CONFIDENTIALITY AGREEMENT
This Confidentiality Agreement (“Agreement”) is made and effective this 15/04/2025, Between:
| Party A |
Khi Tam Health Hub UK Clinic, with a registered address at: 1 Bennet Court, 1 Bellevue Road, London, England, SW17 7EG (“The Clinic")
Represent by: Mrs. LÊ THỊ TỐ HẢI |
| Party B |
Ms NINA DIVALL , (the “Contractor”), an individual with her name address at: 90 Riggindale Road, London, SW16 1QJ and phone number: +447966423202
Passport/ ID number: 142616027
|
WHEREAS,
the Clinic is engaged in the business of providing health and wellness services, including but not limited to massage therapy, and in doing so has access to and possesses certain Confidential Information (as defined below) relating to its clients; and
WHEREAS,
the Employee is or will be employed by the Clinic and, in the course of such employment, will have access to Confidential Information;
NOW, THEREFORE ,
in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:
1. Definition of Confidential Information
"Confidential Information" means any and all information relating to the Clinic's clients, including but not limited to:
- Personal information: Name, address, date of birth, contact details, emergency contacts, next of kin, etc.
- Medical history: Past and present medical conditions, medications, allergies, treatments, family history, lifestyle information, etc.
- Therapy records: Notes on treatments, assessments, progress, referrals, correspondence, and any other information related to the client's care.
- Financial information: Payment details, insurance information, billing records, etc.
- Any other information: that could reasonably be considered private or sensitive, including opinions or evaluations of the client.
This also includes information shared verbally, in writing, electronically, or observed during employment, regardless of the format in which it is stored or communicated (e.g. paper records, electronic files, photographs, videos).
2. Obligations of Employee: Employee shall:
- Hold all Confidential Information in the strictest confidence.
- Not disclose Confidential Information to any third party without the express written consent of the client and the Clinic, except where required by law (e.g., court order, safeguarding concerns).
- Use Confidential Information only for the purpose of providing services to clients and fulfilling their job duties as assigned by the Clinic.
- Take all reasonable steps to prevent unauthorized access, use, disclosure, modification, or destruction of Confidential Information. This includes but is not limited to:
- Protecting the confidentiality of passwords and login credentials.
- Storing Confidential Information securely, both physically and electronically.
- Complying with the Clinic's data protection policies and procedures.
- Immediately report any actual or suspected breach of confidentiality to their supervisor or another designated person in authority at the Clinic.
- Return all Confidential Information to the Clinic upon termination of employment, including any copies made or stored on personal devices.
3. Data Protection Act 2018 and GDPR: Employee must always comply with the provisions of the Data Protection Act 2018 and the General Data Protection Regulation (GDPR) when handling client information. This includes:
- Lawful processing: Ensuring that all processing of personal data is lawful, fair, and transparent, and only for specified, explicit, and legitimate purposes.
- Data minimization: Collecting and processing only the minimum amount of personal data necessary for the purpose.
- Data security: Implementing appropriate technical and organizational measures to protect personal data from unauthorized access, use, disclosure, alteration, or destruction, including data encryption, access controls, and regular security assessments.
- Data subject rights: Respecting the rights of clients regarding their personal data, including the right to access, rectification, erasure, restriction of processing, data portability, and objection to processing.
- Accountability: Demonstrating compliance with data protection principles and maintaining records of processing activities.
4. Consequences of Breach:
Any breach of this Confidentiality Clause may result in disciplinary action, up to and including termination of employment. The Clinic may also pursue legal remedies available to it, including but not limited to seeking injunctive relief and damages.
5. Continuing Obligation:
The obligations under this Confidentiality Clause shall continue even after the termination of employment, for an indefinite period.
6. Severability:
If any provision of this Confidentiality Clause is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.
7. Governing Law:
This Confidentiality Clause shall be governed by and construed in accordance with the laws of England and Wales.
8. Entire Agreement:
This Confidentiality Clause constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
9. Waiver:
No waiver of any provision of this Confidentiality Clause shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
10. Acknowledgement:
By signing their employment contract, Employee acknowledges that they have read, understood, and agree to be bound by this Confidentiality Clause.
IN WITNESS WHEREOF,the parties have executed this Confidentiality Agreement as of the date first written above.
