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NDA & PDS Consent Form

PDS form
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0% found this document useful (0 votes)
55 views12 pages

NDA & PDS Consent Form

PDS form
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT MADE: This___May 9, 2024 (Date Signed) in Laguna, Philippines. PARTIES: COMPANY: TECHLOG CENTER PHILIPPINES — ASURION, a local branch of Techlog Center, LLC, a limited liability company duly organized and existing under the laws of the State of Delaware of the United States of America, with local business address at Lot C3-10 Carmelray Industrial Park Il, SEZ, Barangay Punta, Calamba City, Laguna, represented herein by its Director, John Joseph Cano. EMPLOYEE: David Andrew S. Gildo (Full Name), Filipino, of legal age and with residential address at Paliparan 3 Dasmarifias City Cavite RECITALS: ‘A. The Company is in the business of refurbishing defective and broken mobile phones as part of Techlog Center, LLC, which provides mobile device protection products to individual subscribers through US-based carriers. B. The Employee is engaged Customér Support Expert "99°C the Company asa C. During the period of the Employee's employment with the Company, the Company will disclose to the Employee, and Employee will be knowledgeable of, Confidential Information as defined below. D. _Use of the Confidential Information by persons other than the Company, its employees, and/or duly authorized agents may cause the Company material damage, reduce the value of the Confidential Information, and result in the Company's breach of its obligations to third party/ies. E. —_Assuch, the Company and the Employee have agreed to enter into this Confidentiality and Non-Disclosure Agreement (the “Agreement") to protect any Confidential Information which may be disclosed during employment of the Employee. AGREED TERMS AND CONDITIONS: 4. Term - The obligations and restrictions in this Agreement shall be in full force and effect for the whole duration of the Employee's employment with the Company and for one (1) year after its termination, 2. Confidential Information - “Confidential Information” means any data or information of the Company, whether oral, written or otherwise recorded, that is identified by the 1 ‘Company as non-public, confidential or proprietary in nature, or given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential or proprietary. Notwithstanding the foregoing the following information shall be considered Confidential Information, whether or not specifically identified as such: fhnical information: Any scientific, computer or other technical information, Source code, technology, research, methods, designs, drawings, inventions, improvements, processes, formulae, compositions, notebook or journal entries, technical notes and graphs, systems, techniques, machines, computer programs. and research projects or any data provided by the Company for testing purposes. b. Marketing, Sales and Product information: Information relating to any current or proposed products, including released or unreleased software or software products, computer programs, digital products, services, customer lists, client lists, pricing data, sources of supply, sales data, marketing plans, merchandising information, financial and strategies systems or plans, methods, businesses or business plans, pricing, distribution and other business strategies. ©. Business information: Any information regarding suppliers, vendors, service delivery mechanisms, dealers, agents or employees of the Company; any data or lists pertaining to any customers or the volume or any statistics about the ‘customers of the Company, any claims data of the Company including information about the volume or type of insurance claims, all designs, ideas, processes, procedures, formulae, know-how, compilations, improvements, trade secrets, copyrightable materials, notes or records of the Company, and any financial information relating to any aspect of the foregoing. d. Financial information: Any financial information disclosed by the Company which includes, without limitation, any information about the valuation, capitalization, liquidity, net worth or equity of the Company or any of their affiliates. e. Subscriber Data: Confidential Information shall also include the Company's Subscriber Data. "Subscriber Data” is any information pertaining to individuals, whether employees or subscribers of the Company, including but not limited to Home and Business Addresses and Phone Numbers, credit card information, personal data files, and any other personally identifiable information obtained by Company, in any form, during the term of this Agreement. Subscriber Data is not only Confidential Information, but also restricted in use and access. Third Party Data: All third party confidential or propriety information that the ‘Company has received and in the future will receive which is subject to a duty on the Company's part to maintain the confidentiality of or to use it only for certain restricted purposes, and includes, without limitation, any confidential or proprietary information of the Company's clients, vendors or customers. Confidential Information shall also include any analyses, compilations, derivations, forecasts, studies, or other documents or records which contain, are based on, or otherwise reflect or are generated in whole or in part by the Company from such Confidential Information, including that stored on any computer, word processor or other similar device. 