I am working on a v2009 NC project with a client very sensitive to the confidential nature of their work. The project is indicated as private/confidential through LEED Online. We are also going to be as careful as possible about information put onto the LEED Submittal, but I think there will be limitations on the amount of safeguarding vs. the amount of information LEED will want to see.

Recently they were reviewing the Certification Agreement, and found section 10 "....This license also grants GBCI and USGBC the right to use, reproduce, publish, create derivative works from, perform and display such Project Information as described in the Certification Guide."

The Certification Guide indicates "You are free to opt-out of the LEED project directory and publicity opportunities as a “private project” at the time of registration: specific instructions on how to do so are available in LEED Online."

The owner is a bit unsure about the language of the Certification Agreement, and it has led to a series of questions. Is it fair to say the Certification Agreement and Guide work together instead of conflicting? Has anyone had any issues with the USGBC/GBCI accidently or intentionally posting information which should otherwise have been kept private? It is my understanding that if a project says it is private/confidential, it will not show up anywhere or under any search engine. Has anyone ever had any luck getting the GBCI to edit the Certification Agreement to be clearer on the matter of reproducing and publishing information?

Thank you!