16 - Confidentiality

16.1    We and you each will:

16.1.1    Keep the Confidential Information of the other secret and confidential;

16.1.2    Not use the Confidential Information of the other party except for the proper exercise of our rights and performance of our obligations under these Rules including but not limited to the operation of our online portal (the “Permitted Purpose”);

16.1.3    Not disclose or permit the disclosure of the Confidential Information of the other except as permitted in Rule 16.2; and

16.1.4    Take all necessary and proper security precautions to safeguard every part of the Confidential Information.

16.2    We may disclose your Confidential Information to those of our employees, officers and professional advisers (“Representatives”) who need to have access to it for the Permitted Purpose, provided that we ensure that those Representatives comply with this Rule 16.

16.3    The provisions of Rule 16.1 will not apply to Confidential Information that:

16.3.1    the receiving party can prove was known to the receiving party or in its possession on a non-confidential basis and other than as a result of breach of confidence before that information was acquired from, or from some person on behalf of, the other party;

16.3.2    is in or enters the public domain through no default of the receiving party  provided that this Rule 16.3.2 shall only apply from the date that the relevant Confidential Information enters the public domain;

16.3.3    the receiving party receives from a third party without obligations of confidence in circumstances where the third party did not obtain that information as a result of a breach of an obligation of confidence; or

16.3.4    is required to be disclosed by any applicable law or by the order of a court or other tribunal of competent jurisdiction to the extent of the required disclosure.

16.4    The provisions of this Rule 16 shall continue to apply for a period of six years from the discharge of the relevant Contract from the Scheme.