Free Data Confidentiality Agreement For Individual Download

DARS � Confidentiality Agreement for use in respect of appointment of an Individual (C02) � This document is suitable for use where the Participant wishes to enter an agreement with an individual either (i) for the individual to carry out services for the Participant that require disclosure of data from DARS or (ii) agreeing to disclose data from DARS to the individual for permitted purposes. � In respect of a contract between the Participant and an organisation, you should use document C01. � In respect of a contract where the Participant has agreed to enter into a contract with an organisation/individual (i) for the organisation/individual to carry out services for the Participant that require disclosure of data from DARS or (ii) agreeing to disclose data from DARS to the organisation/individual for specific purposes and that organisation/individual in turn wishes to allow access to that data by an individual to carry out the services/permitted purposes on behalf of the recipient organisation/individual, you should use document C03. � This is a template document and must be completed with the details for your individual appointment. Specifically, you must ensure that you complete a full description of (as applicable) either (i) the services to be carried out � in which case you will need to set out in this document or cross-refer to another document a full description of the services required, standards to be fulfilled (including the manner of contact with constituents, where applicable) and agreed payment or (ii) the permitted purposes for which the data may be used. � Three copies of this agreement should be signed: (i) One should be retained by the Head of Development at the Participant; (ii) One should be retained by the individual; and (iii) One should be sent to the Associate Director of Development �Systems at the address below within five working days. � If you have any queries, please contact the Associate Director of Development �Systems, Charlotte Dewhurst: Email: [email protected] Telephone: 01865 611593. Address: Development Office, University Offices, Wellington Square, Oxford, OX1 2JD CONFIDENTIALITY AGREEMENT � INDIVIDUAL APPOINTED BY PARTICIPANT This Agreement is entered into between: (1) [insert name and details of Recipient] (�the Recipient�); and (2) [insert name and details of Participant] (�the Participant�). Whereas: (A) The Participant: (a) wishes to appoint the Recipient to carry out the services described below on behalf of the Participant (�the Services�) and this appointment requires access to data (�the Data�) contained on the Development and Alumni Relations System (�DARS�); or (b) has agreed to disclose certain Data to the Recipient for the purposes described below (�the Permitted Purposes�). (B) The Recipient agrees that in consideration of the Participant: (a) appointing the Recipient to carry out the Services; or (b) permitting the Recipient to have access to the Data for the Permitted Purposes, (as applicable), the Recipient shall comply with the terms of this Agreement. Agreement: (A) The Services shall comprise [insert]. [The Permitted Purpose is [insert]]. (B) The Recipient hereby agrees that: 1. It shall be the data processor (only) of the Data (in whatever form) passed to it by the Participant (or which otherwise comes into its possession or control in carrying out the Services or the Permitted Purpose (as applicable)). 2. It shall use the Data only for the purposes of carrying out the Services or the Permitted Purpose (as applicable) and shall not use or make copies of the Data for any other purpose. 3. It shall keep the Data strictly confidential and disclose it only: (a) with the written consent of the Participant; or (b) as may be required by law or a court of competent jurisdiction, but so that the Recipient shall, wherever practicable, supply a copy of the required disclosure to the Participant before it is disclosed and incorporate any amendments or additions reasonably required by the Participant. 4. It shall process the Data strictly in accordance with the requirements of the Data Protection Act 1998 and Privacy and Electronic Communications Regulations 2003, including, in particular, maintaining at all times appropriate and prudent technical and organisational security measures against unauthorised or unlawful processing of the Data to ensure that no data is lost, damaged, destroyed, altered without lawful authority or disclosed and, specifically, that: (a) Data in hard copy format is stored in a locked filing cabinet whenever not in use; (b) Data in electronic format is stored and transferred in an encrypted or password protected format; and (c) when contacting individuals using the Data no details of any other parties are revealed, for example, if contacting individuals by email then the bcc field must be used. 5. It shall permit the Participant to take reasonable steps to audit compliance with this Agreement. 6. It shall return to the Participant all copies of the Data made by or passed to the Recipient at the end of the appointment to carry out the Services or the Permitted Purpose (as applicable) or as otherwise required by the Participant. 7. The obligations set out in this Agreement shall continue to apply after the termination of the appointment to carry out the Services or the Permitted Purpose (as applicable) without limit in point of time. 8. It shall indemnify the Participant and the University against all and any losses, damages or costs sustained by them arising out of any breach of this Agreement and any misuse of the Data by the Recipient or any of its employees or any other party to whom it passes the Data. The provisions of the Contracts (Rights of Third Parties) Act shall be interpreted accordingly. 9. This Agreement shall be subject to English law. Signed by the Recipient to confirm agreement to the above: Signature: .......................................................................................................................................... Print name: ....................................................................................................................................... Title: .................................................................................................................................................. Date: .................................................................................................................................................