The Non Profit Non Disclosure Agreement is essential for Australian charitable organizations needing to protect sensitive information while maintaining their obligations under relevant legislation. This document is typically used when non-profits share confidential information with board members, volunteers, consultants, or partner organizations. It covers various types of sensitive information including donor details, beneficiary information, strategic plans, and operational methodologies. The agreement is drafted in compliance with Australian law, including the Australian Charities and Not-for-profits Commission Act 2012, Privacy Act 1988, and relevant state legislation. It balances the need for confidentiality with the transparency requirements often expected of charitable organizations, making it suitable for various non-profit scenarios while ensuring legal enforceability in Australian jurisdictions.
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1. Parties: Identification of the parties, including the non-profit organization and the recipient of confidential information
2. Background: Context of the agreement, including the non-profit's activities and the purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and specific non-profit related terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically including donor information, beneficiary details, and strategic plans
5. Permitted Use: Specific purposes for which the confidential information may be used, aligned with the non-profit's mission
6. Obligations of Confidentiality: Core confidentiality obligations and security measures required
7. Exceptions to Confidentiality: Standard exceptions plus specific provisions for statutory reporting requirements of non-profits
8. Return or Destruction of Information: Requirements for handling confidential information upon termination
9. Term and Termination: Duration of the agreement and circumstances for termination
10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Volunteer and Board Member Provisions: Additional provisions for when the recipient is a volunteer or board member of the non-profit
2. Donor Information Protection: Specific provisions for protecting donor personal and financial information when relevant
3. Public Disclosure Requirements: Provisions addressing mandatory public disclosures required by charity regulators
4. Intellectual Property: Additional provisions for protecting IP specific to the non-profit's programs or methodologies
5. Data Privacy Compliance: Specific provisions for compliance with privacy laws when handling personal information
6. Third Party Disclosure: Provisions for sharing information with funding bodies, government agencies, or partner organizations
7. Emergency Disclosure: Provisions for disclosure in emergency situations involving beneficiaries or public safety
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures required for handling different types of confidential information
4. Appendix A - Acknowledgment Form: Form for additional parties or representatives to acknowledge and agree to the NDA terms
5. Appendix B - Compliance Checklist: Checklist for ensuring compliance with confidentiality obligations
Relevant legal definitions
Confidential Information
Disclosing Party
Receiving Party
Permitted Purpose
Representatives
Donor Information
Beneficiary Information
Non-Profit Activities
Charitable Purpose
Board Materials
Strategic Information
Volunteer
Program Materials
Funding Information
Intellectual Property Rights
Personal Information
Sensitive Information
Authorized Personnel
Related Body Corporate
Confidentiality Obligations
Term
Permitted Disclosures
Security Requirements
Regulatory Requirements
Public Domain
Government Agency
Associate
Board Member
Third Party Recipients
Designated Contact Person
Compliance Requirements
Grant Information
Service Provider
Partnership Agreement
Disclosure Notice
Disclosing Party
Receiving Party
Permitted Purpose
Representatives
Donor Information
Beneficiary Information
Non-Profit Activities
Charitable Purpose
Board Materials
Strategic Information
Volunteer
Program Materials
Funding Information
Intellectual Property Rights
Personal Information
Sensitive Information
Authorized Personnel
Related Body Corporate
Confidentiality Obligations
Term
Permitted Disclosures
Security Requirements
Regulatory Requirements
Public Domain
Government Agency
Associate
Board Member
Third Party Recipients
Designated Contact Person
Compliance Requirements
Grant Information
Service Provider
Partnership Agreement
Disclosure Notice
Clauses
Confidentiality
Non-Disclosure
Data Protection
Privacy
Permitted Use
Information Security
Return of Information
Destruction of Information
Term and Duration
Termination
Breach and Remedies
Indemnification
Exceptions to Confidentiality
Regulatory Compliance
Charitable Purpose
Public Interest
Donor Protection
Beneficiary Privacy
Volunteer Obligations
Board Member Duties
Third Party Disclosure
Intellectual Property
Reporting Requirements
Notice Requirements
Governing Law
Dispute Resolution
Assignment
Severability
Entire Agreement
Amendment
Force Majeure
Survival
Counterparts
Acknowledgment
Non-Disclosure
Data Protection
Privacy
Permitted Use
Information Security
Return of Information
Destruction of Information
Term and Duration
Termination
Breach and Remedies
Indemnification
Exceptions to Confidentiality
Regulatory Compliance
Charitable Purpose
Public Interest
Donor Protection
Beneficiary Privacy
Volunteer Obligations
Board Member Duties
Third Party Disclosure
Intellectual Property
Reporting Requirements
Notice Requirements
Governing Law
Dispute Resolution
Assignment
Severability
Entire Agreement
Amendment
Force Majeure
Survival
Counterparts
Acknowledgment
Relevant Industries
Charitable Organizations
Healthcare
Education
Social Services
Environmental Conservation
Arts and Culture
Community Development
International Aid
Religious Organizations
Youth Services
Disability Services
Animal Welfare
Research and Development
Professional Services
Technology
Relevant Teams
Legal
Compliance
Board of Directors
Executive Leadership
Human Resources
Finance
Fundraising
Program Operations
Communications
Volunteer Management
Grant Management
Research
Data Protection
Strategic Planning
Partnership Development
Relevant Roles
Executive Director
Board Member
Volunteer Coordinator
Program Manager
Development Officer
Grant Writer
Finance Manager
Communications Director
Legal Counsel
HR Manager
Operations Manager
Research Coordinator
Fundraising Manager
Project Coordinator
Strategic Planning Director
Compliance Officer
Data Protection Officer
Partnership Manager
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