Common use of Confidential Information and Privacy Clause in Contracts

Confidential Information and Privacy. 5.1 The Parties recognise that Confidential Information may be disclosed by one Party (Disclosing Party) to another Party (Receiving Party) for the purposes of the Project or be created, developed or discovered by an Intern as a direct result of an Intern carrying out the Project (in which event the Industry Partner is considered to be the Disclosing Party in respect of that Confidential Information for the purposes of this agreement). 5.2 The Receiving Party will keep the Confidential Information of the Disclosing Party confidential unless strictly required otherwise by law and will not use the Disclosing Party’s Confidential Information except as required to perform its obligations and exercise its rights under this agreement. 5.3 The obligation of confidentiality survives the conclusion of the Internship and continues until the Confidential Information lawfully becomes part of the public domain. 5.4 At the termination or end of the Internship the Receiving Party must return to the Disclosing Party or destroy any material forms of the Confidential Information of the Disclosing Party in the Receiving Party's possession or control including any documents originating from the Receiving Party to the extent they embody the Confidential Information of the Disclosing Party and the Receiving Party must not keep any copies in any form, except to the extent that: (a) the Receiving Party has an ongoing licence to continue to use that Confidential Information under this agreement; or (b) any copy is retained for the purpose of complying with the Receiving Party's legal obligations or in accordance with the Receiving Party's usual back-up procedures. 5.5 This clause 5 does not limit or supersede any confidentiality obligations under any separate agreement between any of the Parties and/or an Intern except to the extent expressly agreed in writing. 5.6 The Parties agree to handle all personal information in accordance with the Privacy and Data Protection Act 2014 (Vic) and the Health Records Act 2001 (Vic), including the Information Privacy Principles and the Health Privacy Principles and any code of practice and guidelines made under these Acts.

Confidential Information and Privacy. 5.1 The Parties recognise that Confidential Information may be disclosed by one Party (Disclosing Party) to another Party (Receiving Party) for the purposes of the Project or be created, developed or discovered by an Intern as a direct result of an Intern carrying out the Project (in which event the Industry Partner is considered to be the Disclosing Party in respect of that Confidential Information for the purposes of this agreement). 5.2 The Receiving Party will keep the Confidential Information of the Disclosing Party confidential unless strictly required otherwise by law and will not use the Disclosing Party’s Confidential Information except as required to perform its obligations and exercise its rights under this agreement. 5.3 The obligation of confidentiality survives the conclusion of the Internship and continues until for a period of 7 years unless the Confidential Information lawfully becomes part of the public domain. 5.4 At the termination or end of the Internship the Receiving Party must return to the Disclosing Party or destroy any material forms of the Confidential Information of the Disclosing Party in the Receiving Party's possession or control including any documents originating from the Receiving Party to the extent they embody the Confidential Information of the Disclosing Party and the Receiving Party must not keep any copies in any form, except to the extent that: (a) the Receiving Party has an ongoing licence to continue to use that Confidential Information under this agreement; or (b) any copy is retained for the purpose of complying with the Receiving Party's legal obligations or in accordance with the Receiving Party's usual back-up procedures. 5.5 This clause 5 does not limit or supersede any confidentiality obligations under any separate agreement between any of the Parties and/or an Intern except to the extent expressly agreed in writing. 5.6 The Parties agree to handle all personal information in accordance with the Privacy and Data Protection Act 2014 (Vic) and the Health Records Act 2001 (Vic), including the Information Privacy Principles and the Health Privacy Principles and any code of practice and guidelines made under these Acts.

