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Confidentiality+and+Data+Security+Undertaking(Non+Chinese+Mainland+Edition) (1)

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24 views

Confidentiality+and+Data+Security+Undertaking(Non+Chinese+Mainland+Edition) (1)

Uploaded by

trunghieu2225
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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保密及数据安全承诺函

Confidentiality and Data Security Undertaking Letter

To: Alibaba Group and its affiliates

I (hereinafter referred to as "I", "me", or "my"), as an outsourced


employee or partner of Alibaba Group and its affiliates (hereinafter referred to
as the "Company"), am fully aware and understand that I will become aware
of, have access to, or master important information in the process of
providing services to the Company as agreed, and I hereby undertake to the
Company as follows:
I. Obligation of confidentiality
1. I acknowledge that for the purpose of this Undertaking Letter,
confidential information means all trade secrets of the Company of which I
become aware during the provision of services; all information that is
unknown to any third parties, related to the provision of services, and
disclosed by the Company to me in oral, written, or electronic form; and any
information that is disclosed to me before or after the signing of this
Undertaking Letter.
2. I agree that I will: (1) take all necessary security precautions to protect
and keep such confidential information completely and strictly confidential;
(2) not directly or indirectly disclose to any third party any such confidential
information or any information derived therefrom (including but not limited to
the confirmation with any third party in any way with respect to any
confidential information or the information related thereto); and (3) not use
such confidential information under any circumstances, unless explicitly
authorized by the Company. When I am unable to judge whether certain
information is confidential, I undertake to treat it as confidential information.
3. I will inform the Company of any unauthorized use or disclosure of
confidential information immediately after discovering it, and I will use my
best endeavors to assist the Company to mitigate any consequences resulting
therefrom and prevent further unauthorized use of the confidential
information. At the request of the Company or upon the expiration of the
contract between both parties (whichever comes earlier), I agree to return all
confidential information to the Company and/or destroy the copies of all
confidential information that I keep and, if the confidential information is
transmitted in electronic form, to destroy such confidential information and
related communications, storage, and records.
4. I acknowledge that the confidential information is the Company's
property, and my understanding and use of the confidential information
pursuant to this Undertaking Letter shall not be construed as granting to me
any other rights related to such confidential information.

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5. The obligations stipulated in this Undertaking Letter will remain valid as


of the date on which I sign this Undertaking Letter until the Company
discloses any confidential information to the public.
II. Security specifications
1. During my service period, I undertake to install AliLang, Cloud Shell, or
other security software provided by the Company, and I acknowledge and
undertake that I will fully abide by the use rules of AliLang, Cloud Shell, or
other security software and the requirements stipulated in the corresponding
agreement.
2. I undertake that I: (1) shall not attempt to create or spread malicious
programs on the Company's network; (2) shall not process the Company's
sensitive information on a public network; (3) shall not discuss the Company's
internal information in a public place; (4) must use terminals and devices that
have installed with AliLang; and shall not keep any work-related information
externally when working remotely; (5) shall not privately build network
devices or change the network topology; shall not hack the computers of
others or the Company; and shall not intentionally interfere with the smooth
operation of the Company's information system network; (6) shall not connect
the Company's network with an external network or personal home network
without authorization; (7) shall not create any login account, login channel, or
backdoor on the Company's server or network devices without authorization;
(8) shall not carry out other operations that are harmful or potentially risky to
information systems; (9) shall not intentionally bypass, or otherwise cause the
failure of, the Company's security monitoring measures; and (10) shall not
engage in any other act that endangers the security of information network
systems (including the Company's internal information platform) or results in
a lower security level of the Company.
3. I'm obliged to take care of the terminals and devices provided by the
Company. If the Company's information is leaked due to the loss of any such
terminal or device, the Company has the right to investigate my legal liability
according to the agreement between both parties and the degree of damage.
If any such terminal or device is lost or stolen, I undertake to inform the
Company immediately and report to the person in charge of the Company's IT
department.
4. I undertake that I will not install and use any software not permitted by
the Company on the terminals or devices provided by the Company, and will
not privately deliver the terminals and devices for office use to a third party
for repair; and that I must deliver any terminal or device to be repaired to the
Company's IT service desk (reserved).
5. I shall not take documents (including but not limited to printouts,
photocopies, and various internal materials of the Company) out of the field or
workplace. Paper documents (if any) involved must be destroyed by a paper
shredder. After the outsourcing project is completed, I must hand all
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deliverables (including but not limited to codes, documents, pictures, and chat
records on DingTalk or other instant messaging tools and in the mailbox) over
to the Company, and shall not retain any copies thereof without permission.
6. I will not store work information related to the Company in personal
mobile devices.
7. I will not lend, lease, disclose, or leak to any third party for use or
abuse the work account, permissions, employee ID card, etc. (if any) that I use
during the provision of services to the Company, nor shall I use the same for
non-work purposes. After obtaining the Company's BUC account upon
application, I shall connect to the network via AliLang and install Cloud Shell. I
shall properly keep the password device for multi-factor authentication to
prevent the loss or theft thereof. In the event of such loss or theft, I shall
immediately report it to the Company.
8. I undertake that I will only use DingTalk, AliWangWang, AliMail, or other
application software of the Company for work purpose during the provision of
services to the Company, and that such software is used for work purpose
only during my provision of services and will not be used in any private
scenarios. I will not download work information related to the Company
(including but not limited to codes, documents, pictures, and chat records on
DingTalk or other instant messaging tools and in the mailbox) via DingTalk,
AliWangWang, AliMail, or other communication tools on a mobile device.
9. I undertake that (1) I shall not install and use any external storage
software or program on work computers, and shall only use Ding Drive or
other internal storage products of the Company; and shall not install and use
any external communication software, and shall only use DingTalk,
AliWangWang, AliMail, or other internally-used communication tools of the
Company for work communication; and (2) I shall not install and use any
external remote control products, and shall only use the remote assistance
functions of the Company's remote control tools, i.e., DingTalk and
AliWangWang.
10. All data, information, and materials that are generated and
accumulated under the dedicated working accounts due to my login to and
use of DingTalk, AliWangWang, AliMail, or other internally-used communication
tools of the Company during my provision of services to the Company shall be
deemed as a part of the deliverables and belong to the Company. The
Company has the right to block, delete, or save the above data, information,
and materials through relevant functions of the above software and freeze all
accounts that I use for work purpose, or to instruct the service provider to do
so according to the Company's requirements. If the services that I provide to
the Company are terminated or suspended, I undertake to hand all data and
assets (including but not limited to codes, documents, pictures, and chat
records on DingTalk or other instant messaging tools and in the mailbox) over
to the Company.
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11. I agree that I shall indemnify the Company in full for all losses
and damages, including but not limited to attorney fees, arising from
my breach of the obligations hereunder, or the enforcement of my
obligations hereunder, or any unauthorized use or disclosure by me
of any confidential information, and that the Company may also hold
me liable according to any other document reached with me. I
acknowledge that any unauthorized use or disclosure of any
confidential information may cause irreparable losses and significant
damages to the Company and the Company will have the right to file
a lawsuit or arbitration with the competent court or arbitration
institution for any actual or suspected breach of this Undertaking
Letter to seek injunctive or other appropriate relief.

Undertaker:

Date:

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