You are on page 1of 4

Confidential

Data Collection – Consent and Release Form


for Project [Ake-Multiple Language Recording]

Project Contact: [tqiao@appen.com]

This is a data collection project undertaken by Appen on behalf of its Customer. For the purposes
of this project Appen will collect data for the use of its customer based in China (“Customer”).
The Customer is a data controller, and Appen may also be an independent data controller. Your
decision to participate in this project is completely voluntary and you may decline to
participate or request to end your participation in this project at any time by providing us
written notice.

By providing your signature below, you are agreeing to provide Appen China. (“Appen”, “us”,
“we”, “our”) with Personal Data in form voice recording for this project (we call this “Project
Data”), and any other information and materials that you provide to us as required under this
project (which, together with the Project Data will be referred to as “Materials”) for the project(s)
you’ve enrolled in. This Data Collection – Consent and Release (“Consent Form”) is attached to
and incorporated by reference into the Master Services Agreement between you and Appen. The
Materials will be used by our Customer, as defined above, and Customer’s respective customers,
vendors, partners and affiliates, as well as our vendors who sub process the Materials (each, a
“User” and collectively, the “Users”) to assist in the development and advancement of software,
machine learning models, artificial intelligence, algorithms and technology research. Your
assistance is much appreciated. For more information on how Appen uses data, please review
Appen’s Privacy Statement located on our website at https://appen.com/privacy-statement/.

If you wish to withdraw your participation, please contact Appen at the Project Contact email
above. Appen and Users may continue to use the Project Data that you provided in accordance
with applicable law and our legal obligations. Please note, a request to delete Personal Data that is
already delivered to the Customer should be directed to the Customer via the Project Contact or
the contact details set out in Customer’s privacy policy. After your withdrawal, Appen and Users
may continue to retain your account information, such as what projects you participated in, for
account management and record-keeping purposes.

Processing of Personal Information

We may need to collect, use, and retain Personal Data from you, or from another entity you provide
your Personal Data to, in order to: execute the project requirements; communicate with you, report
to regulatory authorities as required by law; and fulfill any other obligations the we may have to
our customers, vendors, or to governmental authorities. Examples of this include but are not
limited to your contact information to be able to contact you, your account information and what

Page 1 of 4
Confidential

projects you worked on for our record-keeping purposes, your payment information so we can pay
you any owed amounts, other information for fraud detection/prevention purposes. The legal basis
for processing your Personal Data is that it is necessary for the performance of a contract between
you and Appen. You acknowledge and agree to processing and storing of your Personal Data by
Appen and Users as necessary to exercise its rights and fulfill its obligations under this Agreement.

However, certain special categories of information, such as data concerning health, biometric data,
racial or ethnic origin, religious affiliation, which may be part of the data you submit for the project
(but only if the project requires such data), may require your consent before we can process the
information. You hereby consent to the collection, processing, and transfer of such special
categories of information, and any other project Personal Data where your consent for processing
is needed under applicable law. You understand that you may withdraw your consent at any time
by contacting the Project Contact or if your home jurisdiction entitles you to such rights, by making
a data subject access request through the link found on our homepage at appen.com per our policies.

Ownership and Use of Materials.

The Materials shall be deemed works made for hire for Appen. Accordingly, Appen shall be
considered the author and the owner of the Materials at all stages of completion. All rights (the
“Rights”), including but not limited to, all copyrights, and any and all ownership and exploitation
rights, in the Materials and the images, video, audio, and other content contained therein, in
whatever form in which you appear, are hereby assigned to Appen to use by Appen and its
customers throughout the world in all forms of media, forever. If under any applicable law the
fact that the Materials are a work made for hire is not effective to place authorship and ownership
of the Materials and all rights therein in Appen, then you hereby irrevocably assign and transfer to
Appen, to the fullest extent permitted by the applicable law, the Rights, and in connection therewith,
any and all right, title and interest you may have in the Materials. Depending on the project
description, you may be asked to submit Materials of other individual persons besides yourself.
You understand and agree that you will obtain all necessary and valid consents and/or
acknowledgments from additional participants before you submit the Materials of other individual
persons. The method by which others may register their consent or acknowledgments is specified
in the project guidelines and you will strictly comply with such instructions. You hereby represent,
warrant, and covenant that you have or will obtain all consents, acknowledgments, and
assignments as required to provide Appen and the Users with rights necessary to collect, use, store,
process, and disclose of each of those individuals’ Personal Data as described in this Consent Form,
including but not limited to, assignment of all of their intellectual property and moral rights as
needed in accordance with this Consent Form.