Confidential Information and Privacy. 5.1 7.1 The Parties recognise Contractor/Consultant must ensure that Confidential Information may be disclosed any material and University property (including security-related devices and clearances) provided by one Party (Disclosing Party) to another Party (Receiving Party) the University for the purposes of the Project Contract are protected at all times from unauthorised access, use by a third party, misuse, damage and destruction. 7.2 The Contractor/Consultant will not use University trademarks or be createdlogos, developed or discovered disclose that the University is a customer, without the University’s prior written consent. 7.3 The Contractor/Consultant may use Confidential Information only for the purpose of performing its obligations under the Contract and must keep confidential all Confidential Information except to the extent that it is required by an Intern as a direct result of an Intern carrying out the Project (in which event the Industry Partner is considered law to be the Disclosing Party in respect of disclose that Confidential Information or for disclosures permitted under clause 7.3. 7.4 The Contractor/Consultant may disclose Confidential Information to persons who have a need to know for the purposes of this agreement). 5.2 The Receiving Party will keep the Confidential Information of the Disclosing Party confidential unless strictly required otherwise by law Contract (and will not use the Disclosing Party’s Confidential Information except as required to perform its obligations and exercise its rights under this agreement. 5.3 The obligation of confidentiality survives the conclusion of the Internship and continues until the Confidential Information lawfully becomes part of the public domain. 5.4 At the termination or end of the Internship the Receiving Party must return to the Disclosing Party or destroy any material forms of the Confidential Information of the Disclosing Party in the Receiving Party's possession or control including any documents originating from the Receiving Party only to the extent they embody the Confidential Information of the Disclosing Party that each has a need to know) and the Receiving Party must not keep any copies in any formwho, except to the extent thatbefore disclosure: (a) in the Receiving Party has an ongoing licence case of Contractor/Consultant’s officers and employees, have been directed by the Contractor/Consultant to continue to use that keep confidential all Confidential Information under this agreementInformation; orand (b) any copy is retained for in the purpose case of complying other persons, have agreed in writing with the Receiving Party's legal Contractor/Consultant to comply with substantially the same obligations or in accordance respect of Confidential Information as those imposed on the Contractor/Consultant under the Contract. 7.5 The Contractor/Consultant must ensure that each person to whom it discloses Confidential Information under clause 7.3 complies with the Receiving Party's usual back-up proceduresdirection or agreement (as the case may be) referred to in clause 7.3. 5.5 This clause 5 does not limit 7.6 The Contractor/Consultant must: (a) in respect of any information that the Contractor/Consultant receives or supersede any confidentiality obligations has access to in the course of performing under any separate agreement between the Contract, comply with the University’s Privacy Policy, the Privacy Act 1988 (Cth) and all other privacy legislation that applies to any of the Parties and/or an Intern except activities carried out in the course of performing the Contract, and any direction of the University regarding how to comply with such policy and legislation, as if that legislation applies to the extent expressly agreed in writingContractor/Consultant; and (b) immediately notify the University if it becomes aware of a breach or possible breach of any of its obligations under clause 7.5(a). 5.6 7.7 The Parties agree Contractor/Consultant may be required, at the University’s election, to handle all personal information in accordance with destroy or return the Privacy and Data Protection Act 2014 (Vic) and Confidential Information at the Health Records Act 2001 (Vic), including end of the Information Privacy Principles and the Health Privacy Principles and any code of practice and guidelines made under these ActsTerm.

