GIGGLES WORLD VENTURES NON-DISCLOSURE AGREEMENT (NDA)

TERMS OF EMPLOYMENT AND CONTRACTOR AGREEMENT

As a condition of my employment or contractual agreement with GWC VENTURES LLC. And/or GIGGLESWORLD CORPORATION (Referred hereafter as The Company) I agree to all the terms of the following Contract:

1.   Employment or Project Related Relationship at Will.

I agree that unless specifically stated in writing and signed by both me and an authorized officer of The Company, subject to controlling law, any employment granted to me is at will and for an indefinite term, and that such employment may be terminated at any time (subject to such requirements as to notice as may be applicable) either by me or by The Company for any or no reason whatsoever, and I hereby waive and disclaim any express or implied covenants to the contrary.  In accepting employment by The Company, I have not relied and will not rely on any statements or representations, whether oral or in writing, by any officers, employees, or agents of The Company concerning the duration or term of employment, grounds, and procedures for discharge or termination of employment, or any other terms and conditions of employment except those specifically stated in writing and signed by both me and an authorized officer of The Company. I further understand that the provisions of any employee manuals, personnel manuals, and any and all other written statements of or regarding personnel policies, practices, or procedures that are or may be issued by The Company or any official or department thereof from time to time do not and shall not constitute a contract of employment and create no vested rights; that any such provisions may be changed, revised, modified, suspended, canceled, or eliminated by The Company at any time without notice; and that they constitute guidelines only and may be disregarded either in individual or The Company wide situations when in the sole opinion and judgment of The Company circumstances so require.

2.   Confidential Information.

A.   The Company Information. I always agree during the term of employment and thereafter, to hold in strictest confidence, and not to use, except for the benefit of The Company, or to disclose to any person, firm, or corporation without the written authorization of The Company, the Confidential Information of The Company even if created or developed by me.  I understand that “Confidential Information” means any Company proprietary information, technical data, trade secrets, or know-how, including, but not limited to, research, product plans, products, product cost, pricing, services, customer lists, customers (including, but not limited to, customers of The Company with whom I became acquainted during the term of my employment), vendors and/or distributor details, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, financial, or other business information disclosed to me by The Company either directly or indirectly in writing, orally, or by observation. The Company acknowledges that Confidential Information does not include any of the foregoing items which have become publicly known and made generally available through no wrongful act of me or of others who were under confidentiality obligations as to the item or items involved.  I agree not to improperly use or disclose any proprietary information or trade secrets of any former or concurrent employer or other person or entity and I will not bring onto the premises of The Company any unpublished document or proprietary information belonging to any such employer, person, or entity unless consented to in writing by such employer, person, or entity.

B.   Third Party Information.

I recognize that The Company has received and, in the future, will receive from third parties their confidential or proprietary information (including, but not limited to, software programs provided by license) subject to a duty on The Company’s part to maintain the confidentiality of such information and to use it only for certain limited purposes.  I agree to hold all such confidential or proprietary information in the strictest confidence and not to disclose it to any person, firm, or corporation or to use it except as necessary in carrying out my work for

The Company consistent with The Company’s agreement with such third party.  I agree to comply with The Company’s policies and procedures, as applicable from time to time, with respect to such information.

C.  Co-workers Information and Compensation. I agree that any confidential information pertaining to other employees, and entertainers whether former or active, will be treated as confidential. I understand that whatever information I see, hear, or learn of regarding my co-workers, former employees or applicants will not be shared with anyone and will be treated carefully and confidentially. For entertainers, you are considered a commission-based, tipped, salesperson and will be compensated at the rate as defined in the current commission’s document unless agreed to by both parties in writing otherwise. All tips provided by customers regardless at any point are one hundred percent retained by the entertainer, bar staff, waiter, or waitresses and must be reported at the end of each shift. Not reporting total tips will be grounds for termination. Any novelty provided by GigglesWorld® and sold by any staff within Club Smiles™ will yield a twenty percent commission for such sales, (less sales tax and excludes sale items) and will be included in the following week’s payroll as additional commissions.

