1. During the provision of the verification audit by the Verification agency to the client, the Verification Agency may acquire knowledge, related to the verification audit, of certain information, documents, material, knowledge, know-how, trade secrets and proprietary interests concerning the Measured Enterprise, including but not limited to its business and strategic plans, adherence to BEE, financial information, technology, computer systems, licensing arrangements, and other technical information concerning its customers, financiers and suppliers, its methods of carrying on business and other confidential information which is not in the public domain and not readily available to a competitor of the client (hereinafter collectively referred as “the confidential information”).
2. The Verification Agency undertakes to and in favour of the client that:
2.1 It shall maintain and uphold the confidentiality and good faith in relation to the
2.2 It shall not divulge, publish or disclose to any person, firm, company corporation,
trust, or other entity whatsoever (“third party”) any of the confidential information.
2.3 It shall not at any time use any of the confidential information or any part or extract thereof for its own benefit or for the benefit of any third party.
2.4 It shall, upon the request of the client at any reasonable time and as soon as practically possible, return and surrender to the client all of the confidential information in it possession or under its control and all documents and other material containing confidential information together with all copies thereof.
2.5 The undertakings given by the Verification Agency herein shall not preclude it from disclosing the confidential information.
2.6 To the extent that it may be obliged to do so in law, including, without limitation, any disclosure to the Department of Trade and Industry or SANAS.
2.7 In so far as such disclosure is necessary for the purpose of the provision of the verification audit, to its officers, employees and professional advisors.
3. The undertakings given by the Verification Agency shall not apply to any part of the confidential information which is public knowledge at the time of its disclosure.