Data Protection and Confidentiality 3.1.We obtain, use, process and disclose personal data about you and data subjects (as defined in the DPA) in order that we may provide services under the Agreement and for other related purposes including updating and enhancing client records, analysis for management purposes and statutory returns, crime prevention and legal and regulatory compliance.
CONFIDENTIALITY AND FREEDOM OF INFORMATION In respect of any Confidential Information it may receive directly or indirectly from the other party (“Discloser”) and subject always to the remainder of this Clause 33, each party receiving Confidential Information (“Recipient”) undertakes to keep secret and strictly confidential and shall not disclose any such Confidential Information to any third party without the Discloser’s prior written consent provided that the provisions of this Clause 33 shall not apply to any Confidential Information: which is in or enters the public domain other than by breach of this Contract or other act or omissions of the Recipient; which is obtained from a third party who is lawfully authorised to disclose such information without any obligation of confidentiality; or which the Recipient can demonstrate was in its possession without any obligation of confidentiality prior to receipt of the Confidential Information from the Discloser. A Recipient may disclose Confidential Information to the Recipient’s officers, employees and professional advisors who have a need to know (and only to such extent) provided that prior to disclosure such individuals have been directed in writing by the Recipient to maintain the confidentiality of the Confidential Information. On the expiry or termination of this Contract the Recipient shall deliver up to the Discloser (or, at the Discloser’s written election, securely destroy) all Confidential Information of the Discloser which is in its possession or control subject to the exception set out in Clause 40.1.2.(ii). The Service Provider must not disclose to any third party, save as permitted under this Clause 33, any information in any form or on any media whatsoever regarding the delivery of the Services under this Contract, or permit photography or film in connection with the Services or this Contract, without the prior written permission of the Fund. Any press, media or other enquiry about the Services or this Contract must be referred to the Fund’s Representatives. The Fund is entitled to disclose to any Contracting Authority or Transferee any Confidential Information of the Service Provider which relates to the performance of the Services by the Service Provider. In such circumstances, the Fund shall authorise the Contracting Authority or Transferee to use such Confidential Information only for purposes relating to the performance of the Services and for no other purposes and shall take all reasonable steps to ensure that such body accepts an obligation of confidence. The Service Provider must clearly identify to the Fund any business or trade secret which would prejudice the commercial interests of the Service Provider if disclosed pursuant to a request under the FOI Act or the Environmental Information Regulations 2004. However, the Fund shall be responsible for determining in its absolute discretion whether any commercially sensitive information or other information is exempt from disclosure or may be disclosed either without consulting the Service Provider or following consultation with the Service Provider and having taken its views into consideration. Without prejudice to the generality of Clause 32, the Service Provider shall, and shall ensure that its employees or sub-contractors shall, provide all necessary information and assistance as reasonably requested by the Fund to enable the Fund to respond to any request for information it receives and in compliance with the provisions of the FOI Act. Nothing in this Clause 33 shall prevent the Recipient from disclosing Confidential Information where it is required to do so by judicial, administrative, governmental or regulatory process in connection with any action, suit, proceedings or claim or otherwise by applicable law, including the FOI Act or the Environmental Information Regulations 2004.
Confidentiality and Nondisclosure (a) Employee understands and agrees that he will be given Confidential Information (as defined below) and Training (as defined below) during his employment with Employer relating to the business of Employer and/or its Affiliates (as defined below). Employee hereby expressly agrees to maintain in strictest confidence and not to use in any way (including without limitation in any future business relationship of Employee), publish, disclose or authorize anyone else to use, publish or disclose in any way, any Confidential Information relating in any manner to the business or affairs of Employer and/or its Affiliates. Employee agrees further not to remove or retain any figures, calculations, letters, documents, lists, papers, or copies thereof, which embody Confidential Information of Employer and/or its Affiliates, and to return, prior to Employee's termination of employment, any such information in Employee's possession. If Employee discovers, or comes into possession of, any such information after his termination he shall promptly return it to Employer. Employee acknowledges that the provisions of this paragraph are consistent with Employer's Code of Conduct with which Employee, as an employee of Employer, is bound.