4.13 Is there SEKO Confidential Information, Intellectual Property, and Work Product which you are prohibited from disclosing? Confidentiality is one of the cornerstones of SEKO. SEKO has confidential information that must not be revealed to outside parties. During employment with SEKO, employees will have access to, will become acquainted with, and may develop certain confidential information concerning the operations, customers and business of SEKO, its independent contractor network, agents, overseas partners, and related companies. A substantial amount of time, effort and money has been spent developing this confidential information, which enables SEKO to maintain a competitive advantage in our industry. SEKO needs to protect its business from the harmful effects that disclosure of such confidential information would have on competition and our existing business relationships. “Confidential Information” is defined to include, but is not limited to, information concerning SEKO’s client lists or specific account information that is not known or discoverable by the general public, customers’ special needs, unique services, company databases, business plans, marketing plans, financial information, software and/or technology development, research and development, marketing, personnel matters, operating systems, know-how, techniques, records, manuals, supplier information, and any other trade secrets, confidential business data, proprietary information or other information, Work Product (as defined herein) or other information which provides SEKO an advantage over our competitors. “Confidential Information” may also include SEKO’s Personnel Information. Since certain employees in particular may have access to Confidential Information of SEKO’s employee database (such as Payroll or Human Resources Department, Legal Department, IT Security Administrator, etc.), this information must be kept in the strictest confidence and must remain confidential at all times. Such information may include, but is not limited to, employee address, other personal identifying information of employee, payroll or company remuneration information, performance reviews or anything else that should be considered personal. Employees with access to such information are required to guard and protect it to ensure that the strictest Confidentiality and Privacy will be maintained. Additionally, any inadvertent or accidental disclosure of any employee Confidential Information should be immediately reported to the Human Resources Department.
“Confidential Information” may become particularly available to Operations Employees of SEKO who, by virtue of their employment with SEKO, develop a unique body of knowledge about the requirements of SEKO’s customers and SEKO’s customers’ needs. To the extent that customer relationships are developed by virtue of your employment with SEKO, Operations Employees (or any other employees who deal directly with SEKO customers on a routine and personal basis) specifically acknowledge that they are bound by the Confidentiality Obligations contained herein. Employees shall only use such Confidential Information or relationships developed with SEKO’s customers in furtherance of the business purpose(s) of performing their job duties at SEKO. In no event shall an employee seek to benefit directly from such relationships developed with SEKO’s customers during the course of your employment with SEKO. Nor shall an employee misappropriate any such Confidential Information for the benefit of another, including for the benefit of a competitor of SEKO. EMPLOYEE OBLIGATIONS Employees are required to guard and protect SEKO’s Confidential Information so that it does not fall into the hands of any of SEKO’s current or potential competitors. You also agree not to directly or indirectly divulge, disclose, furnish, communicate, duplicate or make accessible any Confidential Information to any person or business entity, unless authorized by SEKO - or use any Confidential Information for your own benefit or for the benefit of any other person, firm, corporation or business entity. You agree to be bound by this obligation both during and after employment with SEKO and notwithstanding any and all rights you may have regarding the use of Confidential Information under federal or state law. SEKO’S DOCUMENTS All Confidential Information shall remain the exclusive property of SEKO, shall be returned upon request, and shall not be removed from SEKO’s premises under any circumstances without proper consent. If your employment with SEKO ends for any reason, you agree to immediately return to SEKO any Confidential Information and Work Product, including all copies in your possession or control including, but not limited to: all files, records, documents, drawings, software, hardware and similar items relating to SEKO’s business, whether prepared by you or otherwise coming into your possession. Information contained on handheld devices such as smartphones or Blackberries must also be preserved and returned to SEKO upon termination.
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