Confidentiality Agreement 1 Party A:
Economic type:
Gender:
Legal representative or entrusted agent:
ID number:
Address of Party A:
Current address:
Postal code:
Party B:
Education level:
Date of birth:
Id address:
Postal code:
According to the relevant national laws, regulations, rules and policies, Party A and Party B sign this agreement on the basis of voluntariness, equality and consensus, and abide by it jointly.
Article 1 Definition, scope and carrier of confidential information
1. All _ _ _ _ _ obtained by Party B during Party A's work are confidential information of Party A. ..
2. The confidential information of Party A includes (but is not limited to) the following contents:
(1) various files and the contents of _ _ _ _ _ _ _ _ _;
(2) Documents submitted to _ _ _ _ _ _ _ _ _
(3) The company operates _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
(4) All _ _ _ _ _ _ _ technologies;
(5) All _ _ _ _ _ _ _ _ data;
(6) suppliers _ _ _ _ _ _ _ _ _ _ _;
(7) Company _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _;
(8) All _ _ _ _ data;
(9) All _ _ _ _ data;
(10) all _ _ _ _ _ _ _ and other data;
(1 1) Other _ _ _ _ _ _ _ _ contents and materials.
3. The confidential information of Party A can be expressed in _ _ _ _ _ _ _ _ _, such as _ _ _ _ _ _ _.
4. The confidential information of Party A does not include:
( 1)_______________;
(2)__________________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2 Obligation of confidentiality
1. Party B's confidentiality obligation is based on its requirements for Party A's faithful obligation. Party B shall perform the following obligations during his tenure:
(1) Strict _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(2) Do not leak or disclose confidential information to anyone other than Party A in any form;
(3) Don't use confidential information to benefit yourself or any third party.
2. After Party B leaves Party A (_ _ _ _ _ _), Party B shall not leak or disclose confidential information to anyone other than Party A in any form.
3. After leaving the company, Party B shall keep it confidential until _ _ _ _ _ indefinitely.
Article 3 divulging secrets
1. If Party B commits any of the following acts, it shall be deemed as intentionally leaking or disclosing Party A's confidential information:
(1) Give confidential information _ _ _ _ _ _ _ to Party A's competitors;
(2) _ _ _ _ _ _ _ to publish and provide confidential information;
(3)__________________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(4) Leaking and disclosing confidential information in any other way or form.
Article 4 Proprietary services and commercial competition are prohibited.
1. After the labor relationship is established between Party A and Party B, Party A is the sole employer of Party B. Without the written consent of Party A, Party B shall not engage in the following activities.
2. If Party B, who has the obligation of confidentiality, wants to dissolve the labor relationship in advance, both parties agree to handle it according to the following _ _ _ _ _ _:
A. Give a notice in advance as agreed in paragraph 3 of this article;
B paragraphs 4 and 5 of this article provide for non-competition.
3. If Party B, who has the confidentiality obligation, wants to terminate the labor relationship in advance, it must notify Party A in writing one month in advance, and Party A must _ _ _ _ _ _ _ _.
4. Party B shall not live in _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ for two years (twenty-four months) from the date of termination or dissolution of the labor relationship with Party A. Enterprises competing with Party A include but are not limited to:
(1) An enterprise that operates the same or similar business as Party A;
(2) Enterprises that have _ _ _ _ conflicts with Party A. ..
5. In any of the following circumstances, Party B shall be deemed to have intentionally violated the non-competition obligations agreed in this Agreement:
(1) Transfer or provide services to Party A's customers, or collect orders from them, or _ _ _ _ _ _ _ _ _ _ _. Party A's customers include those who belong to Party A within one year before and after leaving the company.
(2) Interfering with _ _ _ _ labor relations;
(3) Enterprises that are competitive with Party A _ _ _ _ _ _ _ _ _;
(4) Hire or urge others to hire Party A's employees.
Article 5 Economic compensation
1. Party A agrees to pay a confidentiality fee of RMB _ _ _ _ _ _ _ for the confidentiality obligations assumed by Party B after leaving the company.
2. For the employees who undertake the obligation of non-competition, Party A shall pay Party B the non-competition compensation fee (_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
3. Party B is exempted from the obligation of non-competition in _ _ _ _ _ _.
During the non-competition period, Party A may waive Party B's non-competition obligation in writing, and at the same time _ _ _ _ _.