3.   Conflicting Employment.

I agree that, during the term of my active employment with The Company, I will not engage in any other employment, occupation, consulting, or other business activity directly related to the business in which The Company is now involved or becomes involved during the term of my employment, nor will I engage in any other activities that conflict with my obligations to The Company. My position with The Company must be, and remain, my primary priority and cannot be second to any other job or position held with any other company, firm or organization whether in the same industry or not.

4.   Non-Competition.

I agree not to accept employment; contractual work; or create, manage, operate, or own any business that is substantially similar to the present businesses of The Company or such other business activity in which The Company may substantially engage during a period of two (2) years from the time my employment ends with The Company.  I understand this non-competition agreement shall extend globally.  Furthermore, I agree I will not solicit or attempt to solicit any business from any of The Company’s customers, customer prospects, or vendors with whom I have material contact during my employment and for the period of two (2) years from the time, my employment ends with The Company. Failure to comply with this non-compete may result in fines of $25,000.00 per occurrence.

5.   Returning the Company’s Documents and Property.

I agree that at the time I leave the employ of The Company, I will deliver to The Company (and will not keep in possession, recreate, or deliver to anyone else) any and all devices, records, data, notes, reports, proposals, lists, correspondence, specifications, drawings, blueprints, sketches, materials, equipment, photos, videos, keys, other documents or property, or reproductions of any aforementioned items developed by me pursuant to employment with The Company or otherwise belonging to The Company, its successors, or assignees.  I agree to immediately return all keys and property belonging to The Company when my employment with The Company ends.  Nonreturn of company property will result in the full reimbursement costs plus a $35.00 non-return processing fee.

6.   Notification of New Employer.

Upon termination of my employment for any reason, I hereby grant consent to notification by The Company to any subsequent employer about rights and obligations under this Agreement.

7.   Solicitation of Employees.

I agree that for a period of two (2) years immediately following the termination of my employment with The Company for any reason, whether with or without cause, I shall not either directly or indirectly solicit, induce, recruit, or encourage any of The Company employees to leave their employment, or take away such employees, or attempt to solicit, induce, recruit, encourage, or take away employees of The Company, either for my benefit or for any other person, organization or entity. If such action(s) take place I understand it will result in a fine of $25,000 per infraction.

8.   Other Policies.

I agree to comply with all of The Company policies, rules, and procedures that are applicable to The Company employees. I understand that attendance and punctuality is imperative to my continued employment with The Company.  I agree to be on time for work and understand that reporting late for work is grounds for dismissal.  I understand that texting and emailing are not acceptable forms of communication regarding being late or being absent from work for any reason.  I agree to call and speak with a manager or the owner, Tim Serino, should I be reporting late for work or will not be reporting for work at all. Texting and email is not acceptable forms of contact for such purposes. I understand that I will be held personally accountable for any monetary errors, made during my employment with The Company. Whether it be for property damage, cash register transaction, petty cash, or an internet order transaction, I am responsible for any errors, mishaps or inventory damage caused by me and I agree to reimburse Tim Serino, personally, for the financial loss within 24 hours of my next pay date, or via a negotiated time frame as discussed and agreed upon with Tim Serino, personally. If I do not reimburse Tim Serino, personally, within this time frame, I understand I will be suspended without pay until such restitution is fulfilled by me, personally. If I fail to reimburse Tim Serino, personally, within seven days thereafter, my position will be terminated, and I understand I will still be personally subject to reimbursement, in full, to Tim Serino, personally. I agree to utilize the Company telephones for work-related and emergency purposes only.  I am aware personal use of any telephone, including my own personal cellular or smartphone during work hours is grounds for dismissal.  I understand that stealing from The Company or other employees is considered a crime, is grounds for dismissal, and anyone caught stealing will be fully prosecuted.  I understand that The Company discounts are not automatically given and are only authorized on a case-by-case basis taking into consideration: the item being purchased, length of employment, and discretion of owner.  I am also aware that I may need to report to other Company locations from time to time for special assignment or projects.  I agree that any use of my car may be required to travel to and from The Company locations, post office, etc., will not, cause hardship, nor cause any wear and tear to the vehicle and I will not put forth any claim for compensation regarding the use of my car. I also agree, unless due to The Company having to perform lay-offs or downsizing, an Unemployment Compensation Claim will not be filed against The Company, nor granted by The Company, for any reason whatsoever after leaving The Company.