Confidential Information and Privacy. 5.1 The Parties recognise parties will consult wherever practicable in relation to any press release or public statement about this MOU or any Services Schedule. The parties acknowledge that they are each subject to certain legislative obligations and restrictions (including the Privacy Act 1988 (Cth) and secrecy provisions under Commonwealth legislation) and that each party must conduct its activities under this MOU and the Services Schedules in accordance with the legislative obligations and restrictions applying to it. Each party receiving information or Material from the other party will take all reasonable actions necessary to ensure that the information and Material provided is held, used and protected in at least the same manner in which the receiving party holds, uses and protects its own Material of a similar type or nature. A Services Schedule may specify additional arrangements in relation to the protection of information and Material. Where any Confidential Information is provided under a Services Schedule or in connection with this MOU, the receiving party will not disclose that Confidential Information without first obtaining the providing party's consent (which may be disclosed by one Party (Disclosing Party) to another Party (Receiving Party) for granted on such conditions as the purposes of the Project or be created, developed or discovered by an Intern as a direct result of an Intern carrying out the Project (in which event the Industry Partner is considered to be the Disclosing Party in respect of that Confidential Information for the purposes of this agreementproviding party sees fit). 5.2 The Receiving Party will keep the Confidential Information of the Disclosing Party confidential unless strictly required otherwise by law and will not use the Disclosing Party’s Confidential Information except as required to perform its obligations and exercise its rights under this agreement. 5.3 The obligation of confidentiality survives the conclusion of the Internship and continues until the Confidential Information lawfully becomes part of the public domain. 5.4 At the termination or end of the Internship the Receiving Party must return to the Disclosing Party or destroy any material forms of the Confidential Information of the Disclosing Party in the Receiving Party's possession or control including any documents originating from the Receiving Party to the extent they embody the Confidential Information of the Disclosing Party and the Receiving Party must not keep any copies in any form, except to the extent thatthat the Confidential Information: (a) 7.4.1 is disclosed by the Receiving Party has an ongoing licence receiving party to continue comply with its obligations, or to use that Confidential Information exercise its rights, under this agreementMOU or a Services Schedule; 7.4.2 is disclosed to a party's internal personnel or external advisers who have a need to know (and who have agreed to keep the information confidential) to enable effective management or review of MOU related activities; 7.4.3 is disclosed by a party to its Minister or in response to a request or direction of a House or Committee of the Commonwealth Parliament; 7.4.4 is disclosed in the public domain other than through unauthorised disclosure by the receiving party; or (b) any copy 7.4.5 is retained for authorised or required to be disclosed by law. If a Services Schedule requires a party to use the purpose of complying with the Receiving Party's legal obligations or in accordance with the Receiving Party's usual back-up procedures. 5.5 This clause 5 does not limit or supersede any confidentiality obligations under any separate agreement between any premises of the Parties and/or an Intern except other party, the first party will ensure that its employees, officers, agents and contractors comply with all of the other party's procedures and directions relating to the extent expressly agreed in writingsafety and security at those premises (including occupational health and safety requirements) as Notified by that other party. 5.6 The Parties agree to handle all personal information in accordance with the Privacy and Data Protection Act 2014 (Vic) and the Health Records Act 2001 (Vic), including the Information Privacy Principles and the Health Privacy Principles and any code of practice and guidelines made under these Acts.

Confidential Information and Privacy. 5.1 The Parties recognise 14.1 Each party that receives (Recipient) Confidential Information may be disclosed by one Party of a disclosing party (Disclosing Party): (a) to another Party (Receiving Party) for the purposes of the Project or be created, developed or discovered by an Intern as a direct result of an Intern carrying out the Project (in which event the Industry Partner is considered to be the Disclosing Party in respect of that Confidential Information for the purposes of this agreement). 5.2 The Receiving Party will keep may use the Confidential Information of the Disclosing Party only for the purposes of this Agreement; and (b) must keep confidential unless strictly required otherwise by law and will not use the Disclosing Party’s Confidential Information except as required to perform its obligations and exercise its rights under this agreement. 5.3 The obligation of confidentiality survives the conclusion of the Internship and continues until the Confidential Information lawfully becomes part of the public domain. 5.4 At the termination or end of the Internship the Receiving Party must return to the Disclosing Party or destroy any material forms of the all Confidential Information of the Disclosing Party in the Receiving Party's possession or control including any documents originating from the Receiving Party except:‌ (i) for disclosures permitted under clause 14.2; and (ii) to the extent they embody (if any) the Recipient is required by law to disclose any Confidential Information. 