Research Participant Terms

Research Participant Terms and Conditions and Privacy Policy

These Terms and Conditions (referred to as the “Research Terms”) set forth the terms of an Agreement by which you, ( “You”, “Your” or “Participant”) and Gen Digital Inc., with its registered seat at 60 East Rio Salado Parkway, Tempe, Arizona, USA (“Gen”) and its affiliates, may participate from time to time in any Gen online product research (“Research”).
These Research Terms also govern Your inclusion in the Gen’s research email database.
If You are not at least 18 years of age You may not participate in a Research.
Gen reserves the right to change these Research Terms, modify or end the Research program, at any time without notice.
To conduct the Research, Gen will gather feedback from the Participants relating to Gen and its competitors’ products and services. The Research results may be used by Gen to generate ideas concerning the enhancement of the end user experience which may ultimately benefit Gen’s wider-customer base. Such Research shall be conducted either by telephone, through an online interface or in person.
Available Research shall be communicated to the Participants via email, together with specific information about the Research in question. It is Your decision whether or not to participate in any such Research.
You are not entitled to any reward, remuneration or reimbursement, including for possible expenses, or otherwise in relation to the Research, unless this is explicitly agreed with You.
By accepting these Research Terms, You hereby assign to Gen all right, title and interest You have in and to all results of Your Research.
By accepting the Research Terms, in case of a phone or a video interview, You agree that upon notification, Gen may create an image of Your likeness, video and/or audio recording of You ("Recordings"). Such Recordings will be used for Gen’s internal purposes only. You acknowledge and agree that You are not entitled to any fees, remuneration, or reward for such Recordings.
You may terminate these Research Terms at any time by providing notice by email to: uxresearch@gendigital.com requesting its termination.
Any information provided to You for the purpose of the Research (“Confidential Information”) shall be kept confidential by You. You agree not to use, disclose or publish any Confidential Information for any other purpose other than completing the Research. This does not prevent you from disclosing Confidential Information to the extent required by applicable law. This duty of confidentiality is perpetual. You shall not use the Confidential Information to Your advantage or to the advantage of third parties. You agree and acknowledge that Your breach or threatened breach of this Section may result in irreparable harm to Gen, for which money damages would be an insufficient remedy, and therefore Gen will be entitled to seek injunctive relief to enforce the provisions of this Section.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GEN AND ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES OR LOSSES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY; ANY DAMAGES FOR ANY LOSS OF BUSINESS, PROFITS OR REVENUE, LOSS OF PRIVACY, ANY UNAUTHORIZED DISCLOSURE OR LOSS (INCLUDING ANY CORRUPTION, DEGRADATION OR UNAVAILABILITY) OF ANY DATA OR INFORMATION OF ANY NATURE (WHETHER OR NOT ANY OF THE FOREGOING LOSSES, DAMAGES, COSTS OR EXPENDITURE ARE DIRECT OR INDIRECT LOSSES OR DAMAGES). IN NO CIRCUMSTANCES WILL GEN AND ITS AFFILIATES TOTAL AGGREGATE LIABILITY FOR ALL LOSS OR DAMAGE TO YOU OR ANY THIRD PARTY ARISING FROM OR RELATING TO YOUR PARTICIPATION IN ANY RESEARCH EXCEED THE GREATER OF: (I) FIVE U.S. DOLLARS (US$5.00). NOTHING IN THESE RESEARCH TERMS WILL LIMIT OR EXCLUDE ANY GEN OR PARTICIPANTS LIABILITY FOR ANY MATTER THAT MAY NOT OTHERWISE BE EXCLUDED BY LAW.
If Gen provides to you, in relation to the Research, any documents or materials (“Materials”), You must return to Gen all such Materials after the Research is completed.
This Agreement is governed by the laws of the State of California, USA.

Research Participant Privacy Policy

Introduction

You acknowledge that certain personal data may be collected and stored by Gen acting as data controller as specified in this Research Participant Privacy Policy. Gen’s processing of Your personal data is based on Gen’s legitimate interest to improve Gen’s business and develop existing and future products.