9.   Equitable Relief.

I agree that it would be impossible or inadequate to measure and calculate The Company’s damages from any breach of the covenants set forth in any Section herein. Accordingly, I agree that upon breach of any such Sections, The Company will have available, in addition to any other right or remedy available, the right to obtain an injunction from a court of competent jurisdiction, restraining such breach or threatened breach and to specific performance of any such provision of this Terms of Employment.  I further agree that no bond or other surety shall be required in order to obtain such relief and I hereby consent to the issuance of such injunction, liens, and to any order of specific performance.

10.   General Provisions.

A.   Governing Law; Consent to Personal Jurisdiction. This Contract will be governed by the laws of the State of New York, and I hereby expressly consent to the personal jurisdiction of the state and federal courts located therein for any lawsuit filed there by The Company arising from or relating to my employment or any connection to The Company as well as Tim Serino personally.

B.   Entire Agreement. This Terms of Employment sets forth the entire agreement and understanding between The Company and me relating to the subject matter herein and merges all prior discussions between us.  No modification of or amendment to this Terms of Employment, nor any waiver of any rights, will be effective unless in writing signed by the party to be charged.  Any subsequent change or changes in my duties, salary, or compensation will not affect the validity or scope of this Terms of Employment.

C.   Severability. If one or more of the clauses in this Terms of Employment are deemed unenforceable, then the remaining clauses will continue in full force and effect. And should I dispute any provision within this agreement, I will be responsible for all attorney’s fees and financial hardships caused by any action taken by myself and The Company.

D.   Successors and Assigns. The terms of this Employment Contract will be binding upon my heirs, executors, administrators, and other legal representatives and will be for the benefit of The Company, its successors, and its assigns.

SECURITY POLICY

It is critical that all staff actively protect customer cardholder information from thieves and hackers. This is a legal requirement, and a business requirement, and must not be ignored.

This document is the company security policy. It describes what staff should do, and what they should not do. All staff are required to have read this document and always follow its directions. Failure to adhere to this policy will result in disciplinary action, up to and including immediate termination.

General Notes

These policies apply everywhere (to all computers, to all people, etc.) but apply particularly to any computers, devices, or records involved with cardholder information such as account numbers, names, and so on.

Computers and Software

  • No computers are to be used to store cardholder data (such as credit card numbers, or information read off a card’s magnetic stripe).
  • No other computers are to be connected to any Point-of-Sale terminal (via cables, wireless, or anything else).
  • No computers other than Point of Sale terminals are to be used to transmit or share cardholder data over any sort of network.

Information and Records Stored on Computers and Devices

  • DO NOT record, copy, or store cardholder information (such as account numbers) on any computer, thumb drive, CD, DVD, etc. This includes magnetic stripe information and other information like the three-digit numbers printed on the signature panel of cards.
  • It IS only allowed to record the last 4 digits ONLY of an account number.
  • NEVER, UNDER ANY CIRCUMSTANCES, record, copy, or store cardholder PINs ANYWHERE.

Physical copies of Records (Paper Records, Jump drives, CD, DVDs, etc.)

