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Confidentiality Undertaking

Dr Janice Duffy v Google LLC (formerly Google Inc.)


Supreme Court of South Australia Proceeding No. 1347 of 2016

I, [insert name] of [insert address],

as a condition of obtaining access to the document and information described below, undertake
to Google LLC (the Disclosing Party) that unless the parties agree or a court otherwise orders:

1 I will keep confidential at all times:

(a) Confidential Annexure A to the letter from Ashurst to Johnston Withers dated
2 May 2018 (the Confidential Document);

(b) the information described in the Confidential Document (Confidential


Information); and

(c) any notes, records, memoranda, spreadsheets or other documents (including but
not limited to any electronic versions of them) created by me or any other person
incorporating or referring to, or derived directly or indirectly from, the Confidential
Documents or Confidential Information (Derived Documents),

(collectively, Confidential Material).

2 Subject to paragraph 3, I will not disclose the Confidential Material or any part of it
directly or indirectly to any person.

3 I will not disclose Confidential Material to any person other than:

(a) a Permitted Person, for the purposes of Supreme Court of South Australia
Proceeding No. 1347 of 2016 (the Proceeding);

(b) the Court; or

(c) as required by law.

4 For the purpose of this undertaking, a Permitted Person means the plaintiff and her
counsel and external solicitors, in each case who have signed and provided to the
solicitors of the Disclosing Party an undertaking in the same form as this undertaking,
their support staff, and any other persons agreed between the parties to this
Proceeding in writing.

5 I will not use the Confidential Material or any part of it for any purpose other than the
conduct of this Proceeding. For the avoidance of doubt, prohibited purposes include,
but are not limited to, use of any Confidential Information for:
(a) posts on any social media platform;

(b) any business or competitive purposes; or

(c) in relation to any other proceeding in any jurisdiction, whether or not against the
Disclosing Party.

6 At the resolution of the Proceeding, or any appeals from any decision given in the
Proceeding, I will ensure that all copies of the Confidential Material in my possession,
custody or power are at my election returned to the Disclosing Party or destroyed or
deleted.

7 I will promptly notify the solicitors for the Disclosing Party if I become aware of any
unauthorised use or disclosure of the Confidential Material.

8 This undertaking is not limited as to time and survives completion, settlement or


discontinuance of the Proceeding.

9 This undertaking does not apply to:

(a) Confidential Material which is not confidential;

(b) Confidential Material which ceases to be confidential; or

(c) Confidential Information which I obtain from another source,

unless any of the above circumstances result from a breach of confidence.

Name: ……………………………………………………..
Position: …………………………………………………..
Signature: …………………………………………………
Date:……………………………………………………….