Non Disclosure Agreement

RESEARCH PARTICIPATION AGREEMENT This Research Participation Agreement (“Agreement”) is between the applicable WhatsApp Entity (as defined below) and its affiliates (collectively “WhatsApp”, “us”, “our”) and the undersigned person or, in the case of a minor participant, the undersigned person and their parent or legal guardian (“Participant”, “you”, “your”). “WhatsApp Entity” means (a) WhatsApp LLC if you are a resident of a region outside of the European Economic Area (“EEA”), and (b) WhatsApp Ireland Limited if you are a resident of a state in the EEA. “Meta Entity” means (a) Meta Platforms Inc. if you are a resident of a region outside of the EEA, and (b) Meta Platforms Ireland Ltd. if you are a resident of a state in the EEA. Participation in the research project(s) described by WhatsApp to you (“Research”) is governed by this Agreement, as is WhatsApp’s collection, use, and other processing of the information in relation to the Research. Please take time to read the Privacy Notice set out in Exhibit A of this Agreement. For good and valuable consideration, the receipt of which you hereby acknowledge, you and WhatsApp agree to the following terms and conditions: 1. Overview. WhatsApp carries out a variety of research programs and focus groups in order to gain insights into how users engage with WhatsApp’s and/or Meta’s released, prototype or experimental hardware (“Hardware”), software (including modifications, enhancements, updates, and documentation) that may or may not be used with the Hardware (“Software”), and/or any related materials or services (collectively, with Hardware and Software, referred to herein as “Product(s)”). We also conduct and support research and innovation on topics of general social welfare, technological advancement, public interest, health, and wellbeing. WhatsApp’s collection, use, and other processing of your Research Data (as defined in Section 2 below) in relation to the Research is detailed in the Privacy Notice set out in Exhibit A of this Agreement (“Privacy Notice”). WhatsApp may engage a third-party company to conduct the Research on our behalf (“Research Administrator”). 2. Information collected in connection with the Research. In connection with your participation in the Research, WhatsApp and/or a Research Administrator may collect your information, including your name, age, gender, address, email address, phone number, and other personal background (“Participant Data”). WhatsApp may collect your ideas, comments, opinions, responses to questions, and any other feedback you provide (“Response Data”). WhatsApp may also record you in any format during the Research, including recording your use of our Products, measurements, answers, communications, and voice through any means, including without limitation, audio, video, photography, and screen captures (“Recordings”). Participant Data, Response Data, and Recordings collectively constitute “Research Data.” In this regard, by participating in the Research, you freely accept the use of your image (i.e., video or photos) and voice recording as indicated above by WhatsApp for research purposes and understand it is necessary for conducting the Research. Please carefully review the attached Privacy Notice for further information about WhatsApp’s processing of Research Data in relation to the Research. 3. Merged Data. Your information that is separately processed by WhatsApp under the applicable WhatsApp privacy policy (“Privacy Policy”) or where applicable, by Meta under the applicable Meta data policy (“Data Policy”) may be linked with Research Data (together, the “Merged Data”) to assist with the Research. For example, as part of you
Research, you may need to connect one or more WhatsApp or Meta Products with your personal account(s), to enable testing of product features and functionality. Merged Data will be used in accordance with the terms of this agreement, including the Privacy Notice attached to this Agreement. Any processing of Research Data or Merged Data for the purposes of the Research will not affect your existing use of the WhatsApp or Meta Products, which will remain subject to the applicable privacy policy or data policy for each product. 4. Ownership of Participant Data and Recordings. WhatsApp acknowledges and agrees that Participant owns all right, title, and interest in and to Participant Data and Recordings on and from their creation. If and to the extent any right, title, and interest in and to Participant Data or Recordings do not automatically vest in Participant, WhatsApp assigns and transfers all such right, title, and interest in and to Participant Data or Recordings to Participant. Participant hereby grants WhatsApp a perpetual, worldwide, irrevocable, transferable, non-exclusive, sublicensable royalty-free license to use, modify, distribute, reproduce, create derivative works from, and perform/display such Participant Data and Recordings for internal research purposes. Research Data may incorporate your information and you acknowledge that this information may be used, retained, and stored by WhatsApp in accordance with the Privacy Notice. In the event that you withdraw your consent to the processing of your information, WhatsApp will remove identifiable information from the Research Data. 5. Ownership of Response Data: WhatsApp owns all right, title and interest in Response