14.2 A Recipient may disclose such Confidential Information of the Disclosing Party and the Receiving Party must not keep any copies in any form, except to the extent thatpersons who: (a) have a need to know for the Receiving Party purposes of this Agreement (and only to the extent that each has an ongoing licence a need to continue to use that Confidential Information under this agreementknow); orand (b) any copy is retained for before such disclosure: (i) in the purpose case of complying the Recipient's employees, staff, contractors, representatives, and other similar personnel, have been directed by the Recipient to keep confidential all Confidential Information of the Disclosing Party; and (ii) in the case of other persons approved in writing by the Disclosing Party, have agreed in writing with the Receiving Recipient to comply with substantially the same obligations in respect of Confidential Information of the Disclosing Party as those imposed on the Recipient under this Agreement, (each a Direction). 14.3 A Recipient must: (a) ensure that each person to whom it discloses Confidential Information of a Disclosing Party under clause 14.2 complies with its Direction; and (b) notify the Disclosing Party of, and take all steps to prevent or stop, any suspected or actual breach of a Direction. 14.4 If a Recipient is required by law to disclose any Confidential Information of a Disclosing Party to a third person (including, but not limited to, government) the Recipient must: (a) before doing so: (i) notify the Disclosing Party's legal ; and (ii) give the Disclosing Party a reasonable opportunity to take any steps that the Disclosing Party considers necessary to protect the confidentiality of that information; and (b) notify the third person that the information is confidential information of the Disclosing Party. 14.5 Each party will comply with its obligations or under the applicable Privacy Laws. 14.6 In particular, each party will ensure that Personal Information of the students enrolled in the Program is collected, used, stored and disclosed in accordance with the Receiving Party's usual back-up proceduresall applicable Privacy Laws. 5.5 This clause 5 does not limit or supersede any confidentiality obligations 14.7 GLS University will, and warrants and represents that it will, make all necessary disclosures, and obtain all necessary consents and authorisations (including as required under any separate agreement between applicable Privacy Laws), to permit GLS University to disclose any of Personal Information to UTS College, including the Parties and/or an Intern except consent and authorisation to the extent expressly agreed in writing. 5.6 The Parties agree enable UTS College to handle all personal information use, process, store and disclosure such Personal Information in accordance with the Privacy and Data Protection Act 2014 each its privacy policy (Vic) and the Health Records Act 2001 (Vic), including the Information Privacy Principles and the Health Privacy Principles and any code of practice and guidelines made under these Acts.available on its website).‌

Confidential Information and Privacy. 5.1 The Parties recognise that Confidential Information may be disclosed by one Party (Disclosing Party) to another Party (Receiving Party) for the purposes of the Project or be created, developed or discovered by an Intern as a direct result of an Intern carrying out the Project (in which event the Industry Partner is considered to be the Disclosing Party in respect of that Confidential Information for the purposes of this agreement). 5.2 The Receiving Party will keep the Confidential Information of the Disclosing Party confidential unless strictly required otherwise by law and will not use the Disclosing Party’s Confidential Information except as required to perform its obligations and exercise its rights under this agreement. 5.3 The obligation of confidentiality survives the conclusion of the Internship and continues until the Confidential Information lawfully becomes part of the public domain. 5.4 At the termination or end of the Internship the Receiving Party must return to the Disclosing Party or destroy any material forms of the Confidential Information of the Disclosing Party in the Receiving Party's possession or control including any documents originating from the Receiving Party to the extent they embody the Confidential Information of the Disclosing Party and the Receiving Party must not keep any copies in any form, except to the extent that: (a) the Receiving Party has an ongoing licence to continue to use that Confidential Information under this agreement; or (b) any copy is retained for the purpose of complying with the Receiving Party's legal obligations or in accordance with the Receiving Party's usual back-up procedures. 5.5 This clause 5 does not limit or supersede any confidentiality obligations under any separate agreement between any of the Parties and/or an Intern except to the extent expressly agreed in writing. 5.6 The Parties agree Where a party has access to handle all personal information Personal Information in accordance order to perform its obligations under this agreement, the party in receipt of the Personal Information must comply with the Privacy and Data Protection Act 2014 (Vic) and the Health Records Act 2001 (Vic)requirements of any privacy legislation applicable to that party, including if applicable, the Information Privacy Principles and the Health Privacy Principles and any code of practice and guidelines made under these ActsXxx 0000 (Cth).