Republic of the Philippines

Department of Health
VICENTE SOTTO MEMORIAL MEDICAL CENTER
(Formerly Southern Islands Medical Center)

“PhilHealth Center of Excellence”

NON-DISCLOSURE AGREEMENT AND

PERSONAL DATA OBLIGATIONS
(EXTERNAL)

This Agreement is made and entered into by and between VICENTE SOTTO
MEMORIAL MEDICAL CENTER (VSMMC) (Disclosing Party) and SALAZAR
COLLEGES OF SCIENCE AND INSTITUTE OF TECHNOLOGY /
__BARBIE F. ANOTADO (Receiving Party), a resident of SANCARLOS
HEIGHTS QUIOT, CEBU CITY, in connection with the existing RELATED
LEARNING EXPERIENCE on APRIL 2023 to APRIL 2024. This
Agreement is being executed to safeguard and protect Confidential and
Proprietary Information of VSMMC, its patients, employees, clients and
stakeholders, and in line with the provisions of the Data Privacy Act of 2012
(RA 10173) its Implementing Rules and Regulations, and the
Implementation of Executive Order No. 02, s. 2016 (Peoples’ Freedom of
Information in the Executive Branch) and shall remain in effect for five (5)
years, unless otherwise provided by law.

VSMMC and SALAZAR COLLEGES OF SCIENCE AND INSTITUTE OF

TECHNOLOGY / __BARBIE F. ANOTADO do hereby agree, as follows:

1. “Confidential Information,” as used herein shall mean proprietary

information and/or data provided by VSMMC, its patients, employees,
clients and stakeholders to the SALAZAR COLLEGES OF SCIENCE
AND INSTITUTE OF TECHNOLOGY / __BARBIE F. ANOTADO
during the disclosure of confidential information, which are (1) deemed
protected under law such as “personal information” and “sensitive
personal information” under the Data Privacy Act; industrial or trade
secrets under the Revised Penal Code; professionally privileged
information such as those covered by attorney-client and accountant-
client privilege; among others; and (2) those information expressly
deemed confidential by either party through an actual written notice
for information contained in documents, or by a clear oral statement
of their confidential nature for information orally relayed.

2. All information provided through and/or by VSMMC, its patients,

employees, clients and stakeholders to SALAZAR COLLEGES OF
SCIENCE AND INSTITUTE OF TECHNOLOGY / __BARBIE F.
ANOTADO for the entirety of RELATED LEARNING EXPERIENCE
and even thereafter, shall be marked as “Proprietary and Strictly
Confidential.”

Information disclosed through oral presentation and/or through power

point presentation and/or other means must be identified also as
strictly confidential during and after the time/period of disclosure.

3. It is agreed that the SALAZAR COLLEGES OF SCIENCE AND

INSTITUTE OF TECHNOLOGY / __BARBIE F. ANOTADO shall
keep the information confidential and shall not publish or otherwise
disclose such information except to the extent that it can be
established by the SALAZAR COLLEGES OF SCIENCE AND
INSTITUTE OF TECHNOLOGY / __BARBIE F. ANOTADO by
competent proof that such information:

Page 1 of 4
OSM-DPO-F-13 Rev. 1
March 1, 2023
 Republic of the Philippines
Department of Health
VICENTE SOTTO MEMORIAL MEDICAL CENTER
(Formerly Southern Islands Medical Center)

“PhilHealth Center of Excellence”

(a.) Was already known to the SALAZAR COLLEGES OF SCIENCE

AND INSTITUTE OF TECHNOLOGY / __BARBIE F.
ANOTADO , other than under an obligation of confidentiality,
at the time of disclosure and/or presentation;

(b.) Was generally available to the public or otherwise part of the

public domain at the time of its disclosure to the SALAZAR
COLLEGES OF SCIENCE AND INSTITUTE OF TECHNOLOGY
/ __BARBIE F. ANOTADO ;
(c.) Became generally available to the public or otherwise part of the
public domain after its disclosure and other than through any act
or omission of the SALAZAR COLLEGES OF SCIENCE AND
INSTITUTE OF TECHNOLOGY / __BARBIE F. ANOTADO ;

(d.) Was subsequently lawfully disclosed to the SALAZAR

COLLEGES OF SCIENCE AND INSTITUTE OF TECHNOLOGY
/ __BARBIE F. ANOTADO by a Third Party; and

(e.) Was exclusively used for purposes related to RELATED

LEARNING EXPERIENCE.

