POLICY ON CONFIDENTIAL INFORMATION ON HOLISTIC FACILITY SERVICESCOMPANY
This policy on Confidential Information applies to ALL SUBCONTRACTS AND EMPLOYEES of Holistic Facility Services 1. 1.1 UPHOLD CONFIDENTIAL INFORMATION The Executive must not use any Confidential Information for the benefit of any person or entity except the company. The Executive must keep Confidential all business matters and Confidential Information. The Executive must not, both during the Employment and after it ends, disclose any confidential Information a. b. If the Executive has been authorized in writing by the Managing Director to do so, To all Holistic Facility Services employees, subcontractors, suppliers, clients or advisors of the Company in the proper performance of the Executive’s responsibilities and duties If the Confidential Information is lawfully within the public domain; or If the Executive is compelled by law and has used every lawful means available to the Executive to prevent the disclosure.
c. d.
1.2
INFORMATION IN THE PUBLIC DOMAIN The obligations set out in clause 1.1 will not apply in relation to any Confidential Information which is in the public domain and shall cease in relation to any Confidential Information upon that Confidential Information coming into the public domain other than through any unlawful act of the Executive. UNCERTAINTY If there is any uncertainty as to whether any information is Confidential Information, that information shall be taken to be Confidential Information unless the Executive is advised by the Managing Director in writing to the contrary. NONCOMPETITION DURING EMPLOYMENT The Executive will not without the prior written consent of the Angel Care, which consent shall not unreasonably be withheld. For the avoidance of doubt, nothing in this clause shall preclude the Executive from holding or acquiring shares or other securities of any company listed for quotation on Australian Stock Exchange Limited by way of bona fide investment, during the Employment with Holistic Facility Services:
1.3
2. 2.1
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a.
b.
Carry on, advise, provide services to or be engaged, concerned or interested in or associated with any business or activity which is in completion with any business carried on by Angel Care; or Be engaged or interested in any public or private work or duties, either directly or indirectly, in any capacity (including without limitation as principal, agent, partner, employee, shareholder, unitholder, joint venturer, director, trustee, beneficiary, manager, supervisor, cleaner, sales rep, client, consultant, or advisor but excluding voluntary activities for a charitable organization or project
2.2
AFTER EMPLOYMENT a. In the event that the Employment is terminated, the Executive will not without the written consent of Holistic Facility Services directly or indirectly whether on the Executive’s own account or for any person: i. Be employed by or engaged by or interested in or connected with any Business which competes with any business of Holistic Facility Services in which the Executive was involved on behalf of Holistic Facility Services at any time Solicit or endeavour to solicit any director, manager, supervisor, officer, senior employee or contractor of Holistic Facility Services known personally to the Executive or knowingly employ, assist in or procure the employment by any Business of any such person Solicit or endeavour to solicit any person who was during the Employment with Holistic Facility Services a customer or client of Holistic Facility Services with a view to providing services to that customer or client which are the same as or similar to the services which the Executive was involved in providing to that customer or client Deal with or accept any approach from or work on any account of any person who was during the Employment with Holistic Facility Services a customer or client of Holistic Facility Services with a view to providing services to that customer or client which are the same as or similar to the services which the Executive was involved in providing to that customer or client
ii.
iii.
iv.
b. 2.3
For the period of Twelve (12) months in NSW.
CONSTRUCTION OF RESTRAINT CLAUSE Clause 2.2 shall be construed and have effect to the maximum extent possible as if it were the number of separate sub-clauses which results from combining the commencement of CLAUSE 2.2 with each sub-paragraph of paragraph (a) and combining each such combination with each sub-paragraph of paragraph (b) and combining each such combination with each sub-paragraph of paragraph (c), each resulting sub-clause being severable from each other such resulting subclause; and it is agreed that if any of the such separate resulting sub-clauses shall be invalid or unenforceable for any reason.
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