© 2021 American Clean Power Association. All rights reserved. All ACP surveys/systems are copyrighted by ACP, which retains exclusive proprietary rights over such material. Distribution of the surveys/systems and their results is limited to participating companies, and it is expected that all companies to which surveys/systems are distributed will regard this information as confidential. By viewing or accessing ACP surveys/systems, you agree that you shall not sell or otherwise engage in any distribution of ACP surveys/systems outside your organization, or engage in any unauthorized use of ACP surveys/systems without the express written permission of ACP.
As a matter of policy, ACP typically does not release individual company data and refers all inquiries regarding an individual company or its data to the company in question. However, individuals supplying information should be aware that, while information which they supply in response to questionnaires or surveys will not ordinarily be made available to the public (unless otherwise noted on the questionnaire or survey form), such information is not privileged in the legal sense of the word. Consequently, such information may be subject to discovery (i.e., disclosure in legal and government proceedings) or other disclosures requested or required by applicable laws or regulations or governmental authorities.
This potential for disclosure is particularly important to consider with respect to any question that requests information which may be sensitive and for which confidentiality may be important. Accordingly, a company should not provide information (in response to a questionnaire or survey) that it considers to be a trade secret or which, regardless of its nature, the company would not otherwise disclose to the public.
When there is any question as to whether information would constitute a trade secret or whether it would be information that the company would not otherwise disclose to the public, the company employee responding to an such information request should consult with the appropriate company legal counsel before supplying a response.