4. Except as provided herein, the SALAZAR COLLEGES OF SCIENCE

AND INSTITUTE OF TECHNOLOGY / __BARBIE F. ANOTADO will
not disclose any Confidential Information to any other person or will
use any Confidential Information other that in connection RELATED
LEARNING EXPERIENCE. Each one or all agree to observe, exercise
and execute extreme care in protecting the confidentiality of any
Confidential and Proprietary Information.

5. VSMMC, with written consent of the SALAZAR COLLEGES OF

SCIENCE AND INSTITUTE OF TECHNOLOGY / __BARBIE F.
ANOTADO , may disclose Confidential Information (i) to other
parties and/or SALAZAR COLLEGES OF SCIENCE AND INSTITUTE
OF TECHNOLOGY / __BARBIE F. ANOTADO who have executed
non-disclosure agreements (ii) or by requirement of law, and (iii) to its
employees provided that such employees has signed a non-disclosure
agreement.

6. All Confidential Information delivered/presented and/or disclosed by

VSMMC will be and remain as Intellectual Property of VSMMC. All
Confidential Information, and/or any hard copies, thereof of the
disclosed confidential information will either be promptly returned to
VSMMC or deleted or destroyed by SALAZAR COLLEGES OF
SCIENCE AND INSTITUTE OF TECHNOLOGY / __BARBIE F.
ANOTADO without retaining a copy in the possession of the
SALAZAR COLLEGES OF SCIENCE AND INSTITUTE OF
TECHNOLOGY / __BARBIE F. ANOTADO. All electronic
documentation of the confidential information will be deleted from the
file repository of the SALAZAR COLLEGES OF SCIENCE AND
INSTITUTE OF TECHNOLOGY / __BARBIE F. ANOTADO once
the contract ended, has completed or terminated, or if VSMMC
warrants deletion of said file. This requirement of deletion shall not
apply to copies of electronically exchanged Confidential Information
made as a matter of routine information technology backup and to

Page 2 of 4
OSM-DPO-F-13 Rev. 1
March 1, 2023
 Republic of the Philippines
Department of Health
VICENTE SOTTO MEMORIAL MEDICAL CENTER
(Formerly Southern Islands Medical Center)

“PhilHealth Center of Excellence”

Confidential Information or copies thereof which must be stored by

the Receiving Party according to provisions of mandatory law, provided
that such Confidential Information or copies thereof shall be subject to
an indefinite confidentiality obligation according to terms and
conditions set forth herein until returned and/or destroyed, as the case
may be.

7. The parties herein recognize and agree that nothing contained in this
Agreement shall be constructed as granting any rights in each other’s
favor, by license or otherwise, to any Confidential Information except
as specified in this Agreement.

8. Parties acknowledge that unauthorized disclosure or use of such

Confidential Information would cause irreparable harm and significant
injury, the degree of which may be difficult to ascertain. Accordingly,

VSMMC shall have the right to obtain an immediate injunction

enjoining any breach of this Agreement, as well as the right to pursue
any and all other rights and remedies available at law or in equity for
such breach.

9. This Agreement shall be constructed, interpreted and applied in

accordance with the laws of the Republic of the Philippines, including
the provisions of the Data Privacy Act of 2012, without prejudice to the
application of Executive Order No. 02, s. 2016. Any violation of the
provisions of this Agreement shall give cause for VSMMC to proceed
against the SALAZAR COLLEGES OF SCIENCE AND INSTITUTE OF
TECHNOLOGY / __BARBIE F. ANOTADO for appropriate action
such as civil, criminal or administrative remedies.

10. In the event of dispute arising and/or resulting from this Agreement, it
is expressly agreed that the venue thereof shall be in the proper courts
of the City of CITY OF CEBU . It is also agreed that parties will
exhaust the possibilities of amicable settlement.

11. That regardless of any changes that may occur to my title, duties,
status and/or other terms of my training or association with the
Hospital, I understand and agree that the terms of this Non –
Disclosure Agreement will continue to apply.

This Agreement may be modified upon written agreement between the

Parties.

Executed as of the ___ day of _____ in the year 2023.

BARBIE F. ANOTADO
Name & Signature
SANCARLOS HEIGHTS QUIOT, CEBU CITY
Address

Page 3 of 4
OSM-DPO-F-13 Rev. 1
March 1, 2023
 Republic of the Philippines
Department of Health
VICENTE SOTTO MEMORIAL MEDICAL CENTER
(Formerly Southern Islands Medical Center)

“PhilHealth Center of Excellence”

WITNESS:

MARIA CHONA R. BALTAZAR, LPT GERONDIA B. CAÑAS, RN

Certified Data Protection Officer Data Protection Officer
(DPO-ACE APPA 2019-058)

Page 4 of 4
OSM-DPO-F-13 Rev. 1
March 1, 2023