I accept that during my association with SWOP NSW, whether as an employee, contractor or volunteer, I may become aware of, or have access to information which is:
- Personal;
- Sensitive; and/or
- Confidential,
and further agree to handle information and perform my duties in accordance with the terms of this agreement.
Definitions
'Information' means any information about SWOP NSW, its clients, its employees, its volunteers, or its business (including, but not limited to, any idea, concept process or know-how) which comes to your notice in the course of your work; or is generated by you in the course of performing your duties.
'Personal information' includes such things as a person's full name, date of birth, gender, address, and other contact details.
'Sensitive information' means information or opinion about an individual's racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, gender identification, criminal records or health information about an individual.
'Confidential Information' includes both personal and sensitive information and any other information which is confidential and not in the public domain (unless in the public domain because of a breach in confidentiality).
'Intellectual Property' means all present and future rights to intellectual property including any inventions and improvements, trade marks (whether registered or common law trade marks), designs, copyright, any corresponding property rights under the laws of any jurisdication and any rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data or formula related to your employment, association with SWOP NSW and the usual business of SWOP NSW.
Disclosure of information
Your obligations during your association with SWOP NSW:
During your association with SWOP NSW, you must not use or disclose information unless the disclosure is:
- Required by law;
- Made as part of the proper performance of your duties; or
- Agreed to by SWOP NSW.
Your obligations after your association with SWOP NSW ends:
After your association with SWOP NSW ends, and without limiting your general law obligations, you must not disclose Confidential Information unless the disclosure is:
- Required by law; or
- Agreed to in writing by SWOP NSW
After your association with SWOP NSW ends, you must promptly return to SWOP NSW all copies of any personal, sensitive and/or confidential information in whatever form in your possession, custody or control.
Preventing Disclosure
You must take all reasonable and necessary precautions to maintain the secrecy and prevent disclosure of information. To avoid doubt, this clause is not intended to limit any duty of fidelity implied in an employment agreement. Your obligations under this clause continue after your association, including any employment ends.
Unauthorised Disclosure
In the case of unauthorised diclosure of an individual's personal, sensitive or confidential information by you, the person may be entitled to sue you for damages.
SWOP NSW will not indemnify you for such damages.
Unauthorised disclosure may result in:
- Instant dismissal of an employee, contractor or volunteer,
- Immeditate termination of contract(s) for goods and servicse; and
- Possible civil and/or criminal proceedings.
Intellectual Property
SWOP NSW owns all Intellectual Property Rights that you create or contribute to during your association with SWOP NSW, whether as an employee, contractor or volunteer.
You must do all things necessary to ensure that SWOP NSW owns Intellectual Property that you create or contribute to during your association with SWOP NSW.
You must inform SWOP NSW of all Intellectual Property that you create or contribute to during your association with SWOP NSW.
Company Policies
SWOP NSW has various policies, including a Code of Conduct, which apply to your work, at SWOP NSW. You must familiariz yourself with these policies. Where the policies place obligations on you, you must comply with them. SWOP NSW may review, vary, add to or withdraw the policies from time to time in its absolute discretion.