You have a Duty of Fidelity to PUSHWORTH as a Team Member and as such are obligated to preserve the integrity of all information. PUSHWORTH possesses and will become possessed of certain confidential information concerning and relating to the business of the company including, but without limitation, know-how, formulae, computer software, trade secrets, client lists and confidential financial information of the Company, its dealings, transactions or affairs.
The confidential information and any business or intellectual property rights relating to it or any part of it, shall remain property of the company and nothing in this agreement as to conduct of the company shall be deemed to convey to the Team Member and right, title, or interest in the confidential information, or any part of it.
The Team Member shall have no right to use confidential information or any part of it outside the course and scope of the employment of service by PUSHWORTH. By signing this agreement, the Team Member acknowledges that the confidential information is confidential and that the company’s rights in the confidential information are protected by law.
It is fundamental and essential that:
- You shall maintain each and every part of the confidential information that is disclosed to you is in strict confidence for the company.
- You will not use or cause or permit the confidential information or and part of it to be used for your own benefit or for the benefit of any other person.
- You will not communicate, or cause or permit to be communicated, any opinion to any other person other the company regarding the confidential information or any part of it.
- You will not disclose the confidential information or cause or allow it to be disclosed to any person without prior written permission of the company.
- You shall not copy or duplicate the confidential information or any part or it other as a necessary part or incident of the performance by you or your duties.
You will not be required to observe or submit to the provisions of this clause in relation to any information which:
- Has been part of the common knowledge and within the public domain prior to disclosure to you.
- Has become part of the public domain by publication or by any other means except any unauthorized act omission on your part or,
- Has been supplied to you without restriction by a third party who is under no obligation to maintain such information in confidence.
In providing services to PUSHWORTH clients, PUSHWORTH Team Members will have access to information that a client may claim as being proprietary in nature and confidential. All Service Contracts offered by PUSHWORTH to clients include a condition of the disclosure of, or access to, any such information, that the company executes a secrecy or non-disclosure agreement relating to that information. Such secrecy or non-disclosure agreements require the proposed recipient of the information to ensure that those of its Team Members to whom access to such information is to be given; will also execute a similar form of secrecy or non-disclosure agreement.
You agree to be undertaking, without qualification, too:
- Maintain the same confidentiality and observe the same requirements as are acknowledge herein and accept by you, in relation to the client confidential information, for all and any information that;
- Is the property of any client of the company
- Is claimed by the client as being confidential, and
- Is disclosed to you or of which you has become aware, in the course and scope of your work with PUSHWORTH, including but without limitation, know-how, data, formulae, procedures, processes, formulations, specifications and trade secrets generally.
- Execute such form of secrecy or non-closure agreement as PUSHWORTH may be prepared to execute and as may reasonably be required by a client as a condition of the disclosure to you, in the course and scope of the your work with PUSHWORTH.
PUSHWORTH is engaged in the business of TALENT RECRUITMENT, ARTIST REPRESENTATION AND ENTERTAINMENT CONSULTATION providing access to sensitive company and client information plus intellectual property owned by the PUSHWORTH Directors, Consultants and Employees.
PUSHWORTH is obligated to maintain the confidentiality of all personal, professional, administrative, marketing and financial information concerning PUSHWORTH’S Clients, Suppliers, Systems, Operations and Financial Affairs. PUSHWORTH Team Members are given access to all such administrative and financial information in confidence, and therefore agree to protect such information as per their duty of care.
To the extent that PUSHWORTH shall disclose to Team Members any personal, professional, administrative, marketing and financial information concerning PUSHWORTH’S Clients, Suppliers, Systems, Operations and Financial Affairs, then all such Confidential Information disclosed to Team Members shall be received by it in confidence.
Except for authorised use during your employment, or otherwise, as required by law, you must not disclose to any person (including a corporation) during your employment or after your employment has ended, any confidential information that you have received or accessed in connection with your employment with PUSHWORTH.
Confidential information includes:
- Technological products, ideas and concepts of PUSHWORTH or its divisions, related entities, clients, contractors or suppliers.
- Financial, business, product or strategic information of PUSHWORTH or its divisions, related entities, clients, contractors or suppliers.
- Terms of contracts or arrangements involving PUSHWORTH or any other party (including its divisions, related entities, clients, contractors, suppliers, Employees and directors).
- Research and development information.
- Business, marketing, strategic and other plans of PUSHWORTH for its business, products or services.
- Customer lists of PUSHWORTH its divisions, related entities, clients, contractors or suppliers.
- Related entities mean any entity connected with the employer by an interest in a common economic enterprise and includes a Related Body Corporate as defined by the Corporations Act (Commonwealth).
- These obligations survive the termination of employment for not less than five years (or such shorter period as PUSHWORTH may at any time notify the Employee in writing) and further if the information can still reasonably have characterised as confidential information.
- In the event of a breach or threatened breach of this clause, PUSHWORTH is entitled to an injunction restraining the Employee from committing a breach without proving actual damage sustained by PUSHWORTH.
- This clause does not apply to information which is generally known or available.
Confidential information of which you become aware or generate in the course of your employment, is to be used solely for the purpose of performing your duties and should not be disclosed to third parties. On termination of employment:
- You must return to PUSHWORTH or delete or destroy as directed all PUSHWORTH property including all information that is the property of PUSHWORTH including but not limited to confidential information.
- Your rights and obligations regarding the disclosure of confidential information continue indefinitely.
Intellectual Property or Intellectual Property Rights including Copyright, Designs, Trademarks and Patents.
- Inventions, designs and other works by PUSHWORTH in the course of the employment (whether alone or with others) entirely vest in PUSHWORTH upon creation.
- The Employee presently assigns to PUSHWORTH all existing in future rights in all intellectual property without restrictions in perpetuity and without claim to payment by way of royalty or otherwise.
- The Employee agrees to promptly do all things necessary to give effect to such assignment, and otherwise as reasonably required by the Employer to recognise its rights in the intellectual property.
- To the extent permitted by the Copyright Act 1968 (Commonwealth), the Employee waives existing and further Moral Rights in his/her Works made in the course of the Employee’s employment and consents to PUSHWORTH’s (and persons authorised by it) acts or omissions concerning the works.
Conflict of Interest
You agree that during the employment you will not directly or indirectly be concerned or interested (except as shareholder of a publicly listed company) in a business that is competitive with the business of PUSHWORTH.
Restraint of Trade
The Employee must not for the periods specified in the following schedule, (The Restraint Period) after the employment is terminated (for whatever reasons) in the area/s specified in the scheduled (The Restraint Area):
- Undertake, carry on, be employed or engaged, whether directly or indirectly, any business named in the schedule, or other business or activity that is the same or similar to the part/s of PUSHWORTH’s business in which the Employee worked in the twelve months prior to the termination of the employment:
- Solicit, canvas, approach or accept any approach from any person who was a client, contractor or supplier of PUSHWORTH in the twelve months preceding the termination of the employment: and
- Solicit, interfere with or endeavor to entice way from PUSHWORTH any Employee, contractor or agent.
Each such restriction, period or area is intended to be separate and severable. If any of these is found to be invalid, but would be valid if some severance as is necessary to make it/them valid.
This policy shall inure to the benefit of PUSHWORTH, its successors, assigns and designees, and is binding upon the assigns, executors, administrators and other legal representatives of Team Members.
This policy shall be construed in accordance with and governed for all purposes by the laws of the State of Queensland.