Scope and Purpose of Processing

The scope of collected personal data will differ depending on circumstances, but typically includes the following:

· Your full name;

·       email address;

·       other social demographic information; and

·       any other personal data that You voluntarily provide to Gen as part of the Research.
Gen will use Your personal data for the following purposes:
·       including You in Gen’s research email database;

·       sending You offers to participate in the Research;

·       carrying out the Research and the Research assessment; and

·       communicating with you about the Research.
Your provision of personal data is necessary to enter into the Research Terms and participate in the Research. If You agree to participate in the Research, Your responses, comments and timestamp will be collected and stored by Gen for the period of up to 3 years after the Research. After that, personal data from the Research will be deleted or anonymized.
Upon Gen’s specific request, You may also consent to Gen’s use of certain of Your personal data from particular Research by Gen for marketing activities.

Sharing of Personal Data

Your personal data may be shared with members of the Gen Group and Gen’s service providers for the purpose of improving Gen’s business and developing existing and future products.

International Transfers

Gen is a global company and processes personal data in many countries. As part of Gen’s business, Your personal data may be transferred to Gen’s subsidiaries and third-party vendors located worldwide. All transfers will occur in compliance with applicable law.
Gen has certified to the EU-U.S. Data Privacy Framework, the UK Extension and Swiss-U.S. Data Privacy Framework as set forth by the U.S. Department of Commerce regarding the transfer of personal information from the European Economic Area (EEA), the United Kingdom, and Switzerland to the United States. Click here to access the Gen Digital Inc. Data Privacy Framework Notice.
If Your personal data originates from the European Economic Area and is transferred to Gen subsidiaries, affiliates, or third-party vendors who are located in countries that are not recognized by the European Commission as offering an adequate level of personal data protection, such transfers are covered by alternate appropriate safeguards, specifically Standard Contractual Clauses adopted by the European Commission.
If Gen is involved in a reorganization, merger, acquisition, or sale of Gen’s assets, Your personal data may be transferred as part of that transaction.

How Gen Protects Your Personal Data

Securing personal data is an important aspect of protecting privacy. Gen takes reasonable and appropriate physical, technical, and organizational security measures in accordance with applicable laws to protect Your personal data against the risk of accidental loss, compromise, or any form of unauthorized access, disclosure, or processing. The relevant security controls are communicated throughout Gen to support the secure development of services and maintain a secure operating environment. Gen conducts regular company-wide as well as role-specific training and awareness programs on security and privacy.

Your Privacy Rights and Choices

There are a variety of data protection laws around the globe that provide privacy rights to You. Subject to applicable laws, You may have the following rights:
Delete: Right to delete or erasure (“right to be forgotten”) of personal data Gen has collected from or about You;
Access: Right to know and access the personal data Gen has collected about You, as well as other information about Gen’s data processing practices;
Rectify: Right to rectify, correct, update, or complement inaccurate or incomplete personal data Gen has about You;
Restrict: Right to restrict the way Gen processes Your personal data;
Withdraw Consent: Right to withdraw Your consent to process Your personal data;
Object: Right to object to Gen’s processing of Your personal data based on legitimate interest;
Object to Automated Individual Decision-Making: Right to object to Gen’s processing of Your personal data in automated individual decision-making;
Equal Service: Right not to receive discriminatory treatment for the exercise of Your privacy rights, subject to certain limitations;
Opt-Out: Right to Opt-Out of the sale of personal data, or the Right to Opt-Out of sharing of personal data for cross contextual advertising. U.S. residents can opt out of personalized advertising as set forth here: Do Not Sell or Share My Personal Information. U.S. residents can also turn on the Global Privacy Control (GPC) to opt out of the sharing of Your personal information for cross contextual advertising. Learn more at the Global Privacy Control website. You may have the right to opt out of the processing of Your personal data for certain types of profiling in furtherance of decisions that produce legal or similarly significant effects. However, please note that Gen does not engage in such profiling.
Portability of Personal Data: Right to obtain a portable copy of Your personal data; and
Lodge a Complaint: Right to lodge a complaint with a supervisory authority if You are not satisfied with the way Gen has handled Your personal data, or any privacy request, or other request that You have raised with Gen.
To exercise any of Your rights, or to raise any other questions, concerns, or complaints please contact Gen’s Data Protection Officer at dpo@gendigital.com.