Data. To the extent that ownership of Response Data vests in Participant and not WhatsApp, Participant hereby grants WhatsApp a worldwide, transferable, sub-licensable, royalty-free, non-exclusive, perpetual and irrevocable license to use, modify, distribute, reproduce, create derivative works from, perform/display, and market Response Data for any purpose, including, but not limited to incorporation or implementation of such Response Data into a WhatsApp or Meta technology, program, service or product. Should you disclose to WhatsApp any unsolicited inventions or ideas, including but not limited to, technology, products, systems and services, WhatsApp may use and build upon such information without restriction and on a royalty-free basis. You unconditionally and irrevocably waive, in respect of the Response Data, all moral rights which you may now or at any future time be entitled under applicable laws. 6. Payment. As payment for full participation in the Research, WhatsApp will cause Participant to be paid _______________________________________________ (amount & currency) (“Participation Fee”). The Participation Fee is to compensate you for the value of your Response Data, your time, and any expenses you incur in participating. You warrant that you are receiving the Participation Fee to compensate you for the time and effort spent participating in Research, and for no other purpose, and accepting the Participation Fee is in compliance with all applicable laws. 7. Voluntary participation; Termination. You understand that participation in the Research is entirely voluntary and that you may at any time choose to stop participating in, or decline to participate in, any portion of the Research by using the contact information provided in the Privacy Notice. WhatsApp, or its Research Administrator, may terminate your participation in the Research at any time whether during a Research project or at the end of a Research project, irrespective of whether you have been engaged on a one-off or an on-going basis. If you withdraw your participation, or if your participation is terminated, any Research Data obtained prior to su
may be used in accordance with this Agreement and Sections 4-5, 9, and 11-13 will survive such termination. 8. Conditions for participation in Research. By signing this Agreement and participating in Research, you agree to: (i) comply with the terms of this Agreement, as well as any of our other terms and policies that may apply; (ii) provide true, correct, and complete information about yourself; and (iii) ensure that you engage in the Research in an honest, transparent, and good faith manner. To the extent this Agreement conflicts with other applicable terms, this Agreement will govern with respect to your participation in this Research. If you are not an Employee of WhatsApp, you acknowledge that nothing in this Agreement shall be construed as creating an employment, agency, partnership, or similar relationship with WhatsApp. This Agreement does not give you the authority to obligate or bind WhatsApp, or to incur any liability on behalf of WhatsApp. You warrant that you are not organized or resident in a country or territory that is subject to U.S., EU, or United Nations comprehensive trade sanctions (e.g., Crimea, Cuba, North Korea, Iran, and Syria, as such list may be amended). You further warrant that you are not the target of any trade sanctions administered or enforced by the U.S. Government, the EU, the United Nations, or other applicable Governmental Authority and are not acting on behalf of any target of trade sanctions. 9. Use and disclosure of Confidential Information. “Confidential Information” means all information disclosed by or relating to WhatsApp or Meta that you receive, have access to, or are exposed to, directly or indirectly, in connection with the Research. Confidential Information does not include any information that (i) becomes publicly available without breach of this Agreement, (ii) is previously known to you, or (iii) is received from a third party who did not wrongfully acquire or disclose such information. You may use Confidential Information only as necessary to perform your obligations under this Agreement. You will maintain Confidential Information in strict confidence and will not disclose Confidential Information to any third party without WhatsApp’s prior written consent. WhatsApp does not grant to you any ownership or license rights in Confidential Information. Upon WhatsApp’s request, you will promptly destroy all tangible materials embodying Confidential Information in your possession. 10. WhatsApp and Meta-Provided Products. During the Research, WhatsApp may discuss Product(s). Your potential access to, or understanding of the Product(s), and all materials pertaining to the Product(s), are provided only for your use in participating in the Research. You agree to return any WhatsApp and Meta-provided Product(s) and/or remove (including allowing WhatsApp to remove) access to any WhatsApp-provided WhatsApp and Meta Software and all related data from your Hardware as instructed by WhatsApp upon the completion of the Research. 11. Acknowledgment of Risks; Release. You understand that there may be known and unknown risks involved with your participation in the Research, and those risks could include property damage, personal injury, or illness. With this understanding, you agree to follow all safety procedures, guidelines and suggestions provided by WhatsApp. Should you experience any injury, discomfort, or adverse effect that you feel relates to your participation in the Research, you will immediately (i) cease your participation in the Research; and (ii) provide prompt notification to WhatsApp or the Research Administrator. To the fullest extent permitted by applicable law, you hereby release and discharge WhatsApp and Meta from any and all claims, demands, actions, and causes of action, of any kind or character, as well as the costs and expenses thereof, including lawyers’ fees, arising out of or in connection with your
