Quote:
Originally Posted by DGTess
I volunteer with a nonprofit whose mission is education and lobbying. I have significant information about the financial picture of that organization, information that if divulged could provide fodder for those who advocate against us. Therefore, I understand the sensitivity of *some* information, and even the need for an NDA. I don't see, however, the utility of one as vague and all-encompassing as this one.
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This is true. Although, I would think that if this was a concern for Alpha Phi - or any Greek org - for legitimate reasons (e.g. wanting to keep financial or legal information confidential), wouldn't they have all sisters/brothers sign one, as well?
Granted, NDA's are typically somewhat vague in nature. However, they usually are not so all-encompassing and unclear that the person signing it would wonder, "Wow, can I talk about Alpha Phi AT ALL?" There is a level of reasonableness to them, and Alpha Phi's doesn't seem to have that.
As an example, here's a section regarding confidential information from an NDA I've received:
1. Definition of Confidential Information. “Confidential Information” means: (a) all information marked confidential, restricted or proprietary by *insured name*; and (b) any other information that is treated as confidential by *insured name* and would reasonably be understood to be confidential, whether or not so marked (and whether in written or oral form) and whether provided to Company prior to, on or after the Effective Date. Confidential Information also shall include, but is not limited to, intellectual property, data, attorney-client privileged materials, attorney work product, customer lists, customer contracts, customer information and transaction data, rates and pricing, information with respect to competitors, strategic plans, account information, research information, financial/accounting information (including assets, expenditures, mergers, acquisitions, divestitures, billings collections, revenues and finances), IT and personnel information, marketing/sales information, information regarding businesses, plans, operations, third party contracts, licenses, internal or external audits, law suits, regulatory compliance and other confidential and proprietary information.
When you compare that to Alpha Phi's "confidential information", particularly that in bold, it's no wonder volunteers are unclear about what's actually confidential and questioning the reason behind it.
A. I acknowledge and understand that in connection with my position as a*[INSERT POSITION HERE]*with Alpha Phi, I will have access to and be provided with certain confidential and proprietary information pertaining to Alpha Phi, including but not limited to
information relating to its members, business practices and strategies, finances, designs, plans, drawings, photographs, mock-ups,
discoveries, research, developments, methods, processes, procedures, improvements, ‘know-how’, market research, marketing techniques and plans, in oral, demonstrative, written, graphic or machine-readable form, and other matters, all of which Alpha Phi deems confidential and proprietary and all of which are of substantial value to Alpha Phi (“Confidential Information”).*
B. I acknowledge and understand that in connection with my volunteer leader position with Alpha Phi, I may be asked to create or prepare certain confidential and proprietary business information pertaining to Alpha Phi, its members and its business operations. I may also be asked to participate in meetings, telephone conferences or other modes of communication where confidential information pertaining to Alpha Phi is disclosed and/or discussed. The confidential and proprietary information referred in paragraphs A and B of this Agreement is hereinafter referred to as the “Confidential Information.”*
Hybrid Mode
