CONFIDENTIALITY AGREEMENT TERMS AND CONDITIONS
RECITALS:
A. The Company is established to serve as an independent, not for profit professional association serving the field of Business Analysis in Australia.
B. The Volunteer has agreed to assist IIBA Australia by performing a role or roles (referred to in the Schedule below), which has been established by the Board of the Company (“the Role”) and, as such, will have access to or may become acquainted with information including, but not limited to, documentation or information received or developed by the Volunteer in their role, event schedules, artwork, advertising copy, survey results, contracts, data bases, correspondence, email, marketing information, financial information and business plans in respect of the Company, its members, subscribers, employees, contractors, customers, sponsors, donors and suppliers (“the Confidential Information”).
C. The Volunteer acknowledges the desire and right of the Company to preserve the secrecy of the Confidential Information.
NOW THIS DEED EXECUTES as follows:
1.0 CONFIDENTIAL INFORMATION
1.1 The Volunteer acknowledges that, in performing the Role for the Company or any other activities, he or she may become acquainted with or have access to Confidential Information, and agrees to maintain the confidence of the Confidential Information and to prevent its unauthorised disclosure to or use by any other person, firm or Company.
1.2 The Volunteer agrees not to use the Confidential Information for any purpose other than for the benefit of the Company during or after his or her membership of the Role.
1.3 The Volunteer must not remove such of the Confidential Information, which is in physical or electronic form from the premises of the Company without the written consent of the Company Chair, or the Board Member responsible for the Role.
1.4 The Volunteer must not, for whatever reason, either for himself or herself or any third party, appropriate, copy or in any manner reproduce or reverse engineer any of the Confidential Information without the written consent of the Company, officer of the Company or the Board Member responsible for the Role.
1.5 The Volunteer agrees to return any or all Confidential Information, which is in physical or electronic form on request of the Company, officer of the Company or the Board Member responsible for the Role.
1.6 Nothing in this deed shall impose an obligation on the Volunteer with respect to maintaining confidence regarding any portion of the Confidential Information, which is:
(a) generally known or available by publication, commercial use or otherwise;
(b) is already known by the Volunteer at the time of disclosure, or
(c) required by law to be disclosed by the Volunteer
nor is it intended to prevent the Volunteer from using his or her own skill in any business in which he or she may be engaged.
2.0 INJUNCTIVE RELIEF
2.1 The Volunteer acknowledges that the Company may obtain injunctive relief against the Volunteer for any breach of this deed.
3.0 GOVERNING LAW
3.1 This deed shall be governed by the law of the state of New South Wales and the parties submit to the jurisdiction of the courts of that state and all courts competent to hear appeals from those courts.