participation in the Research and/or the use of the Research Data as set forth in this Agreement, including claims for defamation and infringement of an intellectual property right. 12. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER UNDER THE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY FOR: (A) ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) ANY AMOUNTS IN EXCESS OF FIVE HUNDRED U.S. DOLLARS ($500) OR THE EQUIVALENT IN THE LOCAL CURRENCY. 13. Miscellaneous. If you are a consumer and habitually reside in the United Kingdom or a Member State of the European Union, the law of Ireland will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to this Agreement ("Claim"), and you may resolve your Claim in the Courts of Ireland. In all other cases, you agree that the Claim must be resolved in a competent court in San Mateo county, California and that the substantive laws of the State of California in the United States of America (excluding conflict of laws rules) will govern this Agreement and any Claim, without regard to conflict of law provision. This Agreement constitutes the parties’ entire agreement on the subject matter hereof, and supersedes all prior understandings, agreements, and discussions. It may only be modified in writing signed by both parties. If any provision(s) of this Agreement (or part of any provision) are held unenforceable, this Agreement will continue in full force and effect without that provision or part-provision and the parties will negotiate in good faith to amend this Agreement to reflect the original intent of the parties. All of our rights and obligations under this Agreement are freely assignable by us. This Agreement may be executed in counterparts including fax, PDF and other electronic copies. All executed counterparts constitute one documen
ACCEPTED AND AGREED TO: I have read and understand this Agreement, including its disclosure of WhatsApp’s collection, use, and sharing of my information. I agree to participate in the Research in accordance with this Agreement. Participant’s Name: Participant’s Signature: Date: Email: Complete the following if the above Participant is a minor: I represent that I am the parent or legal guardian of the above minor Participant, and I consent to them entering into this Agreement and agree to have them bound by its terms. I understand that I can withdraw this consent at any time by using the contact information provided in the Privacy Notice and that I can refuse at any time to permit the further use or maintenance of any information collected from the above minor Participant. I understand that I may request to review the Personal Information collected from the above minor Participant at any time. Parent/Legal Guardian Name: _________ Parent/Legal Guardian Signature: __ Dat
PRIVACY CONSENT: Consent to Process Research Data I confirm that I have read, understand, and consent to the collection, use, sharing, and other processing of Research Data as described in Section 2 above and in the Privacy Notice and acknowledge that this may include data with special protections under applicable law, including the categories of data identified in the Privacy Notice. I understand that I can withdraw this consent at any time by using the contact information provided in the Privacy Notice. Participant’s Name: Participant’s Signature: Date: (if applicable) Parent/Legal Guardian Signature: Consent to Process Merged Data I confirm that I have read, understand, and consent to the collection, use, sharing, and other processing of Merged Data as described in Section 3 above and in the Privacy Notice and acknowledge that this may include data with special protections under applicable law, including the categories of data identified in the Privacy Notice. I understand that I can withdraw this consent at an
e for Research Participants This Privacy Notice for Research Participants (“Privacy Notice”) explains how we collect, use, and share information of participants (and in the case of a minor participant, the minor participant and the minor’s parent (collectively, “you”)), for the purpose of this Research. 