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 SolutionsSigned 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 v1.0How 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 v1.0How 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 v1.0APEC 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 v1.0asurion
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)
HRS5~008-005. 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 (surionEMPLOYMENT 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