  • Cardholder data shall be stored only if strictly necessary, and only for as long as necessary. Data that is prohibited by other parts of this security policy must not be stored at all.
  • NEVER, UNDER ANY CIRCUMSTANCES, write down, record, copy, or store cardholder PINs ANYWHERE.
  • DO NOT record, copy, or store the three-digit number printed on the signature panel of any card.
  • All paper records of cardholder data, and all Jump drives, CDs, DVDs, etc, holding cardholder data are to be treated like cash. They must be kept in a locked area and access to them must be tightly restricted.
  • Paper records or electronic records of cardholder information must not be removed from the secure area without formal management approval and a formal record made.
  • Never share cardholder records with anyone outside the company, or with anyone inside the company who does not have management approval to use those records.
  • Paper records of cardholder data, jump drives, CD, DVDs, etc., holding cardholder data must not be thrown out or re-used for other purposes. When you are finished with them, they must be destroyed via shredding, using a company or machine approved by management.
  • Paper records or jump drives, CDs, DVDs, etc., of cardholder data are to be destroyed via shredding after five years, using a company or machine approved by management.

Transmitting Information and Records

  • Cardholder information must never be sent outside the work network (particularly over the web or via email.)

Physical Security

  • Physical access to all Point-of-Sale terminals is restricted to those who have formal management approval.
  • If you see anyone (staff member or not) near a Point-of-Sale terminal who does not have approval, you are required to report it to management immediately.
  • All visitors must either be in the presence of a staff member who is responsible for supervising them or be wearing a visible visitor’s badge. All unsupervised visitors who are not wearing a visible visitor’s badge must be escorted away from sensitive systems such as computers or paper records and reported to management immediately.
  • Paper records or electronic records of cardholder information must be kept in a locked drawer or box inside a separate room (like a back office), and the door must be locked unless someone with formal management approval is in the room at the time.
  • Physical access to paper records with cardholder information on them is restricted to those who have formal management approval.
  • If you see anyone (staff member or not) near such paper records who does not have approval, you are required to report it to management immediately.

Policies and Procedures

  • In the event of suspicious behavior, or a security problem, you are to contact management immediately.
  • Management is required to have, in place, a formal incident management plan, ready to be executed in case of a security incident.

Final Comments

This document, and the requirements described in it, help the company in several important ways:

  1. It reduces the chance that the company will be damaged by hackers or thieves.
  2. It reduces the chance that customer information will be stolen, and so reduces the chance that the company will be sued. As well as expose The Company’s policies, procedures, and proprietary information to competitors and those who intend on doing The Company harm in any compacity.
  3. It helps the company comply with an industry-standard called the Payment Card Industry Data Security Standard (PCI DSS). Failure to do so can result in large fines and the termination of the company’s credit card processing services.
  4. It reduces the chance that customer information will be stolen, and so reduces the chance that the company will be sued.
  5. I agree to pay all monetary loss associated with me breaking any provision of this agreement.

If you have any questions or comments about this policy, or about security issues, please ask your supervisor.                                                                                              

SMOKING – VAPING

The use of tobacco products is not permitted anywhere on the Company’s premises except in authorized and designated locations OUTSIDE of the premises, following New York State Law and for the health of other staff members and our guests.

Smoking is prohibited while you are working! Please use your breaks for smoking in designated areas, outside the building. Smoke breaks will be limited to less than fifteen (15 minutes), and management is to be notified and approve each smoke break prior to leaving the building. You must also be sure to clock out for each smoke break.

TELEPHONE USE

Personal usage during business hours is not allowed except for extreme emergencies. Personal phone calls made on your own cell phone during work hours are prohibited. No cell phone use during a shift except for emergencies.

All staff & performers must inform family members and friends to limit personal telephone calls and texts during working hours.

If an employee is found to be deviating from this policy, he/she will be subject to disciplinary action, including written documentation and, in extreme cases, termination.

If someone needs to get in touch with you, in an emergency only, they can call the company location phone. All other personal phone calls and communications are not permitted during your shift. The only time you may use your phone is while you are on your break and outside the premises or in designated areas only.

I have read, understand, and agree with the Terms of this Contract as well as all the Company’s Policies that have been provided to me.

What color is a fire truck?