Non-Circumvention a non-disclosure agreement
Data Confidentiality Agreement
This Data Confidentiality Agreement (the “Agreement“) is made at Agile Assets Company Limited (Head Office) on __________ (the “Effective Date“), by and between:
1. Agile Assets Company Limited (by Mr. Phansa Roengphitthaya and Mr. Kobphong Treesukhee, authorized directors acting on behalf of the Company), with its head office located at 20 Moo 1, Sukhumvit Road, Bang Mueang Mai Sub-district, Mueang Samut Prakan District, Samut Prakan Province, juristic person registration number 0115558012195, hereinafter referred to as the “Data Provider“, of the one part; and
2. I, the undersigned, hereinafter referred to as the “Data Recipient“, of the other part.
Whereas both parties have entered into a confidentiality agreement with each other, and the Data Provider, being the owner of the information under such agreement, wishes to disclose information to the Data Recipient for use in the conduct of business, both commercial and legal, and whereas the information to be disclosed by the Data Provider to the Data Recipient constitutes confidential information of the Data Provider, the Data Provider therefore enters into this Agreement under the following terms and conditions:
1. In this Agreement, the term “Confidential Information” shall mean and include anything conveying meaning, statements, accounts, or information relating to the business, business processes, plans, methods, and business practices, or any other matter connected with the business of the Data Provider, and all particulars constituting information of the Data Provider, whether in tangible or intangible form or in any medium, including customer information, as well as any other information that may cause damage to the Data Provider, regardless of whether the Data Provider has notified the Data Recipient that such information is confidential.
2. With respect to any information disclosed by the Data Provider to the Data Recipient or the Data Recipient’s representatives, the Data Recipient shall strictly maintain all confidential documents and information, and shall not disclose, copy, or otherwise deal with such information in any similar manner. The Data Recipient shall employ appropriate measures to safeguard the confidential information in order to prevent such confidential information from being used or disclosed to any third party.
3. The Data Recipient, and any employees or representatives of the Data Recipient who become aware of the Data Provider’s information, shall be made aware of the confidential nature of such information, and shall not use all or any part of the Data Provider’s information for any other purpose, nor disclose it to any third party, nor use it to contact the Data Provider’s customers or any third party, nor engage in any similar act, including trading, exchanging, or otherwise deriving benefit from the information, whether directly or indirectly, unless prior written consent has been obtained from the Data Provider.
4. In the event that the Data Recipient, or any employee or representative of the Data Recipient, breaches the terms and conditions of this Agreement, and/or in the event that this Agreement is terminated for any reason whatsoever, the Data Recipient and its employees and/or representatives who have become aware of the Data Provider’s information shall continue to be under a duty to keep and maintain the confidentiality of the Data Provider’s information, and shall not use such information for any purpose whatsoever.
5. In the event that the Data Recipient, or any employee or representative of the Data Recipient, breaches the terms and conditions of this Agreement, the Data Recipient shall be deemed to be in breach of contract and agrees to compensate the Data Provider for all damages arising therefrom, without any objection whatsoever.
This Agreement is executed in two (2) originals, both bearing identical content. The parties have read and fully understood the contents of this Agreement, and have accordingly signed and affixed their seals (if any) hereto as evidence, in the presence of witnesses, with each party retaining one copy.