CONFIDENTIALITY UNDERTAKING

entered into between:

I, the undersigned

Prof / Dr / Mr / Ms _______________________________________

Identity Number: _______________________________

Address: ____________________________________________________________________

hereby undertake in favor of the NORTH-WEST UNIVERSITY, a public higher education institution established in terms of the Higher Education Act No. 101 of 1997

Address: Office of the Institutional Registrar, Building C1, 53 Borcherd Street, Potchefstroom, 2520

(hereinafter the “NWU”)

Interpretation and definitions

In this undertaking, unless inconsistent with, or otherwise indicated by the context:

“Confidential Information” shall include all information that is confidential in its nature or marked as confidential and shall include any existing and new information obtained by me after the Commencement Date, including but not be limited in its interpretation to, research data, information concerning research participants, all secret knowledge, technical information and specifications, manufacturing techniques, designs, diagrams, instruction manuals, blueprints, electronic artwork, samples, devices, demonstrations, formulae, know-how, intellectual property, information concerning materials, marketing and business information generally, financial information that may include remuneration detail, pay slips, information relating to human capital and employment contract, employment conditions, ledgers, income and expenditures and other materials of whatever description in which the NWU has an interest in being kept confidential; and

“Commencement Date” means the date of signature of this undertaking by myself.

The headings of clauses are intended for convenience only and shall not affect the interpretation of this undertaking.

Preamble

In performing certain duties requested by the NWU, I will have access to certain Confidential Information provided by the NWU in order to perform the said duties and I agree that it must be kept confidential.

The NWU has agreed to disclose certain of this Confidential Information and other information to me subject to me agreeing to the terms of confidentiality set out herein.

Title to the Confidential Information

I hereby acknowledge that all right, title and interest in and to the Confidential Information vests in the NWU and that I will have no claim of any nature in and to the Confidential Information.

Period of confidentiality

The provisions of this undertaking shall begin on the Commencement Date and remain in force indefinitely.

Non-disclosure and undertakings

I undertake:

to maintain the confidentiality of any Confidential Information to which I shall be allowed access by the NWU, whether before or after the Commencement Date of this undertaking. I will not divulge or permit to be divulged to any person any aspect of such Confidential Information otherwise than may be allowed in terms of this undertaking;

to take all such steps as may be necessary to prevent the Confidential Information falling into the hands of an unauthorised third party;

not to make use of any of the Confidential Information in the development, manufacture, marketing and/or sale of any goods;

not to use any research data for publication purposes;

not to use or disclose or attempt to use or disclose the Confidential Information for any purpose other than performing research purposes only and includes questionnaires, interviews with participants, data gathering, data analysis and personal information of participants/research subjects;

not to use or attempt to use the Confidential Information in any manner which will cause or be likely to cause injury or loss to a research participant or the NWU; and

that all documentation furnished to me by the NWU pursuant to this undertaking will remain the property of the NWU and upon the request of the NWU will be returned to the NWU. I shall not make copies of any such documentation without the prior written consent of the NWU.

Exception

The above undertakings by myself shall not apply to Confidential Information which I am compelled to disclose in terms of a court order.

Jurisdiction

This undertaking shall be governed by South African law be subject to the jurisdiction of South African courts in respect of any dispute flowing from this undertaking.

Whole agreement

This document constitutes the whole of this undertaking to the exclusion of all else.

No amendment, alteration, addition, variation or consensual cancellation of this undertaking will be valid unless in writing and signed by me and the NWU.

Dated at Potchefstroom this ___________________ 20____

Witnesses:

1
2
(Signatures of witnesses)	(Signature)

Original details: (23239522) G:\My Drive\9. Research and Postgraduate Education\9.1.5.6 Forms\HREC\9.1.5.6_Ethics_Confidentiality_Agreement_June2018.docm
26 June 2018

File reference: 9.1.5.6