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Accreditation of ICT Suppliers

CONFIDENTIALITY AND DATA PROCESSING UNDERTAKING

This form is to be signed and returned with the Invitation to Tender Acknowledgement Form on receipt of tender documentation by the bidder

We [insert bidding organisation’s name] (“the Recipient”) hereby undertake to Advantage West Midlands (“the Agency”) as follows:

1.

In this letter “Authorised Use” means for the preparation, evaluation and submission of a Bid for Health& Safety and Environmental Risk Assessments at Development Asset Sites (Tender Ref. 470) (“the Tender”) and “Confidential Information” means any and all information which is now or at any time hereafter in the possession of the Recipient and which relates to the Tender, whether disclosed in writing, orally or by any other means to the Recipient by the Agency or by a third party on behalf of the Agency whether before or after the date of this Undertaking.

2.

In consideration of disclosing the Personal Data (as defined below)  and Confidential Information to the Recipient for the Authorised Use the Recipient undertakes:

a.

to use all Personal Data and Confidential Information so disclosed exclusively for the Authorised Use;

b.

to maintain confidential all  Personal Data and Confidential Information that he or it may acquire in any manner;

c.

not except as authorised by the Agency directly or indirectly use or disclose any of the Personal Data and Confidential Information in whole or in part save for the purposes of and in accordance with this Undertaking;

d.

that no commercial use of the Personal Data and Confidential Information or any part thereof shall be made without the prior written consent of the Agency.

e.

not to delete or amend the Personal Data and/or Confidential Information

3.

This shall not extend to Confidential Information which the Recipient can prove to the reasonable satisfaction of the Agency:

a.

has ceased to be secret without default on the part of the Recipient

b.

was already in the possession  of the Recipient prior to disclosure by the Agency; or

c.

has been received from a third party who did not acquire it in confidence.

4.

The Recipient shall:

a.

keep separate all Personal Data and Confidential Information and all information generated by the Recipient based thereon from all documents and other records of the Recipient;

b.

not use reproduce transform or store any of the  Personal Data and Confidential Information in an externally accessible computer or electronic information retrieval system and not without the prior written consent of the Agency copy all or any part of the Personal Data and /or Confidential Information;

c.

allow access to the Personal Data and Confidential Information exclusively to those of its employees and /or professional advisers who have reasonable need to see and use it for the Authorised Use by the Recipient and shall inform each of said employees and/or advisers of the confidential nature of the Personal Data and Confidential Information and of the obligations on the Recipient in respect thereof and ensure such employees and/or advisers comply with the confidentiality and non-disclosure obligations contained herein;

d.

on the request of the Agency made at any time, deliver up to the Agency all documents and other material in the possession custody or control of the Recipient or its employees/advisers that bear or incorporate any part of the Personal Data and Confidential

Advantage West Midlands Form ADV-09 Issue 02INVITATION TO TENDERPage 32 of 35

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