Article 6 Liability for breach of contract
1. If Party B violates the obligations agreed in this agreement, it shall bear the following liabilities for breach of contract:
(1) shall refund its _ _ _ _ confidentiality fee;
(2) I will pay the monthly income to Party A in one lump sum as liquidated damages;
(3) Party B shall compensate Party A for its losses, including but not limited to the reasonable expenses incurred by Party A for investigating the acts that infringe upon its legitimate rights and interests.
2. When Party B's liability for breach of contract mentioned in the preceding paragraph is insufficient to make up for the actual losses caused by its breach of contract, Party A has the right to demand Party B to compensate all the actual losses. The actual losses caused by breach of contract include the value of confidential information, evaluation fee, investigation fee, etc.
3. After Party B undertakes the loss compensation and other civil liabilities agreed in this agreement, Party A still reserves the right to ask the relevant departments to investigate Party B's criminal and administrative liabilities according to law.
Article 7 Dispute settlement
Any dispute between Party A and Party B during the performance of this Agreement shall be settled through friendly negotiation. If negotiation fails, either party may apply to the _ _ _ _ Labor Dispute Arbitration Committee for arbitration.
Article 8 Others
1. If the laws, administrative regulations and rules on which this agreement is based change, the relevant contents of this agreement should also change. The "national laws, regulations and rules" mentioned in this Agreement refer to "laws, regulations, rules and policies promulgated by the state, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
2. As an important part of Party A's labor contract, this agreement has the same effect as the labor contract. If there are any clauses in this agreement that conflict with the labor contract, this agreement shall prevail.
3. This Agreement shall come into effect after being sealed (signed) by both parties.
Party A (seal):
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B (signature):
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Confidentiality Agreement 2 Party A: XXXX Trading Co., Ltd.
Party B:
In accordance with relevant national, provincial and municipal laws and regulations, in view of Party B's key position in Party A and the corresponding remuneration paid by Party A, both parties have reached the following specific terms through negotiation on the basis of voluntariness, fairness, honesty and credibility:
I. Scope of confidentiality:
1. Party A's business information, human resource management information and financial information are confidential, including but not limited to the following:
1) business information: refers to the relevant strategic planning, objectives, tasks, information, plans, schemes, methods, procedures and business decisions involved in the business activities related to the company's business scope, including sales plans, promotional activities, purchase channels, technical sources, sales networks, product prices, supply and demand, product development plans, product market positioning, product distribution channels and product regions.
2) Human resource management information: refers to current situation analysis, diagnosis, strategic planning, planning, staffing plan, human resource expense budget (including human resource expense and cost analysis), employee recruitment, training trends, assessment system, salary system, files, relevant human resource contracts and agreements (including service agreements), statistical data analysis of human resource changes and adjustment countermeasures. , and related.
3) Financial information: the financial status of the financial department, such as collection, deposit, payment and cash flow, various sales expenses, profit data, type vouchers, and various statements including external financial statements, internal management statements, budget and final accounts statements, etc. , and the tax policies enjoyed by the company; Internal budget process and operation manual; Financial system, etc.
4) At the same time, in the production and operation of Party A, the disclosure of some information will cause one of the following consequences, which also belongs to Party A's business secrets:
A. matters affecting the company's development;
B. Matters affecting the stability and safety of the company
C. matters that put the company in a passive or disadvantageous position in commercial competition.
D. matters that harm the company's economic interests;
E. Matters that affect the smooth progress of the company's foreign exchanges and business negotiations;
F. matters affecting the company's external confidentiality obligations.
2. Party B confirms that the business secrets mentioned in this contract are informative, practical and valuable, and are not known to the public, but it does not mean that they are not known to everyone, but should be kept confidential as long as they are known to the public with the same level of knowledge and professional knowledge and the same interests.
3. Party A's following actions will not make the trade secrets lose confidentiality.
1) Party A notifies those who participate in the use of such secrets, or those who think they can keep them.
2) Party A discloses or makes others obtain such secrets to its functional personnel or staff in a licensed manner.
3) Disclosure of other similar situations due to business needs.
4) For the business information that needs to be explained, Party B can confirm with Party A separately.
Second, the return of confidential information:
1. Party B shall return all the property belonging to Party A before leaving the company, including all the carriers that record Party A's secret information.
2. All documents, materials, charts, notes, reports, letters, faxes, tapes, disks, CDs, instruments and other forms of carriers held or kept by Party B for work needs, regardless of whether these secret information has commercial value, belong to Party A..
