By submitting an application or participating in our recruitment process, you acknowledge and agree as follows:
1. Definitions.
(a) “Company” - Ondemand Apps OÜ and, where applicable, its group companies.
(b) “Recruitment Process” - all discussions, meetings, interviews, tests and exchanges of information between you and the Company in connection with a potential employment or B2B/contractor engagement.
(c) “Confidential Information” - any non-public information relating to the Company or its group that is disclosed or otherwise made available to you in connection with the Recruitment Process or within in, whether orally, in writing, visually, electronically or in any other form, including but not limited to product and roadmap information, source code and technical documentation, know-how, business models, pricing, financial information, customers and partners, internal processes and security arrangements.
2. Purpose limitation.
You may use Confidential Information solely for the purpose of evaluating and discussing a potential employment or B2B/contractor relationship with the Company and for no other purpose.
3. Confidentiality obligations.
You shall:
(a) keep all Confidential Information strictly confidential and protect it with at least the same degree of care that you use for your own confidential information (and in any event with reasonable care);
(b) not disclose Confidential Information to any third party, except to your professional advisers (such as legal or tax advisers) on a strict need-to-know basis and only if they are bound by confidentiality obligations that are no less protective than those in this undertaking;
(c) not copy, record or otherwise reproduce Confidential Information, except as reasonably necessary for the Purpose; and
(d) promptly notify the Company if you become aware of any unauthorised use or disclosure of Confidential Information.
4. Exclusions.
The obligations in Section 3 do not apply to information that you can demonstrate:
(a) is or becomes publicly available without your fault;
(b) was lawfully known to you before disclosure by the Company;
(c) is lawfully received from a third party without a duty of confidence; or
(d) is independently developed by you without use of or reference to Confidential Information.
5. Legally required and whistleblowing disclosures.
Nothing in this undertaking prevents you from:
(a) disclosing information where and to the extent such disclosure is required by applicable law, court order or a competent supervisory or regulatory authority (provided that, where legally permitted, you notify the Company in advance); or
(b) making a protected disclosure in the public interest, including whistleblowing to competent authorities or other channels protected under applicable EU or Estonian law.
This undertaking does not limit any of your rights under applicable data-protection or whistleblower-protection laws.
6. Return and deletion.
Upon the end of the Recruitment Process or upon the Company’s request, you shall:
(a) stop using the Confidential Information; and
(b) return or securely delete any documents or media containing Confidential Information that are in your possession or under your control, except for copies that you are required to retain under applicable law, professional rules, or for the purpose of exercising or defending legal claims.
7. Term.
This undertaking applies from the moment the Confidential Information is first disclosed to you and remains in force during the Recruitment Process and for three (3) years after its end. For information that qualifies as a trade secret or business secret under applicable law, your confidentiality obligations remain in force for as long as such information remains a trade secret or business secret.
8. Remedies and governing law.
You acknowledge that unauthorised disclosure or use of Confidential Information may cause the Company significant harm. In case of a breach of this undertaking, the Company may seek all remedies available under Estonian law, including damages and injunctive relief.
This undertaking is governed by Estonian law, and any disputes arising out of or in connection with it shall be submitted to the competent courts of Estonia, without prejudice to any mandatory consumer or labour-law protections that may apply.