Remote Inside Sales Representative (15+ Years)

BAIN & COMPANY, INC.

TERMS OF USE, CONSENT AND RELEASE

Bain & Company, Inc. and its affiliates[1] (“Bain”), on behalf of its client, is conducting market research involving a third party Website (as defined below). You agree to participate in the activities involved in the market research and are agreeing to participate willingly. You understand that you are able to decline participation in the market research if you wish to do so.

PART 1 – TERMS OF USE

The following are the terms of use (the “Terms of Use”) under which Bain allows you to use the Customer Research Interview Platform (“Website”). The Website was designed and operated by Corner3, Inc., under the name Strella (“Strella”)]. These Terms of Use will govern your use of the Website and you acknowledge and agree that you will abide by all of the following Terms of Use. By using the Website, you consent (i) to the recording by Bain and Strella of your image, voice, or both, as recorded in any video, photograph, or audio tape together with any content and/or material that you share with the Website (“Recording” or “Content”), and you hereby grant Bain the right to use, modify, edit, and reproduce such Recording and share the Recording with its client and (ii) to provide information about yourself, which may include personal data, in connection with this market research. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE WEBSITE. In particular, you agree to and acknowledge the following:

1)All intellectual property rights in the Recording are owned by Bain.

2)You agree that you will not use the Website for any purposes beyond the scope of the access granted in the Agreement. You agree that you will not at any time, directly or indirectly, and will not permit any other persons to: (i) copy, modify, translate, download, extract or create derivative works of the Website in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Website, in whole or in part; (iv) remove any proprietary notices from the Website; (iii) use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (vi) transmit any content or data to the Website that is unlawful or infringes any intellectual property rights; (vii) violate the terms of use of any third-party products incorporated into the Website or hosting the Website (“Third Party Products”); (viii) insert any malicious code, including viruses, malware or harmful data, into the Services; or (ix) circumvent or endanger the operation or security of the Website. You must notify Bain immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

3)You agree not to do any of the following while using the Website and Service: (a) post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; (vii) you do not have a right to transmit under any law or under contractual or fiduciary relationships (viii) that consists of links to other websites that contain Content not in compliance with this Agreement, (ix) contains software, software viruses, including Trojan horses, bots, worms or other harmful or destructive components or features designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, or (x) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (b) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (c) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (d) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Bain’s prior written consent; (e) use any device, software, or routine that interferes with the proper working of the Website; (f) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; (g) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (h) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; (i) take any action that may damage or falsify Strella’s rating; or (j) otherwise attempt to interfere with the proper working of the Website.

4)You agree to not use the Website: (i) in any way that violates any applicable national or international law or regulation; (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise; (iii) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation; (iv) to impersonate or attempt to impersonate Strella, an Strella employee, another user, or any other person or entity; (v) in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; or (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Strella, may harm or offend Strella or users of the Website or expose them to liability.

5)You agree not to use the service for/to (i) illegal purposes, (ii) commercial purposes, or (iii) to conduct unauthorized or unsolicited advertising; (iv) engage in conduct which in Bain's sole discretion restricts or inhibits any other User from using or enjoying the Service or poses a risk to the functionality of the Website and/or Service (v) violate any applicable local, provincial, state, national, or international law or any regulations having the force of law (vi) remove any copyright, trademark, or other proprietary rights notices contained in the Service (vii) harvest or collect email addresses or other information of other Users from the Service by electronic or other means for any unlawful purposes, or other purposes including sending unsolicited emails or other unsolicited communications; (viii) stalk or otherwise harass another Users (xi) register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity or (x) upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, social security numbers and credit card numbers or solicit personal data from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.

6)Disclaimers of all Warranties. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BAIN AND STRELLA EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE POSTING OF ANY MATERIAL OR INFORMATION ON THE WEB INTERFACE DOES NOT IMPLY ENDORSEMENT BY US OF THE SAME OR ANY ASSOCIATION WITH THEIR ORIGINATORS.

PART 2 – CONSENT AND RELEASE

1)You understand the nature of the activities involved in the Recording and are participating willingly. You further understand that you are able to decline participation in the interview/Recording or terminate your participation at any time if you wish to do so.

2)You waive any claims to compensation you may have in respect of Bain’s use of the Recording or any Content that you post on the Website.

3)At all times, you will not disclose to any person or company, any confidential matter about Bain, the interview or the Recording. "Confidential Information" means all information provided by Bain or its representatives to you in any manner, whether orally, visually or in tangible form (including, without limitation, documents, devices and computer readable media), and all copies thereof, relating to Bain’s or its clients’ management, operations, finances, and products or services, or proprietary information, other than information which may be known to you prior to disclosure to you by Bain and other than information which may at any time become available to the general public without fault on your part. Without Bain’s written consent, you will not disclose any such Confidential Information.

