The Candidate Confidentiality Agreement is essential for protecting sensitive business information during recruitment processes in New Zealand. It is typically used when candidates may be exposed to confidential information during interviews, technical assessments, or facility tours. The agreement ensures compliance with New Zealand privacy and employment laws while safeguarding the company's intellectual property, trade secrets, client information, and other confidential matters. This document is particularly crucial for senior roles, technical positions, or situations where candidates may access sensitive business strategies or proprietary information during the recruitment process. The agreement sets clear expectations regarding information handling and establishes legal remedies in case of unauthorized disclosure.
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1. Parties: Identifies the company and the candidate who are entering into the agreement
2. Background: Explains the context of the agreement - that the candidate may receive confidential information during the recruitment process
3. Definitions: Defines key terms including 'Confidential Information', 'Recruitment Process', and other relevant terms
4. Confidentiality Obligations: Details the candidate's obligations to maintain confidentiality and not disclose or misuse confidential information
5. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed (e.g., required by law)
6. Security Measures: Outlines the steps the candidate must take to protect confidential information
7. Return of Information: Requirements for returning or destroying confidential information after the recruitment process
8. Duration: Specifies how long the confidentiality obligations remain in effect
9. Breach and Remedies: Describes consequences of breaching the agreement and available remedies
10. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions protecting company IP, used when sensitive technical information may be shared
2. Non-Solicitation: Prevents candidate from soliciting employees/clients, used for senior roles or when candidate will have access to sensitive relationship information
3. Data Privacy Compliance: Specific obligations regarding personal data handling, used when candidate may access personal data during recruitment
4. Third Party Information: Provisions regarding confidential information belonging to company's clients or partners, used in client-facing roles
5. Social Media and Communications: Guidelines for social media use and external communications, used for marketing or public-facing roles
1. Schedule 1 - Types of Confidential Information: Lists categories of information considered confidential
2. Schedule 2 - Security Protocols: Details specific security measures required for handling confidential information
3. Schedule 3 - Approved Third Party Recipients: Lists pre-approved third parties who may receive confidential information (e.g., candidate's legal advisors)
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