Confidentiality undertaking

Any person who has given their curriculum vitae to and/or has applied or shown their interest in a job offer (hereinafter the “Candidate”) from the public limited company HQ1, with a head office at 4000 Liège, rue des Guillemins 129, under the business number 0738.871.467 (hereinafter the “Company”), directly or via their website www.gaming1.com, will be, as part of the recruitment process, likely to receive confidential information.  

In this regard, the Candidate agrees to respect this confidentiality undertaking (hereinafter the “Undertaking”) regarding the Company. 

1. In the context of the Undertaking, the term Confidential Information covers:

  • All information or data disclosed by the Company, its employees or representatives, whatever their title or status, in relation to the Company, their activities, products, services, marketing media, training or meeting media, advertisements or projects of any nature relating to the future of the Company and their activities, in development or not, including, without limitation, all written documents or verbal information included within the Confidential Information, identified as such by the Company or not.
  • The information that is notably considered as confidential information includes all information whatsoever relating to the internal procedures of the company and its products, to the certification of these, and to the structure of the group to which the Company belongs, and to the direct or indirect links that the Company and the group’s companies maintain with companies under foreign law.

The fact that the Candidate already has confidential information, notably as part of the execution of ongoing contracts or the recruitment process, does not affect the qualification of this information as "Confidential Information" under this Agreement.

2. The Candidate agrees that all Confidential Information received, by any method or medium whatsoever:

  1. will be saved, processed and protected as strictly confidential and with the same degree of care and protection that they grant to their own Confidential Information;
  2. will not be used, entirely or partially, directly or indirectly, except with prior and express consent from the Company and in all cases outside the Candidate’s visit;
  3. will not be disclosed or likely to being disclosed, either directly or indirectly to any third party (with the exception of their representatives, who must agree to respect these confidentiality obligations, and for whom the Candidate acts as a guarantor);
  4. will not be copied, reproduced or duplicated, entirely or partially, without the prior and express agreement of the Company.

3. This Agreement is applicable even in the case of electronic transmission of Confidential Information by the Company, its employees, its representatives or any other person acting under the instructions of the Company.

4. Notwithstanding what was agreed above, this agreement is not applicable to information for which the Candidate can substantiate:

  1. that they entered the public domain before they were disclosed or after but, in this case, in the absence of all negligence attributable to them; or
  2. that they were received from a third party lawfully, without restriction or breach of this Agreement; or
  3. that the use or disclosure was authorized in writing by the Company.

5. It is expressly agreed that the disclosure of Confidential Information relating to this Agreement can in no case be interpreted as expressly or implicitly conferring a right to this Confidential Information to the Candidate. 
Moreover, the Company remains the full owner of the intellectual property rights relating to the Confidential Information, which includes copyright or other rights attached to literary or artistic property, the rights to computer programs as well as the content of databases, trademarks or trade secrets.

6. The Undertaking comes into effect from the acceptance of the Undertaking on the Company’s website or upon signature of the Undertaking, and remains in force without limited duration as long as the Confidential Information does not lose its confidential nature. 

7. The Undertaking is subject to Belgian law. Any litigation relative to its formation, interpretation or execution will be exclusively subject to the competence of the Courts and Tribunals of Liège, district of Liège.

8. All of the provisions of the Undertaking constitute the entirety of the confidentiality obligations that the Candidate agrees to respect.

9. If one of the clauses of the Undertaking is declared null in application of a law, regulation or following a final decision by a competent court, it will be deemed unwritten, the other clauses nevertheless retain their effect and scope. 

10. The Undertaking can be signed, including electronically, in one or several counterparts, where each, once signed, is deemed as an original and together constitute one and the same instrument.