Confidentiality Undertaking

1. Parties and purpose

This undertaking applies between you ("Client") and Circularmonster B.V., registered with the Dutch Chamber of Commerce under number 89759192 and trading as XITAD.

It is mutual: both parties share information the other should not pass on. It applies from the first conversation, even if no assignment follows from it.

2. What is confidential

Confidential means all information one party receives from the other that can reasonably be regarded as confidential, including in any event:

• From the Client: inventory lists and the data in them, collection addresses, contacts, access and security information, and what you tell us about your replacement plans or your organisation.
• From XITAD: amounts bid and quoted, the parties in our network and what they offer, our working methods and the data you get to see in the platform.
• The existence of the cooperation itself is not confidential, unless a party expressly asks for it to be.

3. What is not confidential

This undertaking does not apply to information that:

• was already public, or becomes public without any involvement of the receiving party.
• the receiving party already knew, or developed itself without using what it received.
• was lawfully obtained from a third party free to disclose it.
• must be disclosed under the law or a court order. The party so compelled notifies the other beforehand, unless that is prohibited.

4. Use and with whom it may be shared

Each party uses the information solely to assess and perform the assignment, and protects it with the care that may be expected of a professional party.

Sharing is permitted only with its own staff and with engaged parties that need the information for that assignment and are themselves bound to confidentiality. XITAD does not share the Client’s name and address with bidding parties: they see the town, and the full details only after a bid has been accepted. Processing and logistics partners sign their own confidentiality undertaking beforehand.

5. Personal data

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6. Duration, return and destruction

This undertaking remains in force until five years after the last contact or the last assignment, whichever is later.

On request each party returns or destroys the information received, except for what must be retained under a statutory retention obligation. Whatever is retained remains subject to this undertaking.

7. No obligation to do business

This undertaking obliges neither party to enter into an agreement, issue a quotation or offer equipment. It governs only how shared information is handled.

8. Governing law

Dutch law applies to this undertaking. Disputes are submitted to the competent court in the district of Amsterdam.