No, it has to be explicitly outlined in the employee agreement if you’re not allowed to share some of the information. “Duty of confidentiality” is not a magic thing that just exists.
All of the cases where people have been busted (e.g. the capital one credit card transactions) are because the SEC has an exact quote from the employee agreement that says something like “don’t use this mega database to do trading”.
If your employee agreement doesn’t have something explicitly barring you from noticing racks of incoming inventory and using that information, then it’s not insider trading.
You are wrong. The duty of trust doesn't even require a formal contract, girlfriend/boyfriend qualifies for example. Also see point 4 from https://www.bloomberg.com/opinion/articles/2022-01-26/watch-... for example where there is no discussion of explicit duty of confidentiality; it is presumed in an employment relationship.
I don't know that the specific information collected in this qualifies as material information but it seems like it might.