB (or equivalent foreign currency).
6.2 If the liquidated damages are insufficient to cover Party A’s losses, Party B shall compensate Party A for all direct and indirect losses in full, including but not limited to brand loss, market profit loss, attorney fees, litigation fees, notarization fees, travel expenses and third-party claim losses arising from cross-border disputes.
6.3 Any breach by Party B that causes brand damage, market loss, cross-border infringement disputes or administrative penalties to Party A shall be fully borne by Party B. If the circumstances constitute a criminal offense, Party A reserves the right to pursue the criminal liability of Party B and relevant responsible persons.
6.4 If Party A discloses Party B’s legitimate commercial information in breach of this Agreement, Party A shall compensate Party B for all direct economic losses incurred thereby.
Article 7 Exemption Clause
7.1 No party shall be liable for breach of contract if information disclosure is required by mandatory laws, judicial rulings or administrative orders. However, the disclosing party shall notify the other party in writing in advance and strictly control the disclosure scope within legal requirements.
7.2 Neither party shall be liable for information leakage caused by force majeure, major network security vulnerabilities or malicious third-party attacks beyond subjective control. Both parties shall promptly inform each other and actively take remedial measures.
Article 8 Dispute Resolution
Any dispute arising from or in connection with this Agreement shall be settled through friendly negotiation. If negotiation fails, either party shall have the right to file a lawsuit with the people’s court having jurisdiction over the location of Party A.
Article 9 Miscellaneous Provisions
9.1 This Agreement is an accessory agreement to the master cross-border lithium battery OEM cooperation agreement and shall have the same legal effect as the master agreement. Supplementary agreements concluded by both parties shall be integral parts of this Agreement.
9.2 If any clause of this Agreement is deemed invalid or revocable due to non-compliance with applicable laws, the validity of the remaining clauses shall not be affected.
9.3 This Agreement is made in duplicate, with each party holding one copy. It shall take effect upon signing and sealing by both parties, with equal legal effect.
(No text below)
Party A (Principal / Client): ________________________
Signature / Seal: ________________________
Date: ______ / ______ / ______
Party B (Manufacturer / OEM Processor): ________________________
Signature / Seal: ________________________
Date: ______ / ______ / ______