1. What kinds of information do we collect. The information that we collect pertains to Research Data and Merged Data as described in Sections 2 and 3 of the Agreement. This information may fall into the following categories: • Identifiers, including unique identifiers (e.g., your name), and device IDs; • Data that may have special protections under the laws of your country, if you choose to provide it, including: o data revealing racial or ethnic origin, o data revealing political opinions, o data revealing religious or philosophical beliefs/organization membership, o data revealing trade-union membership, o data revealing health, sex life, or sexual orientation, o citizenship or citizenship status, o location-related information, including precise device location if you choose to allow us to collect it, o financial information, including information allowing access to an account, if you choose to provide it, o electronic messages exchanged between you and others, or o biometric information, like photos and face imagery, processed to uniquely identify a person; • Commercial Information, if you choose to provide it; • Internet or other electronic network activity information, including content you view or engage with; • Audio or visual Information, including photos and videos, if you choose to provide it; • Professional or employment information, if you choose to provide it; • Education information, if you choose to provide it; and • Information derived from other information about you, which could include your preferences, interests, and other information used to personalize your experience. 2. How do we use this information. WhatsApp uses your information for research and innovation purposes, such as testing and troubleshooting for product development, general social welfare, technological advancement, public interest, health, and well-being. If applicable, WhatsApp may also use your information for payment verification purposes. 3. How is this information shared. WhatsApp shares information, including Research Data and Merged Data, with its affiliates, and our service providers. We don’t sell any of your information to anyone. Your information may be transferred outside the country where it is located. While your information is outside of your country of residence, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. Information controlled by WhatsApp Ireland Limited will be transferred or transmitted to, or stored and processed in, the United States or other countries outside of where you live for the purposes as described in this Privacy Notice. We utilize standard contractual clauses approved by the European Commission and rely on the European Commission
adequacy decisions about certain countries, as applicable, for data transfers from the EEA to the United States and other countries. Personal information collected for research purposes may be made publicly available. 4. Consent. As described in the applicable Research Participation Agreement with you, participation in any Research is entirely voluntary. You are under no obligation to participate in the Research. However, if you choose to participate, the processing of your information is a fundamental part of the Research. WhatsApp collects, uses and discloses your information, which you provide as part of the Research, with your consent. WhatsApp collects, uses and discloses any information with special protections, which you provide as part of the Research, with your explicit consent. You have a right to withdraw your consent to the processing of your information (or, in the case of a minor participant, to your child’s information) and to cease your or your child’s participation, as applicable, at any time by using the contact information set out below. 5. How long do we retain information. WhatsApp will retain your information that we collect during this Research for the duration of the Research and for such time thereafter as required to conduct analyses, respond to peer review or otherwise verify the Research, and in order to comply with our legal and regulatory obligations. 6. Your Legal Rights. You have certain legal rights depending on the jurisdiction in which you are located, including the right to: • Refuse to provide consent to our processing of your information; • Withdraw your consent to our processing of your information, at which point your information will be erased or anonymized under applicable laws; • Request that we disclose to you the information we collect, use, or disclose, and information about our data practices; • Request that we erase or anonymize information we have collected about you; • Request that we rectify any inaccurate information concerning you; • Receive information that you have provided to us in a structured, commonly used and machine readable format; • Lodge a complaint with the applicable privacy supervisory authority in your country of residence. If you are an EU/EEA resident your applicable supervisory authority is the Irish Data Protection Commission. We will not discriminate against you for exercising any of these rights. If you would like to exercise rights available to you under applicable law, please contact us via the contact information provided below. 7. Contact. If you have any questions or concerns about this privacy notice or wish to exercise rights available to you under ap
ATTN: Privacy Operations 1601 Willow Road Menlo Park, CA 94025 If you are a resident of a state in the EEA, the data controller responsible for your personal information is WhatsApp Ireland Limited: WhatsApp Ireland Ltd. 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland You can also contact WhatsApp Ireland Limited’s DPO by filling out the contact form available at https://www.whatsapp.com/legal/privacy-policy-eea#:~:text=can%20be%20contac
By completing this form, you agree to all of the above and will be compensated $100 for your full participation in this study.


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