Confidentiality Form: Acknowledgment and Undertaking
Please read the confidentiality agreement below and complete the form at the end of the page to confirm your acceptance of this confidentiality agreement.
1) I acknowledge that information may be disclosed to me in relation to my work with HQIP which is confidential (“Confidential Information”). This material may be commercially sensitive, or provided to HQIP on an academic-in-confidence basis (for example research that has not yet been published). Confidential Information may include, but is not limited to:
(a) Pre-publication documents and results
(b) Content and outcome of procurement and tendering activity
(c) Bid material in relation to point b
(d) Content and outcome of the tender clarification meeting
(e) Information relating to the existence, content or outcome of confidential discussions.
In relation to 1b and c:
Please note: in relation to any tender evaluation or moderation meetings, you should carefully consider any future engagement with possible tenderers for contract work. Competitive advantage must not be given to any potential supplier under public sector procurement regulations, and suppliers who canvass you may face disqualification from the procurement process.
Within this confidentiality statement you are:
Confirming that you will not share or disseminate information about the process, content and outcome of the tender moderation meeting outside of pre-approved HQIP processes.
Accept full responsibility for ensuring that where relevant, login to HQIP’s eProcurement platform (Source2Contract) and the bid submissions it contains, will remain confidential at all times and will not be distributed.
2) Subject to paragraph 3 below, I undertake to HQIP that I shall:
(a) Keep all Confidential Information strictly confidential and, except as expressly permitted under this agreement shall not disclose, use, copy in whole or in part or modify or adapt any Confidential Information in any way without HQIP’s prior written consent which may be given or withheld in its absolute discretion and / or
(b) Not use any Confidential Information for any purpose other than participating in the HQIP business and / or
(c) Return all Confidential Information to HQIP on written demand and / or
(d) In the event that HQIP authorizes any disclosure of Confidential Information by me to a third party I shall procure that such third party complies with this agreement as if he were a party to it.
3) The undertakings set out in paragraphs 2 above (the “Undertakings”) shall not apply to information which:
(a) Is in the public domain otherwise than through a breach of any of the Undertakings or a breach of any other confidentiality obligation owed by any person to HQIP;
(b) Was lawfully within my possession before it was disclosed to me by HQIP and neither I nor my alternative source of the information owed any confidentiality obligation to HQIP in respect of it;
(c) Is required to be disclosed by any court of competent jurisdiction or any government agency lawfully requesting the same provided that I use my best endeavours to notify HQIP in advance of such disclosure; or
(d) Is approved for release by prior written authorization of HQIP.
4) I acknowledge that:
(a) Breach by me of any of the Undertakings could cause HQIP harm that is irreparable and that cannot be compensated by damages, and that in the event of any actual or threatened breach by me of any Undertaking HQIP shall be entitled to apply for and obtain (regardless of any rights HQIP may have to claim damages) an injunction or other equitable relief against me;
(b) This agreement constitutes the entire agreement between myself and HQIP relating to the Confidential Information;
(c) Any amendments to or waiver of any of the terms of this agreement must be set out in writing and signed by me and on behalf of HQIP;
(d) This agreement is governed by English law and subject to the exclusive jurisdiction of the English courts.
Please complete and submit this form to accept this confidentiality agreement.
Data Protection Act
For the purposes of the Data Protection Act 2018 and GDPR, your personal data will be processed (including the collection, retention, use and disclosure) (both electronically and manually) by HQIP (or a third party appointed by the Company for such purposes) for purposes relating to your employment and the management, security and administration of the activities of the organisation.