4)The Recording will be stored on the Bain network and Strella’s platform, and will be accessible by Bain’s offices worldwide.

5)Bain will collect, store and process your personal data in connection with this market research. Full details of how your personal data is collected, used, shared, transferred and retained, and of your rights in relation to it, are set out in the Privacy Notice in the Appendix below, which forms part of these terms. If you have any questions, or wish to exercise your rights, you can contact us at ***********@****.***.

6)You are at least 18 years of age.

7)YOU HEREBY RELEASE BAIN & COMPANY, INC., AND ANY OF ITS ASSOCIATED OR AFFILIATED COMPANIES, THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND CUSTOMERS, AND APPOINTED ADVERTISING AGENCIES, THEIR DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS OF EVERY KIND, WHETHER NOW EXISTING OR HEREINAFTER ARISING FROM MY PARTICIPATION IN ANY AND ALL ACTIVITIES SURROUNDING THE MARKET RESEARCH AND THE WEBSITE, INCLUDING WITHOUT LIMITATION INVASION/VIOLATION OF PRIVACY, OR DEFAMATION, ON ACCOUNT OF SUCH EDITING, REPRODUCTION, DISTRIBUTION, TRANSMISSION OR USE.

This consent form shall be governed by the laws of the State of New York in the United States, without regard to conflicts of law principles. This governing law clause does not limit or override any data protection or privacy rights you have under the laws applicable to you in your country of residence, which continue to apply to the Privacy Notice attached hereto.

APPENDIX

PRIVACY NOTICE

Recording of AI-powered market research interviews

This interview is being conducted by an AI platform on behalf of Bain & Company, Inc. and its affiliates (“Bain”), who is the data controller (or equivalent term under the privacy laws applicable to you) for the personal data collected during this interview. The interview will be recorded in both audio and video. During the interview, the AI will ask you a series of questions and may use your answers to ask relevant follow-up questions. We rely on your consent to record the interview and to process your personal data for the purposes described in this notice.

In connection with this interview, personal data that may be collected and/or processed in connection with this interview includes:

-information collected as part of the screening questionnaire you completed when applying to participate in the study as well as profile information shared by the recruiter/recruitment panel, such as your name, age, gender or household income;

-audio and/or video recording of the interview, including your voice and, if video is enabled, your image;

-a written transcript of your responses, automatically generated from the recording; and

-any other information you choose to share during the interview.

Please note that other data, such as technical data collected automatically by [Outset.AI] such as your IP address and device information, may also be collected. [Outset.AI] is the controller of such data, and the processing of that data is governed by the [Outset.AI]’s own privacy notice.

Your recording and the personal data described above will be used for the following purposes:

-to conduct and document the market research;

-to analyse your responses and those of other participants in order to identify themes, insights, and patterns relevant to the subject of the research;

-to verify the authenticity of your participation and protect against fraud and other unlawful activities; and

-to ensure the quality and integrity of the research findings.

Bain will not use your data for any purpose other than for conducting this market research and the purposes described in this notice and will never sell your data to any third parties.

Access to your recording and data will be limited to Bain, companies of the Bain group, and [vendor]. Your data may also be shared with Bain’s clients or others involved in the market research. Your data will not be shared with any other third party.

Your data may be accessed by Bain, companies of the Bain group, and [vendor] in other countries, including countries that do not offer the same protection to your personal data as the country in which you reside. Where your data is transferred outside your country of residence, appropriate safeguards are in place to protect it, such as standard contractual clauses or equivalent mechanisms required by applicable law.

Your data will be stored securely on [vendor] servers as well as on Bain’s third party servers in the USA. Bain and [vendor] maintain appropriate technical and organizational measures to protect your data against loss, misuse, unauthorized access, disclosure, alteration or destruction. Authorized personnel of personnel and of the third parties mentioned above will only have access to your personal data to the extent they need it to do their job or provide their services.

Your data will be permanently deleted at the latest within 180 days of your participation (unless Bain has a legal obligation to retain your information for a longer period). Anonymized transcripts may be retained for a longer period.

You may at any time decide that you no longer wish for the survey sponsor to use your personal data in this way by contacting us at ***********@****.***. Depending on where you are located, you may also have the right to access, correct, or request deletion of your personal data, and to raise a concern with your local data protection or privacy authority. To exercise any of these rights, or to find out more about how your data is being used, please review our Privacy Notice at www.bain.com/privacy or contact us at ***********@****.***.

Your participation is entirely voluntary. You may stop the recording at any time and decline to answer any question. By agreeing to these Terms, you confirm that you have read and understand this Privacy Notice and that you consent to your interview being recorded and your personal data being processed for the purposes and in the manner described above.

[1] A list of Bain offices can be found at www.bain.com

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