Acknowledgment and Undertaking Confidential Information 1. I acknowledge that I have or will have access to Confidential Information in the course of my work at the University. 2. ‘Confidential Information’ means information of a private, confidential or commerciallysensitive nature in the possession, custody or power of the University, regardless of its form and whether I become aware of it before or after the date of this acknowledgment and undertaking, which may be disclosed to, or obtained by, me, and includes: (a) all information marked as confidential; (b) all information treated by the University as confidential; (c) all information that is by its nature confidential; (d) all information that I know or ought to know is confidential; (e) all documents prepared by me based on or incorporating information referred to in paragraphs (a), (b), (c) or (d); and (f) all copies of the information and documents referred to in paragraphs (a), (b), (c), (d) or (e), but excludes: (g) information that I create (whether alone or jointly with any third person) independently of the University; and (h) information that is, or becomes, public knowledge (otherwise than as a result of a breach of confidentiality by me of the Confidential Information or any persons to whom I am permitted to disclose the Confidential Information). 3. ‘Document’ includes any analysis, business plan, calculation, circuit, circuit layout, computer program, computer record, drawing, financial information, market survey, material, memorandum, note, record, report, specification, strategic assessment, summary and any other means by which it is possible to reproduce or store information. 4. I undertake: 5. (a) to use Confidential Information only for the purposes of my work; and (b) to keep confidential all Confidential Information except: (i) for disclosure permitted below; and (ii) to the extent (if any) that I am required by law to disclose the Confidential Information. I may disclose Confidential Information to persons who have a need to know the information (and only to the extent that each person has a need to know). 1 6. 7. I must: (a) ensure that each person to whom I disclose Confidential Information uses, and treats, the information in the same manner as me; (b) immediately notify the University if I suspect or become aware of any unauthorised copying, use or disclosure of Confidential Information in any form; and (c) notify the University of, and take all reasonable steps to prevent or stop, a suspected or actual unauthorised (meaning unauthorised by the University) disclosure or use of Confidential Information. If I am required by law to disclose Confidential Information to a third person (including, but not limited to, government), I must, to the extent permitted by law: (a) (b) 8. before doing so: (i) notify the University; and (ii) give the University a reasonable opportunity to take any steps that the University considers reasonably necessary to protect the confidentiality of that information; and inform the third person that the information is Confidential Information. I understand that maintaining confidentiality is an essential part of my work at the University and that a serious failure to maintain confidentiality may result in the University terminating my services without notice and/or to seek damages for breach of contract. Signed: ________________________________________________________ Name: ________________________________________________________ Dated: _________________________________ 2