3. If the carriers of the secret address are owned by Party B, it shall be deemed that Party B agrees to transfer the ownership of these carriers to Party A, and when Party B returns these carriers, Party A will give Party B economic compensation equivalent to the value of the carriers. However, when the carrier with the secret address is owned by Party B and the secret address can be deleted or copied from the carrier, Party A can choose to copy the secret information to other carriers owned by Party A, and then delete the secret information on the original carrier and return it to Party B..
4. Party B promises not to copy or record the above information in any form by itself or by a third party without the prior consent of Party A, otherwise it will be deemed that Party B has not fulfilled its obligation to return confidential information.
Third, the obligation of confidentiality.
1. In view of the fact that Party B once held a position involving company secrets in Party A's departments (supervisor, back office, business, finance and administration), after leaving the company, Party B should take any necessary and reasonable measures to be a good manager with a cautious and honest attitude, undertake the same confidentiality obligations as during his tenure, and protect any secret information that he knows or holds that belongs to Party A or a third party, but which Party B has promised to keep confidential.
2. Party B promises not to inform any third party (including other employees of Party A who should not know the secret) of the information or business information that belongs to Party A or others but Party B promises to keep confidential, nor to allow others to use or let others use the secret information, regardless of whether Party B benefits from it.
Four. Prohibition of commercial competition
1. Party B agrees that during its employment with Party A, it will never directly or indirectly engage in business that is competitive with Party A's business, nor will it accept the employment of Party A's competitors at the same time, nor will it (directly or indirectly) provide consulting services to Party A's competitors, nor will it employ any other employees of Party A to work for itself, nor will it instigate any other employees of Party A to accept the employment of overseas offices.
2. Party B shall not intentionally or negligently damage the cooperative relationship between Party A and the existing basic product suppliers directly or through a third party, including Party B's employer or other affiliated enterprises.
3. Before Party B leaves the company directly or through a third person (including Party B's employer or its affiliated enterprises), Party B shall not rob Party A's existing customers or persuade them to break off relations with Party A. ..
4. Party B shall not induce other employees of Party A to leave for personal or other interests.
5. Key positions include but not limited to sales, marketing, finance, management, business and other personnel leaving their jobs, and it is forbidden to be employed in the same industry in any form within two years.
6. The affiliated enterprises mentioned in Article 1 of this Article include the following and related types:
1) forms a direct or indirect holding or shareholding relationship with other enterprises, or is directly or indirectly controlled or shareholding by a third person.
2) There is no holding or shareholding relationship, but its command and control right is placed under other enterprises.
3) Share or transfer all or part of the profits or income of its single business place with other enterprises.
4) There is a personnel interlocking relationship with other enterprises, that is, sending personnel to other enterprises: including shareholders, partners, directors, supervisors, managers, employees, agents, consultants, etc.
5) Business with other enterprises accounts for an important share of its total business.
Verb (abbreviation for verb) secrecy period
1. During Party B's tenure;
2. After leaving the company, Party B will undertake the obligation of confidentiality until Party A announces that the relevant confidential contents have been decrypted or the confidential information has actually been made public. However, the non-competition period is two years from the date of Party B's resignation. Although he has not engaged in non-competition, it is still forbidden to disclose the confidential information of Party A held during his tenure within two years after leaving his post.
3. Party B recognizes that Party A will pay 50- 100 yuan of post allowance for different posts every month during Party B's tenure, and will take the amount paid for this project every month (see the amount of this project in the monthly payroll) as the confidentiality fee for Party B's duty of confidentiality during his tenure and after his resignation, so Party A will not pay the confidentiality fee and non-competition compensation separately when Party B leaves.
4. The resignation of personnel in key positions shall comply with the relevant resignation clauses in the Employment Supplementary Agreement, at least 2 months in advance, and the resignation of management personnel shall be 3 months in advance. After Party A agrees to Party B's resignation, it shall set an appropriate confidentiality period.
5. The term "resignation" as mentioned in this contract shall be based on the time when either party clearly expresses the dissolution or resignation of the employment relationship. Party B's unilateral cessation of performance of duties shall also be regarded as resignation;
6. Party B shall abide by this agreement after leaving the company, unless Party A agrees to give up other non-competition restrictions and related responsibilities to Party B. ..
Liability for breach of contract of intransitive verbs
1. If Party B fails to hand over the confidential information and privately or entrusts others to keep any copies and record carriers of the confidential information, it shall be deemed that Party B has violated the obligation to return the confidential information stipulated in this contract.
