10
2. CONFIDENTIALITY
a. Both Parties acknowledge that the service
relationship is founded on a continuing bond of trust
and confidence (duty of fidelity). You are required
to serve the Commissioner and the Constabulary
faithfully within the requirements of your service.
This requirement is not diminished during any
period where modified duties are undertaken in
accordance with clause 1.
b. In the course of your duties, you may have
knowledge of or access to confidential information.
It is implicit in your acceptance of this appointment
that you undertake to safeguard such information
and do not divulge it to any unauthorised person
nor use it for any unofficial purpose, either during or
after your service. Confidential information includes
trade secrets and commercial information as well
as sensitive personal information relating to third
parties including members of the public and/or
colleagues.
c. Any documents and information provided by the
Commissioner or the Constabulary or otherwise
acquired during the course of your service shall to
the extent that they are not in the public domain
or required to be disclosed by operation of law
remain confidential to the Commissioner or the
Constabulary and shall not be disclosed disposed
of or used for any purpose without prior written
consent of the Commissioner.
d. All confidential information acquired by you in the
course of your service provided by the Commissioner
or the Constabulary shall be returned to the
Commissioner or the Constabulary (as relevant) at
the termination of service.
3. POST SERVICE RESTRICTIONS
a. The following definitions and rules of interpretation
apply in this clause:
“Capacity” means an agent, consultant, director,
employee, owner, partner, shareholder or any other
capacity.
“Restricted Service” means any service or activity
carried on by or contracted out by the Commissioner
or the Constabulary with which you were directly
involved in the 12 month period prior to Termination.
“Restricted Person” means anyone employed
or engaged (either permanently or temporarily
including secondment and acting up) by the
Commissioner or the Constabulary at Chief Inspector
rank or above (or Police Staff equivalent grade) and/
or who could materially damage the interests of
the Commissioner or the Constabulary if they were
involved in any Capacity in any organisation which
competes with any Restricted Service and with
whom you had material dealings in the course of this
employment in the 12 months prior to Termination.
“Termination” means the termination of your service
with the Commissioner / Constabulary howsoever
this may arise.
b. You covenant with the Commissioner that you shall
not for 6 months after Termination be involved in any
Capacity with any business concern or organisation
which is the current provider of Restricted Service, or
intends to be through competition or otherwise.
c. You covenant with the Commissioner that you shall
not for 6 months after Termination and whether
directly or indirectly offer to employ or engage
or otherwise endeavour to entice away from the
Commissioner or the Constabulary a Restricted
Person.
d. You covenant with the Commissioner that you
shall not at any time after Termination represent
yourself as connected with the Commissioner or the
Constabulary in any Capacity.
e. You agree that the restrictions imposed on you by
this clause apply to you acting directly or indirectly
and on your own behalf or on behalf of or in
conjunction with any firm, company, organisation or
person.
f. If you receive an offer to be involved in a business
concern during your service with the Commissioner/
Constabulary or prior to the expiry of the last of the
covenants in this clause, you agree that you shall give
the person making the offer a copy of this clause
and shall tell the Commissioner the identity of that
person as soon as possible after accepting the offer.
g. Upon the termination of your service you may be
asked to sign a warranty that you have fully complied
with the clause and that you will continue to do so.
h. Each of the covenants and restrictions in this clause
is intended to be separate and severable. If any of
the covenants or restrictions are held to be void but
would be valid if part of their wording were deleted,
such covenant or restriction shall apply with such
deletion as may be necessary to make it valid or
effective.