We are pleased with the opportunity to work with you in the area of benchmarking the food and beverage industry. Since the world is becoming very competitive, we need to provide you with confidence that your proprietary information is protected from unauthorized disclosure. Therefore, we pledge the following confidentiality prior to any disclosure by you or by any individual or corporation controlled by, controlling, or under common control with you (hereinafter referred to as the “Company”) to the hereinafter specified provisions concerning protection of your trade secrets and other confidential and proprietary information and data submitted to us related to our survey of the food and beverage industry in North America:
For a period of five years from the date of this agreement we agree to protect and keep confidential: trade secrets, other confidential and proprietary information, and data disclosed by you. All such items that need to be kept confidential will be labeled proprietary or confidential and disclosed in writing or communicated as confidential if orally, verbally, or visually disclosed. After five years, we will destroy all individual data submitted. Only compiled data will be saved.
We agree not to directly use any of this confidential or proprietary information or trade secrets for our own benefit or for the benefit of any other person, firm, or corporation.
To maintain confidentiality, we assign a company number to the data and maintain the company ownership information in a separate secure database.
Our website is a secure website, allowing confidential information to be entered without fear of compromise.
All paper data received (via fax or mail) is destroyed six months after publication of the report.
Only selected individuals within our food and beverage industry team have access to the program necessary to review and analyze individual company data, all of whom will be directed and required to maintain the disclosed subject matter in confidence with the stated nondisclosure rules of this pledge.
You understand the data collected will be compiled in a report by quartile and shared with other participants. In no circumstances will any individual participant’s information be identifiable in the compiled data. The compilation of data does not constitute direct use.
The above procedures and obligations are accepted upon the understanding that we would not be liable for the disclosure or use of the Company’s proprietary or confidential information or trade secrets, which are already in the public domain or until such time that they are placed in the public domain by any party other than us.
Paul Edwards, Partner
Food and beverage industry group leader
