For IBMers:
https://www.ibm.com/privacy/detailsFor non-IBMers: BY CLICKING THE "ACCEPT" (OR SIMILAR) BUTTON, YOU AGREE TO THE BELOW TERMS.Overview
You are invited to participate in an opportunity to provide Feedback (a "Feedback Event") about existing or potential IBM services or offerings ("Offerings"), which is offered by International Business Machines Corporation, 1 New Orchard Rd, Armonk, New York 10504, USA, or its affiliate(s) ("IBM", "We", "Us", or "Our"). Your participation is voluntary.
You agree that you are acting solely on your own behalf, not as a representative of your employer or any third party. This Individual Feedback Agreement ("Agreement") is effective when you click the "Accept" (or similar) button referencing this Agreement, and it automatically ends after the Feedback Event is completed.Collection and Processing of Personal InformationAs a participant in our Feedback Event, we may ask about the tasks, processes, and needs common to your industry or professional role, and we may request your Feedback about Our Offerings. We may collect and process your personal information if you provide it, which we will use for internal research coordination and communication purposes. IBM personnel and other participants may be present during a Feedback Event.IBM will respect your privacy and will follow applicable privacy laws and regulations to protect your personal information and will use your personal information for internal research purposes only. We will use reasonable and appropriate security measures to protect such personal information from unauthorized access, use and disclosure.With your consent, we might use photography, screen capture, video and/or audio recording to capture your Feedback. We may process and store the research data, your personal information, your contact information, and this Agreement wherever we do business, including the U.S. and other countries outside the European Union and/or the European Economic Area. IBM will ensure an adequate level of data protection by our Binding Corporate Rules.The raw research data and your personal information will be stored for internal research coordination and communication purposes for a maximum of 24 months and then will be either deleted or anonymized.Your Rights to Your Personal InformationYou have the right to request access to or rectification of your personal information. Additionally, you have the right to erasure or restriction of your personal data in case this data is no longer necessary in relation to the purpose it was collected for or in case you have withdrawn your consent as stated below. You also have the right to receive the personal data you have provided to IBM in a structured, commonly used machine-readable format or to request the transmission of this data by IBM to another controller.Furthermore, you have the right to lodge a complaint with your supervisory authority if you consider the processing of your personal data to infringe the applicable data protection laws. More information on our processing and your rights to your personal information can be found online at www.ibm.com/privacy.Feedback"Feedback" means all suggestions, ideas, concepts, improvements, and written materials you and other participants provide to IBM about Our Offering(s) in connection with the Feedback Event.By providing your Feedback to IBM, you agree that IBM may use that Feedback (in anonymized form) for any purpose without limitation and at no cost. IBM may or may have others: display, change, reproduce, disclose, distribute, make, lease, sell, import, send, and/or otherwise transfer such Feedback anywhere in the world unless prohibited by law.You agree not to provide any confidential information, intellectual property, or other information that you are not allowed to provide or that IBM is not allowed to use.Confidential InformationDuring the Feedback Event, We may share IBM confidential information ("Information") with you. We try to identify Information as "IBM Confidential" when it is disclosed, but whether or not it is marked or identified as confidential, Information may include, but is not limited to, the following: IBM's or its licensors' past, present, or future research, development or business activities, and the functionality, features, trends, ideas, concepts, know-how, techniques, directions, and strategies of IBM offerings. Information may also include details related to your access to the Feedback Event, such as passwords or other access codes, and details about Feedback Event activities, names and contact information of Feedback Event participants, and any Feedback from you or another participant. Information does not include information that is or becomes publicly available through no fault of you, or is developed independently by you, or is in your possession without an accompanying obligation of confidentiality.For five (5) years after disclosure, you will not disclose this Information to others. You will use the same, and at least a reasonable, degree of care to keep Information confidential as you use with similar information that you do not want disclosed. You will use Information only for the purposes of participating in the Feedback Event. You may disclose Information to the extent required by law, but you must first give IBM prompt notice to allow Us a reasonable opportunity to get a protective order.GeneralThis Agreement applies to a single Feedback Event, after which it automatically ends. Unless otherwise stated above, all information provided by either party to the other is provided on an "AS-IS" basis without warranty of any kind to the extent permitted by law. IBM may cancel or change its plans at any time without prior notice.Involvement in a Feedback Event does not prevent either party from conducting business as it sees fit. This includes developing offerings, entering business relationships, or assigning its employees. Neither party is obligated to compensate the other for participation in a Feedback Event.Neither this Agreement nor any disclosure of Information in connection with a Feedback Event grants you any right or license under any IBM copyright, patent, design right, mask work or trademark. If IBM provides access to hardware, software, or cloud service offerings, it will be under the terms of a separate agreement.Upon termination or expiry, you will return or destroy all Information in your possession and (upon request) confirm in writing to IBM that you have done so. Any terms of this Agreement which by their nature extend beyond its termination will remain in effect until fulfilled and apply to respective successors and assignees.The laws of the State of New York govern this Agreement without regard to conflict of law principles. You will comply with all applicable government export and import laws and regulations.Only a written agreement signed by both you and IBM can modify this Agreement. You may not assign, delegate, or otherwise transfer your rights, duties, or obligations under this Agreement without prior written consent of IBM. Any reliable reproduction of this Agreement is considered an original.Contact IBMContact details of IBM can be found at http://www.ibm.com/planetwide/.ConsentI agree that IBM may collect and process my personal data according to the purpose of the interviews in accordance with the terms stated above.I agree that IBM may use photography, screen capture, or video recording to capture my Feedback.I agree that IBM may use audio recording to capture my Feedback.I am aware that I can withdraw this consent at any time. Should you withdraw your consent, the recordings and all information relating to you will be deleted. We will retain your anonymized Feedback.Individual Feedback Agreement (July 2021).