3. Non-Disclosure - The Employee undertakes, warrants and represents that: a. atall times during the term of his employment and thereafter, and during the term of this Agreement, he shall hold in strictest confidence, and not use or disclose any Confidential Information to any person, firm or corporation, except as such use or disclosure is required in conncetion with his work for the Company or unless the ‘Company otherwise authorizes in writing; b. he shall take strict precautions, at a minimum those that he affords his own confidential information of a similar nature, to safeguard and protect from direct or indirect disclosure to any third party all Confidential Information disclosed by the ‘Company to, or otherwise received by the Employee; ©. his employment with the Company does not and will not breach any agreement with any former employer, including any non-compete agreement or any agreement to keep in confidence information acquired by him in confidence or trust prior to his employment with the Company; dhe will not, during his employment with the Company, improperly use or disclose any confidential information or trade secrets of any former employer or other person or entity to whom he has an obligation of confidentiality and that he will not bring onto the premises of the Company any unpublished document or any confidential information belonging to any such employer, person or entity to who he has an obligation of confidentiality, unless consented to in writing by such ‘employer, person or entity; 4, Ownership of Confidential Information - All Confidential Information and its incidents, copies and reproduction shall remain the property of the Company. Any allowed disclosure of Confidential Information shall not be construed as granting either a license under any patent, patent application, or copyright, or any right of ownership in the Confidential Information or its incidents, nor shall such disclosure constitute any representation, warranty, assurance, guarantee or inducement by the Company with respect to infringement of patents or other rights of others. 5. Return of Confidential Information - Upon termination of the Employee's employment or upon the earlier request of the Company, at any time, the Employee shall return all tangible copies of Confidential Information, or shall destroy the same and, shall, in addition, remove any Confidential Information stored in any computer or word processing system and certify within ten (10) calendar days of request that such removal and destruction has occurred and undertake not to retain any copies of Confidential Information, provided that the Employee shall be entitled to retain a copy of any Confidential Information if required to do so to comply with any law, regulation or court order. 6. Relationship of the Parties - The disclosure of Confidential Information is not and does not create a partnership, joint venture or other form of legal entity or business enterprise between the parties. The relationship between the Parties shall be governed by the Employee's Employment Agreement 7. No Assignment - Neither party may assign this Agreement nor any of its rights or obligations in the Agreement. 8. Waiver - No waiver by a Party of a failure by the other party to perform any provision of this Agreement shall operate or be constituted as a waiver in respect of any other or further, failure. 9. Damages - Violation of this Agreement compelling confidentiality shall render the offending Party liable for liquidated damages in the amount of not less than ONE MILLION PESOS (Phpt,000,000.00). Each Party expressly acknowledges and agrees that damages may not be an adequate remedy for breach of this Agreement and that the aggrieved party is entitled to seek the remedies of injunction, specific performance or other, ‘equitable relief, for any threatened or actual breach of this Agreement and that no proof of special damages shall be necessary for the enforcement of this Agreement. 10. General Provisions - Should any provision of this Agreement be determined to be void, Walid or unenforceable by any court or tribunal of competent jurisdiction, such determination shall not affect the remaining provisions which shall remain in full force and effect. This Agreement may be executed in one or more counterparts, each of which when taken together shall constitute the same instrument. No waiver or modification of any of the provisions of this Agreement shall be valid unless in writing and signed by both Parties. 41. Governing Law - The Parties agree that this Agreement shall be exclusively governed by and construed in accordance with the laws of the Republic of the Philippines without giving effect to its conflicts of law rules. The Parties submit to the exclusive jurisdiction of the proper Courts of Calamba City, to the exclusion of all other courts, The Parties have executed this Agreement on the date and place first above written. TECHLOG CENTER PHILIPPINES - ‘ASURION ‘Company HIN) SA. John Joseph Cano Jacqueline Qi Director - Employee Relations Director - HR Solutions Signed in the presence of: Signature over printed name Signature over printed name ACKNOWLEDGMENT REPUBLIC OF THE PHILIPPINES) )Ss. BEFORE ME, a Notary Public for and in ,onthis day of___20_, personally appeared: Name Government Issued ID Date/Place Issued known to me to be the same persons who executed the foregoing Confidentiality and Non- Disclosure Agreement, consisting of five (5) pages, including this page where this ‘Acknowledgment is written, and they acknowledged to me that the same is their free and voluntary act and deed, as well as that of the corporation(s) that they represent. IN WITNESS WHEREOF, | have hereunto set my hand and seal this day of_20_ in City. Employee Privacy Policy and Consent Last updated: 05/25/2017 This Employee Privacy Policy and Consent is for employees of Asurion, LLC and its subsidiaries and affiliates (“Asurion") Types of personal information we collect The types of personal information we collect (directly from you or from public or third party information sources) and share depends on the nature of your position, role within our company, and the requirements of applicable laws. Examples of this personal information may include, among other things: + contact information (e.g., name, home and email addresses, telephone numbers, e-mail addresses, emergency contact information) + social security number or other national identification number + passport number + driver's license number + date of birth + bank account/payment information + tax filing status + employment history and letters of recommendation + computer or facilities access and authentication information (e.g., identification codes, passwords) + photographs and other visual images of you * education and training (e.g., employment history, education level, field and institution, competency assessments; professional licenses and certifications; training courses) + personal information in order to provide you with a benefits package (which may include medical information, and beneficiary information member/dependents names and dates of birth) + information revealing gender, racial or ethnic origin, religious beliefs, political affiliations, marital status, health, information provided by government