This is what the NDA looks like:

Non-Disclosure Agreement (NDA) for Unity and Pride Network

This Non-Disclosure Agreement (NDA) is made and entered into by and between:

Unity and Pride Network (Receiving Party) City: ________ Province/State: _______ and _________ (Disclosing Party) City: _________ Province/State:_____________.

Purpose:
This Non-Disclosure Agreement (NDA) is designed to protect the privacy and confidentiality of participants and users, including minors, associated with the Unity and Pride Network. This document outlines the terms under which confidential information will be protected.

Effective Date:____________
Definitions:
- Confidential Information: Any information disclosed by the Disclosing Party to the Receiving Party, either directly or indirectly, in writing, orally, or by inspection of tangible objects, which is designated as 'Confidential,' 'Proprietary,' or some similar designation. This includes personal data of minors, proprietary processes, organizational plans, and any other sensitive information shared between the parties.

Obligations of the Receiving Party:
1. Non-Disclosure: The Receiving Party agrees not to disclose any Confidential Information to third parties without the prior written consent of the Disclosing Party.
2. Use of Confidential Information: The Receiving Party agrees to use the Confidential Information solely for the purpose of their involvement with the Unity and Pride Network and not for any other purpose.
3. Protection of Confidential Information: The Receiving Party agrees to take all necessary steps to protect the confidentiality of the Confidential Information and to prevent any unauthorized use or disclosure.
4. Specific Non-Disclosure Clause: The Receiving Party agrees that all personal information, including but not limited to names, dates of birth, sexual orientation, addresses, places of education, employment, or names of any campgrounds, will never be disclosed to any person within or outside of the Unity and Pride Network, except where disclosure is mandated by law pursuant to a Provincial, State, or Federal court order. Unity and Pride Network is committed to never breaching the trust of any individual.

Mutual Protection of Personal Information:
All personal information, including but not limited to names, addresses, phone numbers, and any other identifying details collected through application forms, registration documents, or any other forms associated with the Unity and Pride Network, is considered confidential and shall be protected under the terms of this NDA.

Exclusions from Confidential Information:
Confidential Information does not include information that:
1. Is or becomes publicly known through no wrongful act of the Receiving Party.
2. Was in the Receiving Party's possession prior to disclosure by the Disclosing Party.
3. Is received from a third party without breach of any obligation of confidentiality.
4. Is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.

Term and Termination:
This NDA shall remain in effect for a period of 365 days from the effective date, or until terminated by either party with 180 days' written notice. The confidentiality obligations shall survive the termination of this NDA for the same period. All personal information contained in this NDA will be shredded after the expiration date of the NDA.

Exit Clause for Unfortunate Events:
In the event of the death, medical illness, or disability of either party, this Agreement may be terminated immediately by providing written notice to the other party. The affected party, or their legal representatives, will not be considered in breach of this Agreement under such circumstances. All obligations to return or destroy Confidential Information as stipulated in this Agreement shall still apply.

Legal Compliance:
The Receiving Party agrees to comply with all applicable laws and regulations concerning data privacy and protection, including but not limited to:
1. Personal Information Protection and Electronic Documents Act (PIPEDA): Governs the collection, use, and disclosure of personal information in the course of commercial activities across Canada.
2. Provincial Privacy Laws: Including but not limited to:
- British Columbia's Personal Information Protection Act (PIPA)
- Alberta's Personal Information Protection Act (PIPA)
- Ontario's Personal Health Information Protection Act (PHIPA)
- Quebec's Act Respecting the Protection of Personal Information in the Private Sector
3. United States Federal Privacy Laws: Including but not limited to:
- Health Insurance Portability and Accountability Act (HIPAA): Protects sensitive patient health information.
- Children's Online Privacy Protection Act (COPPA): Imposes requirements on operators of websites or online services directed to children under 13 years of age.
- Family Educational Rights and Privacy Act (FERPA): Protects the privacy of student education records.
4. United States State Privacy Laws: Including but not limited to:
- California Consumer Privacy Act (CCPA): Enhances privacy rights and consumer protection for residents of California.
- California Privacy Rights Act (CPRA): Expands the CCPA and creates additional consumer privacy rights.
- New York SHIELD Act: Imposes data security requirements on businesses that collect private information about New York residents.
- Virginia Consumer Data Protection Act (CDPA): Establishes a framework for controlling and processing personal data in Virginia.
The Receiving Party is committed to ensuring that all personal data is handled in accordance with these laws.

Remedies:
The Receiving Party acknowledges that any breach or threatened breach of this NDA may cause irreparable harm to the Disclosing Party, and in addition to any other rights and remedies available, the Disclosing Party shall be entitled to seek injunctive relief to prevent further unauthorized disclosure.

Governing Law:
This NDA shall be governed by and construed in accordance with the laws of the Province or State: _________, without regard to its conflict of laws principles.

Dispute Resolution:
Any disputes arising out of or in connection with this Agreement shall be resolved through mediation. If mediation fails, the dispute shall be resolved through arbitration as follows:
- For disputes arising in Canada, arbitration shall be conducted in accordance with the rules of the Ontario Superior Court of Justice or the University of Windsor Faculty of Law.
- For disputes arising in the United States, arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Severability:
If any provision of this Agreement is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.

Entire Agreement:
This NDA constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

Amendments:
No amendment, modification, or waiver of any provision of this NDA shall be effective unless made in writing and signed by both parties. Any waiver of any provision of this NDA shall not constitute a waiver of any other provision, nor shall it constitute a continuing waiver unless expressly stated otherwise.

Execution:
This NDA may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. Signatures delivered by facsimile or other electronic means shall be deemed effective for all purposes.

Signatures:
Disclosing Party:
Signature: _________________________
Name: ____________________________
Title: _____________________________
Date: ___________________________
City: ____________________________
Province/State: ___________________

Receiving Party: Unity and Pride Network
Signature: ________________________
Name: __________________________
Title: Administrator
Date: __________________________
City: __________________________
Province/State: _________________

Rationale for the NDA
Unity and Pride Network Overview:
Unity and Pride Network is dedicated to advocating for the rights, wellbeing, and equality of transgender and LGBTQ+ individuals across North America. The organization fosters an inclusive and supportive environment through comprehensive education, impactful advocacy, and community engagement. The services include educational resources, advocacy campaigns, support networks, and community events aimed at creating lasting positive change.

Key Elements Requiring Confidentiality:
1. Personal Data of Minors: As the network supports LGBTQ+ youth, including minors, it is crucial to protect their personal data. Parents and guardians would need to ensure that any information shared about their children is kept confidential.
2. Educational and Support Resources: The network provides workshops, online courses, and seminars which may involve sharing sensitive personal experiences and information. This needs protection to ensure participants feel safe and secure.
3. Advocacy and Legal Support: Confidentiality in advocacy campaigns and legal support is essential to protect the identities and circumstances of individuals seeking assistance.
4. Community Engagement Activities: Events, support groups, and community stories often involve personal disclosures that require confidentiality to foster a trusting environment.

Legal Considerations:
The NDA ensures compliance with data privacy laws in both Canada and the United States, addressing the legal requirements for handling sensitive personal data, especially of minors.

Download PDF of the NDA