Revised September 2024
esVolta, LP (the “Company”) and Applicant acknowledge and agree that:
1. Privacy. Applicant seeks to apply for a job position at the Company or one of the Company's affiliates (including without limitation esVolta GP, LLC), which will involve submitting Applicant's Personal Information as defined in the Company's Privacy Policy as referenced and incorporated herein: https://www.esvolta.com/privacypolicy.
2. Confidential Information.
a. Applicant may also have access to Company's Confidential Information during the interview process, access to Company premises, or through other application processes. "Confidential Information" includes trade secrets, proprietary information, research and data, operating and marketing information, techniques and procedures, customer lists, employee lists, supplier lists, training manuals and procedures, business plans, projections and strategies, pricing information and financial reports, in any form, which are not generally known to the public.
b. The Company’s competitiveness in the course of its business depends on its exclusive possession of, and the non-public nature of, its Confidential Information. Applicant agrees not to directly or indirectly use or disclose to any of the Company’s Confidential Information to any third party.
c. Applicant also agrees that they will not directly or indirectly use or disclose the Confidential Information of any third party to the Company during the interview process or as part of their employment.
d. Applicant understands that the provisions of this Agreement pertaining to the disclosure of trade secrets and/or the Company's Confidential Information do not apply to disclosures protected by the Defend Trade Secrets Act, which states that:
i. An individual shall not be held criminally or civilly liable under any federal or state law relating to trade secrets for the disclosure of a trade secret that is made in confidence to a federal, state, or local government official, or to an attorney solely for the purpose of reporting or investigating a suspected violation of law;
ii. An individual shall not be held criminally or civilly liable under any federal or state law relating to trade secrets for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, as long as such filing is made under seal; and
iii. Should the Applicant file a lawsuit for retaliation by the Company for reporting a suspected violation of law, the Applicant may disclose the trade secret to their attorney and use the trade secret information in the court proceeding, as long as the Applicant files any document containing the trade secret under seal; and does not otherwise disclose the trade secret, except pursuant to court order.
3. Rights in Confidential Information and IP. Applicant and the Company agree that all rights to Confidential Information disclosed during the application process are reserved to the disclosing party and each party retains its entire right, title and interest, including all intellectual property rights, in and to all of its Confidential Information. Any disclosure of Confidential Information hereunder shall not be construed as an assignment, grant, option, license, or other transfer of any such right, title, or interest whatsoever; provided, however, that APPLICANT AGREES THAT ALL APPLICANT'S RIGHT, TITLE, AND INTEREST THROUGHOUT THE WORLD IN ALL DEVELOPMENTS, ORIGINAL WORKS OF AUTHORSHIP, INVENTIONS, CONCEPTS, KNOW-HOW, IMPROVEMENTS, TRADE SECRETS, AND SIMILAR PROPRIETARY OR INTELLECTUAL PROPERTY RIGHTS THAT ARE DEVELOPED THROUGH THE USE OF ANY CONFIDENTIAL INFORMATION OF THE COMPANY, INCLUDING THAT OBTAINED THROUGH THE APPLICATION PROCESS OR IN CONSULTATION WITH COMPANY PERSONNEL, ARE HEREBY ASSIGNED TO THE COMPANY.