agencies which are unique to an individual such other data declared by law to be sensitive. ‘Some of the above information is sensitive personal information, and as such will be provided additional and appropriate privacy and confidentiality protections. Sensitive personal information is only collected if required to meet our legal obligation and always with your consent. The examples provided are not all-inclusive. We also may collect similar or related information. Asurion_Confidential Employee Privacy Notice PH v1.0 How we use your personal information The personal information you provide to us during your employment will be used for the purposes described below. To engage in human resources management and administration, including (1) to manage work activities and personnel generally, including without limitation appraisals, promotions, and succession planning; (2) to administer salary and payment administration and reviews, wages, bonuses, health care and other benefit plan, pensions, training, leave, promotions, transfers, and any other contractual or other benefits; (3) to manage stock allocations, grants and agreements; (4) to comply with legal requirements, obligations and rights, such as income tax and national insurance deductions; (5) to improve and maintain effective administration of the workforce; (6) to report and carry out workforce analysis; (7) to execute financial agreements between you and Asurion; (8) to facilitate communication you in the workplace location, home and when travelling; (9) to manage any legal or other claims, investigations or disputes related to your employment with the Company; and (10) to manage disciplinary actions, and terminations. To facilitate administrative functions and Information Technology operations, including (1) to facilitate (a) the management and operation of Information Technology and communications systems, and (b) business continuity, disaster recovery, data archive and back-up; (2) to develop and improve products, services and operations; (3) to facilitate (a) reporting and communications, (b) risk management and insurance functions, and (c) maintenance of records relating to business activities; (4) to facilitate (a) budgeting and financial management and reporting, (b) management of Company assets, and (c) strategic planning; and (5) to obtain and maintain licenses, permits and authorizations applicable to Asurion operations. For other legal and expected business-related purposes, including (1) to comply with applicable laws and legal obligations, including without limitation maintenance of the whistleblower hotline (2) to respond to governmental inquiries or requests from public authorities; (3) to comply with valid legal process or discovery obligations; (4) to protect the rights, privacy, safety or property of Asurion, site visitors, guests, employees or the public; (5) to permit us to pursue available remedies or limit the damages that we may sustain; (6) to respond to an emergency; and (7) to monitor and comply with applicable laws, regulations, policies and procedures. It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of your employment, please keep us informed of such changes. Asurion_Confidential Employee Privacy Notice PH v1.0 How we share your personal information All personal information you provide will be transferred to and stored in Asurion human resources and related systems, some of which are hosted by third party service providers engaged by Asurion, that are located in countries other than the Philippines, including the United States. Your personal information may be shared with third parties, such as payroll service providers or benefits providers, in order to carry out such employment related processes. Asurion may also disclose your personal information to: * Comply with the law and/or legal process in which a formal request has been made (e.g. request from an administrative oversight agency, civil suit, subpoena, court order or judicial or administrative proceeding); + Defend our rights and/or property or the rights and property of others; + Enforce our Terms of Use and/or this policy; + Respond to claims that the content(s) of a communication violates the rights of another; + Detect, prevent or otherwise address fraud, security, or technical issues for the purposes for which it was provided to them; * A third-party, in the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of its business or of any assets or shares of our business or a division thereof in order for you to continue to receive the same or similar products and services from the third-party. In such an event, we will provide notice of any material change to this policy, or our services, in the manner described in this policy. In these circumstances, personal information may be shared with the actual or prospective purchasers or assignees, or with the newly acquired business. How we protect your personal information We use commercially reasonable technical, administrative, and physical controls best practices to protect your personal information including data encryption where appropriate. We will notify you of any confirmed security breach of your personal information to the extent required by and in accordance with the law. How long we keep your personal information Asurion will retain your personal information as long as necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or not prohibited by applicable law. Asurion_Confidential Employee Privacy Notice PH v1.0 APEC participation The Asurion privacy practices, described in this policy, comply with the APEC Cross Border Privacy Rules System. The APEC CBPR system provides a framework for organizations to ensure protection of personal information transferred among participating APEC economies. Who to contact We take the privacy of your personal information seriously. If you have any questions or concerns about this privacy policy or your personal information please contact us directly at [email protected] or by mail at: Asurion Attn: Privacy Office clo Office of the General Counsel 648 Grassmere Park Nashville, TN 37211 06/0225 Date Asurion_Confidential Employee Privacy Notice PH v1.0 asurion Authority To Conduct Background Investigation Lauda anna hereby confer absolute (Please Write Complete Name in Capital Letters) permission to Techlog Center Philippines (Asurion) herein referred to as the “Company” under authority/the following terms in connection with my application to render services: 1. General Consent to Background Investigation {As a condition of the Company's consideration of my application to render services, | give permission to Company and/or its duly authorized representatives to investigate my personal and employment history. | understand that this background investigation will include, but not be limited to, verification of all information given by me to the Company and/or its duly authorized representatives. 