2. If the unit or affiliated enterprise where Party B works knows Party A's business secrets, it shall be deemed that Party B has violated the confidentiality obligation of this contract, unless Party B can prove that its unit or affiliated enterprise obtained it through other legal channels.
3. Party B has understood and mastered all management regulations and voluntarily abided by them. If Party B violates any of the above terms, Party B shall:
1) immediately stop its breach of contract and actively take remedial measures.
2) Depending on the seriousness of the case, Party B shall pay Party A a penalty of 10 times the post allowance.
3) If Party B violates the obligations of this Agreement and causes losses to Party A, it shall compensate Party A for direct losses and losses of available interests, investigation fees, legal fees, attorney fees, notarization fees, etc.
4) Party A has the right to ask Party B to deliver the benefits obtained from Party A's intangible assets to Party A, and reserves the right of litigation.
Seven, intentional malicious damage behavior
In view of the particularity of Party B's position during his tenure, he may know more business secrets of Party A and have a higher level of confidentiality. Party B promises that no matter during or after Party A's tenure (for whatever reason), Party B will go to relevant units such as industry and commerce, taxation and labor to vent personal anger, or use the resources of suppliers, customers, competitors, etc. mastered during his tenure to attack and slander Party A.
Eight. Any dispute arising from the performance of this agreement, if both parties fail to negotiate, either party has the right to bring a lawsuit. Both parties agree that the people's court where Party A operates is the court of first instance for disputes between the two parties.
Nine. Matters not covered in this contract shall be implemented in accordance with national laws and regulations, and shall come into effect as of the date of signature and seal by both parties. This contract is made in duplicate, with the same effect, and each party holds one copy.
Signing party:
Party A: Party B:
Date of signing:
Article 3 of Non-disclosure Agreement Party A: _ _ _ _ _ _
Party B: _ _ _ _ _ _
According to the Anti-Unfair Competition Law of People's Republic of China (PRC) and the relevant national and local regulations, Party A and Party B have reached the following agreement on the technical secrets of the enterprise and the protection of the property of the company and customers:
1. Scope of confidentiality:
Party A's undisclosed information, plans, schemes, instructions and business secrets related to development planning, principles and policies and business decisions;
Party A's financial budget, decision report, financial statements, statistical data, financial analysis report, audit data and bank account number;
Party A's mode of operation, status and operational strength;
Party A's undisclosed personnel transfer, appointment and removal;
The establishment, preparation, personnel roster, statistics, reward and punishment materials and assessment materials of Party A;
Personal salary income of Party A's employees at all levels;
Party A's confidential documents, materials, meeting minutes, letters, plans, tenders, pictures and computer software;
Information and property of Party A's customers;
Party A's proprietary product technology and new technology (including design scheme, test results and records, data, computer programs, etc.). ) and after-sales service technology;
Sales contracts, sales networks and channels.
2. Rights and obligations:
Party A shall provide normal technical research and development conditions and business development space for Party B, and strive to create opportunities conducive to Party B's development;
Without approval, Party B shall not copy, extract or take away Party A's secret documents, computer software and hardware at will or maliciously;
Without approval, Party B shall not disclose Party A's secrets and information to others;
Party B shall properly and prudently keep and handle the confidential information and fixed assets of Party A and its customers, and report any loss immediately and take remedial measures to recover the loss;
Party A has the obligation to reward Party B for outstanding achievements in keeping secrets, reporting leaks or improving confidentiality techniques and measures, preventing leaks in time and recovering losses.
3. Liability for breach of contract:
If Party B violates this Agreement, Party A has the right to unconditionally terminate the employment contract and cancel or withdraw relevant benefits;
Party B's violation of this Agreement causes necessary economic losses, and Party A will impose a fine of RMB _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
If Party B violates this Agreement and causes great economic losses to Party A, it shall compensate Party A for all the losses;
If the performance of the above-mentioned liabilities for breach of contract exceeds the authority granted by laws and regulations, it shall apply to an arbitration institution for arbitration or bring a lawsuit to the court.
4. Terms of the agreement:
During the employment contract period;
Within _ _ _ _ _ _ years after the termination of the labor contract.
Party A (seal): _ _ _ _ Party B (signature): _ _ _ _ _ _
Representative (signature): _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Signing place: _ _ _ _ _ Signing place: _ _ _ _ _ _