Common use of Acknowledgement and Undertaking Clause in Contracts

Acknowledgement and Undertaking. The Contractor acknowledges that the Sensitive NAPLAN Information that it may receive from ACARA under this Agreement includes sensitive Personal Information. The Contractor undertakes to comply fully with the terms of this Special Conditions Schedule. The Contractor must ensure that Sensitive NAPLAN Information: is not disclosed to any other party without ACARA’s prior written approval, which: may or may not be given by ACARA acting in its absolute discretion; and may be subject to any conditions ACARA considers appropriate acting in its absolute discretion; is treated as and remains Confidential Information under this Agreement; is securely stored to prevent unauthorised physical or electronic access; is not transferred, or accessed from, outside of Australia without the prior written consent of ACARA; is only used in a manner permitted by section 40 of the ACARA Act, the Privacy Act and this Agreement; and is held in compliance with the Privacy Act. The Contractor must: ensure that any other party to whom Sensitive NAPLAN Information is disclosed in accordance with clause 3.1.1.a: is bound by any conditions prescribed by ACARA under clause 3.1.1.a.ii and by obligations substantially similar to the obligations set out in this Special Conditions Schedule; and