2. Consent to Contact Past Employers and Companies | specifically confer absolute authority/permission to Company and/or its duly authorized representatives to contact all of my prior employers and companies | have provided services to for references. | further give absolute authority/permission to all my current or previous employers and/or my managers or supervisors to discuss my relevant personal and employment history with the Company and/or its duly authorized representatives, consent to the release of such information orally or in writing, and hereby release them from all liabilities and | agree not to charge them in court for defamation or other claims based upon any statement they make to the Company and/or its duly authorized representatives. | further waive all rights | may have under the law to receive a copy of any written statement provided by any of my former employers or companies | have provided services to or obtained by the Company and/or its duly authorized representatives by means of this authorization. further agree to indemnify all past employers or companies | have provided services to for any liability ‘they may incur because of their reliance upon this authorization. 3. Consent to Contact Government Agencies. I further give absolute authority/permission to the Company and/or its duly authorized representatives to receive a copy of any information obtained in the file of any court of law or government agency whether local, foreign, and/or international concerning or relating to me. | further grant absolute consent to the release of such information and waive any right under law concerning notification of the request for a release of such information. In the event a law does not provide for Company and/or its duly authorized representatives to have access to information, | hereby delegate the Company and/or its duly authorized representatives as my agent(s) for the receipt of information. understand that the scope of this investigation will be limited as required by applicable law. 4, Full and Complete Cooperation with Investigation | agree to fully cooperate in the Company's and/or its duly authorized representatives’ background investigation, and to sign any waivers or releases that may be necessary or desirable to obtain access to relevant information. In the event that any former employer or other company or national and/or local governmental agency will not release reference information or criminal history information directly to the Company and/or its duly authorized representatives, l agree to personally request such information to the extent permitted by law. DATA CLASS ternal Techlog enter Piippines (Asuion) HRS5~008-00 5. Miscellaneous This authority represents the entire understanding and agreement relating to the entire content stated herein. The Company and/or its duly authorized representatives shall be entitled fully to rely on this authorization. | understand that | have no guarantee of being hired to provide services to Company and that the Company may determine not to engage me for any lawful reason. This form shall remain the exclusive property of Company and the absolute authority/permission | have hereby granted by executing this form shall forever remain in full and absolute effect, which the Company can invoke in initiating/conducting background investigation whether past present or contingent. | likewise acknowledge that the Company has the absolute right to immediately terminate my employment and/or | am declaring and recognizing this form as a valid instrument in form and in substance to effect my immediate resignation or termination of employment with the Company, whichever is favorable for the Company, should I get employed by the Company before the result of the background investigation would become available or known to the Company and that the result of the said background investigation declares facts or gathered verbal and/or written statements that are contrary to and/or directly or indirectly refutes any and all oral and/or written statements that | have declared to the Company during my work application with the Company; and that | shall completely acknowledge, recognize, declare and/or agree that the said result of the background investigation as fraud/misrepresentation/deceit, which is a gross and flagrant violation of the Company's policy and is punishable by outright termination of employment and complete forfeiture of whatever company benefits | am or would be entitled to. x 05-09/ 2024 (Signature keyPrinted Name) (Date) OATACLASS Interna Techlog Cate Phipps (surion EMPLOYMENT CONSENT FORM CONFIRMATION I, David Andrew S. Gildo_, hereby authorize Techlog Center Philippines and/or their appointed Agent/Company to verify, countercheck and gather any and all information that I have provided in this Personal Data Sheet necessary, related or reasonably material to my employment application including but not limited to my identity, address, origin, marital status, age, race, and affiliations, health, education, personal data, government licenses, dealings with any government agencies, bank or other financial institution, or information about any judicial, quasi-judicial or administrative case or proceeding, filed for or against me and for this purpose, Techlog Center Philippines and/or their appointed Agent/Company may conduct inquiries as may be necessary at the company’s discretion. I hereby release all persons from liability on account of sueh disclosure. I further confirm that I have expressly consented to and authorized the collection, holding, processing and use of my personal information, of whatever nature and however extensive, in relation to my application for employment, actual employment and post- employment recording/verification. In witness whereof, I have affixed my signature below. usr printed name May 9, 2024 Date

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