Release of Claims (PLEASE READ CAREFULLY)

Page 2 of 4
Confidential

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF


YOURSELF, AND ANY OTHER APPLICABLE INDIVIDUALS, EACH HEREBY WAIVE,
RELEASE, DISCHARGE, AND HOLD APPEN, APPEN’S CUSTOMER, AND ANY OTHER
USERS HARMLESS FROM LIABILITY BY VIRTUE OF ANY PROCESSING, BLURRING,
DISTORTION, ALTERATION, ANNOTATION, MODIFICATION, OPTICAL ILLUSION, OR
USE OF THE MATERIALS OR OTHER CONTENT IN COMPOSITE FORM WHETHER
INTENTIONAL OR OTHERWISE, THAT MAY OCCUR OR BE PRODUCED WHEN WE,
APPEN, OR OTHER USERS USE THE MATERIALS, INCLUDING BUT NOT LIMITED TO
ANY CLAIMS FOR INVASION OF PRIVACY, DEFAMATION, AND VIOLATION OF
PUBLICITY OR PERSONALITY RIGHTS. YOU UNDERSTAND THAT SUCH ALTERATIONS
ARE AN EXPRESS AND INTENDED USE OF THE MATERIALS.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE


LAW, IN NO EVENT WILL APPEN, ITS CUSTOMER, OR OTHER USERS, BE LIABLE TO
YOU OR ANY OTHER INDIVIDUAL PARTICIPATING IN THIS PROJECT FOR ANY
INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING LOSS OF PROFITS OR LOSS OF TIME) ARISING FROM OR RELATING TO
THIS AGREEMENT, EVEN IF APPEN, CUSTOMER, OR OTHER USERS KNEW OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF, OR COULD REASONABLY HAVE PREVENTED,
SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL APPEN, APPEN’s CUSTOMER, OR
USERS’ TOTAL AGGREGATE LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED
TO THIS PROJECT EXCEED THE TOTAL AMOUNT PAID BY APPEN TO YOU UNDER THIS
PROJECT DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THUS, THE ABOVE
LIMITATION MAY NOT APPLY IN SUCH JURISDICTIONS.

Data Transfer

You acknowledge and agree that Project Data may be transferred to Appen, to Users, and/or to
third parties designated by a Customer to the United States, Canada, the United Kingdom, the
European Union, Australia, Philippines, and other countries, but only for the purposes described
herein or in the project description. The transfer of Personal Data to these entities will abide by the
requirements for international data transfers per applicable law. These entities will subscribe to the
appropriate legal instruments for the international transfer of data, or will be bound by appropriate
contractual arrangements (such as Standard Contractual Clauses, as approved by the European
Commission) to protect your personal information. You acknowledge and understand that other
countries may not provide the same level of protections or safeguards for your Personal Data as
that of your home jurisdiction.

Your Rights in Project Data

Page 3 of 4
Confidential

You agree that the Project Data submitted by you are original to and owned by you, or the other
data subject(s). By submitting, you release, to the maximum extent permitted by law, Appen,
Appen’s Customer, Users, agents, employees, licensees and assigns from any and all claims you
may have now or in the future for invasion of privacy, right of publicity, trademark infringement,
copyright infringement, defamation or any other cause of action arising out of Appen’s use of the
Project Data submitted by you. You understand and agree that between Appen and you, Appen is
and shall be the exclusive owner of all right, title and interest, including copyright, in the Project
Data and any works that may be created by you containing the Project Data.

Withdrawal
You may withdraw your consent by contacting our Privacy Office at dpo@appen.com. You may
be asked to go through our standard data subject access rights process.

Confidentiality
By agreeing to participate in the project, You acknowledge that any information about the project,
including any project details, shall be kept confidential by you and are covered by the obligations
under your agreements, including but not limited, to any Master Services Agreement between you
and Appen.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS CONSENT FORM


CAREFULLY, THAT YOU UNDERSTAND AND AGREE TO ALL OF ITS TERMS AND
HAVE HAD AN OPPORTUNITY TO ASK QUESTIONS.

Acknowledgment and Consent

• You understand that if the legal basis for processing of certain sensitive or special
categories of Personal Data under this Consent Form is your consent, you can withdraw
your consent at any time, but doing so will not affect the processing or transfer of such
Personal Data that occurs before your withdrawal of consent. The sensitive or special
categories of Personal Data for purpose of processing and transfer per this project are [None
sensitive PII].

• You acknowledge that the legal basis for processing and transfer of Personal Data (besides
sensitive or special category personal information) under this Consent Form is that the
processing is necessary for the performance of a contract between yourself and Appen and
that processing or transfer done on this basis will not be affected by your withdrawal of
consent to processing.

• You understand that you may ask for a copy of this Data Collection – Consent and Release
Form.

Facsimile signatures constitute original signatures for all purposes.

Page 4 of 4

You might also like