Privacy & Confidentiality Policy

In consideration of the provision of information given to Intelog Pty Ltd, ABN 80 067 529 079, Level 2, 541 Blackburn Road, Mount Waverley, Victoria 3149 ("the Holder") by our Customers, the Holder acknowledges that it has received, will receive and may continue to receive certain secret and confidential information relating to "Our Customer’s" requirements with respect to the "Specific Project or Engagement" ("the Information") and agrees with "Our Customer"  as follows:

1. To hold in confidence any and all information disclosed to the Holder (whether before or after the signing of this undertaking) in documents or directly and or indirectly by our customer, its employees, agents and contractors during discussions or during inspections of any customer’s site, and not to disclose the Information to any person except as permitted under Clause 4.

2. Not to use or permit to be used the Information to be held in confidence by the Holder under paragraph 1 for any purpose other than to assist our customer in relation to the project  and to take all steps reasonably necessary to secure the Information against theft, loss, reproduction or unauthorised disclosure.

3. To return to our customer on request, all documents, drawings and writings of any kind provided to the Holder by our customer and all copies thereof.

4. The aforementioned obligations of confidentiality shall not apply to:-

(a) Information which was, at the time of disclosure, in the public domain;
(b) Information which after disclosure is published or otherwise becomes part of the public domain through no fault of the Holder (but only after, and only to the extent that, it is published or otherwise becomes part of the public domain);
(c) Information which the Holder can show is in its possession at the time of disclosure and was not acquired, directly or indirectly from Crane Aluminium or from a third party under an obligation of confidence.
(d) Disclosure to an employee of the Holder who has a need to know the Information, subject to the Holder taking steps to ensure that the employee is fully aware of the confidential nature of the Information before the disclosure is made, and who is himself/herself subject to a similar obligation of confidentiality.

5. For the purpose of paragraph 4, specific disclosures made by "Our Customer" shall not be deemed to be within the foregoing exceptions merely because they are embraced by general disclosures in the public domain or in the possession of the Holder.  Any combination of features shall not be deemed to be within the foregoing exceptions merely because individual features are in the public domain or in the possession of the Holder, but only if the combination itself and its principal or operations are in the public domain or in the possession of the Holder.

6. The obligation for confidentiality under this Agreement shall survive for a period of 5 years from the completion of the project being undertaken in relation to the Purpose described in Clause 2.

7. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Victoria, and courts of appeal from them.