This Non-Disclosure Agreement (hereinafter referred to as the "CONFIDENTIALITY AGREEMENT") is made and
entered into on the date of order confirmation, by and between users and service provider.
Acting as the Data Recipient on behalf of PRiADI Sidik Jari Psikologi, hereinafter referred to as
PROVIDER. Both parties shall hereinafter collectively be referred to as the "PARTIES." The PARTIES
hereby state and agree as follows:
- That the individual represented by USER intends to undertake the PRiADI test.
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That the entity represented by PROVIDER is a legally established organization under the
applicable laws of the Republic of Indonesia, operating in the field of psychological assessment
services.
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That USER intends to disclose certain confidential information to PROVIDER relating to
technology, products, services, and general client data of USER (hereinafter referred to as
the "SUBJECT MATTER").
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That the SUBJECT MATTER involves confidential information, namely raw fingerprint data, client
personal data, and the fingerprint analysis report results.
The PARTIES agree to maintain the confidentiality of any information disclosed—whether orally, in
writing, graphically, electronically, or otherwise—throughout discussions and/or the course of
cooperation, and to use such information solely for the benefit of the PARTIES.
Based on the foregoing, the PARTIES agree to disclose and receive information under the following terms:
Definition of Information:
Information refers to any written, documented, machine-readable, or other forms of data that:
- Relates to the SUBJECT MATTER under this Agreement, and
- Is received by the PARTIES,
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Is designated as confidential or has similar value, or where the disclosing party indicates in
writing at the time of disclosure that the information is proprietary or confidential in nature.
Oral disclosures will also be treated as confidential if so stated at the time of disclosure or
by the nature of the information itself.
Use of Information:
PROVIDER shall use the confidential information of USER solely for the purpose of conducting
PSYCHOLOGICAL ASSESSMENT SERVICES.
This CONFIDENTIALITY AGREEMENT shall take effect as of the date mentioned above, and all confidential
information disclosed shall remain confidential and binding on the PARTIES, regardless of the
termination or expiration of the COOPERATION AGREEMENT ("Confidentiality Period").
PROVIDER shall not disclose any confidential information to third parties or affiliates and shall
continue to maintain confidentiality obligations even after the termination of this Agreement.
PROVIDER shall:
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Exercise at least the same degree of care in protecting confidential information as it does with
its own confidential information, ensuring an appropriate level of protection against
unauthorized disclosure or use;
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Limit access to confidential information to employees who need to know such information and
inform them of their confidentiality obligations under this Agreement;
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Upon discovery of any unauthorized disclosure or use, take all reasonable efforts to prevent
further unauthorized disclosure or misuse.
Exceptions:
Confidential information shall not include information that:
- Is or becomes publicly known through no wrongful act of the receiving party;
- Is lawfully received from a third party without any obligation of confidentiality;
- Is approved for disclosure in writing by the disclosing party;
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Is independently developed by the receiving party without reference to the disclosed
information.
If PROVIDER is legally compelled to disclose any confidential information, PROVIDER must promptly notify
USER in writing. If USER chooses not to challenge the disclosure, PROVIDER may proceed to disclose such
information.
Upon request by USER or upon termination of the Cooperation Agreement, PROVIDER shall destroy the raw
fingerprint data and any copies thereof within 30 days after the issuance of the fingerprint analysis
report and shall provide written confirmation of such destruction to USER.
However, PROVIDER shall not destroy the client's personal data or the fingerprint analysis report
results from USER.
All information and data related to client personal data and fingerprint analysis reports obtained under
this CONFIDENTIALITY AGREEMENT shall remain the property of PROVIDER, and all intellectual property
rights related thereto shall remain vested in PROVIDER.
No License or Obligation:
Nothing in this CONFIDENTIALITY AGREEMENT shall:
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Obligate USER to disclose or PROVIDER to accept any information, unless required for the
execution of the COOPERATION AGREEMENT;
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Grant either party any license, explicitly or implicitly, to any patents, copyrights, trade
secrets, or other intellectual property rights owned or controlled by the other party.
USER represents that they have the right to disclose the information to PROVIDER under this
CONFIDENTIALITY AGREEMENT. No other warranties, express or implied, are provided regarding the disclosed
information.
Each party shall bear its own costs and expenses incurred in connection with compliance with this
CONFIDENTIALITY AGREEMENT. This Agreement is intended solely for the protection of confidential
information and does not establish any partnership, joint venture, or other business entity.
Governing Law and Dispute Resolution:
This CONFIDENTIALITY AGREEMENT shall be governed by and construed in accordance with the laws of the
Republic of Indonesia, without regard to its conflict of law principles. Any disputes arising from this
Agreement shall be resolved amicably through deliberation and mutual agreement.
This CONFIDENTIALITY AGREEMENT constitutes the entire agreement between the PARTIES and may not be
amended except by a written instrument signed by both PARTIES.