EMPLOYEE VIDEO TESTIMONIAL CONSENT AND RELEASE
I hereby consent to, authorize and permit Foundation Medicine, Inc. (“FMI Inc.”) and its affiliates (including Foundation Medicine GmbH, “FMI GmbH”) and their respective employees, representatives and authorized agents (collectively, “FMI”) to use, copyright and/or publish, reproduce, broadcast, display, share, copy, edit, modify, create derivative works from, disclose, release and/or distribute in any manner and in any media, (each a “Use”, and collectively, the “Uses”) any video or audio-visual recording, or other reproduction of my name, voice, image, likeness, biographical information, or other identifying materials in connection with creating employee testimonials (collectively, “Recordings”) (i) on FMI’s internal- and external-facing websites (i.e., FMI’s main career site webpage and its subpages, FMI’s career blog webpage and FMI’s job descriptions webpage); (ii) in email communications sent by FMI to potential job candidates who have opted in to receive communications from FMI; and (iii) on other communication channels, including FMI’s social media accounts (i.e., LinkedIn , Twitter, and Instagram) (collectively, the “Sites”), for the purpose of providing prospective candidates with insights and employee perspectives on working at FMI in connection with FMI’s efforts to publicize and promote FMI as an employer and to support FMI’s employment opportunities and talent recruitment activities, within and outside of the United States and the European Union (the “Purpose”).
I understand and agree that FMI will be the owner of all rights in and to the Recordings and has the right to license the Recordings, in whole or in part, to others for use in any manner that FMI reasonably determines is consistent with the Purpose. I hereby waive (i) any right to review and/or approve the Recordings or any Uses thereof by FMI, now or in the future whether that Use is known to me or unknown; and (ii) any right to royalties or other compensation arising from or related to any Use of the Recordings.
1. Specific provisions applicable to US employees
I hereby hold harmless and release FMI and those acting under FMI’s permission and authority from any claims for damages of any kind in connection herewith. Any personal data that I provide in connection with creating an employee testimonial (e.g., name, email address, job title, department) can be shared by FMI in connection with its Use of the Recordings. Any use of my personal data will take place in compliance with the relevant and applicable data privacy laws and FMI’s Code of Conduct. California residents are entitled to request a summary of their personal information, which may include the including their testimonial that FMI has collected, and obtain certain information regarding FMI’s use and disclosure, if any, of categories of personal information to third parties. FMI does not share or sell personal information to third parties for their own direct marketing purposes. A request may be made by contacting firstname.lastname@example.org or calling +1 (888) 988-3639.
I understand that I may revoke my consent at any time by providing written notice to FMI by sending an email to email@example.com or mailing such notice to Foundation Medicine, Inc., Attn: Legal Department, 150 Second Street, Cambridge Massachusetts 02141 (“Withdrawal Notice”). I acknowledge that any Use of the Recordings or other disclosure that is made in accordance with the terms of this consent and which takes place before the date on which FMI receives my Withdrawal Notice will not be affected or withdrawn, and any materials previously printed, placed on an FMI website or otherwise produced and/or published will not be taken down or destroyed.
2. Specific provisions applicable to German employees
In connection with the content in the Recordings, I affirm, that I undertake not to violate any applicable statutory provisions and third-party rights (e.g., copyright, trademark or personal rights). Any use of my personal data will take place in compliance with the GDPR, the German Federal Data Protection Act and the Data Protection Notice as attached hereto.
I consent to the use and publication of the Recordings by FMI on the Sites and for the Purposes specified above. Insofar as the Recordings give any indication of my ethnic origin, religion or health (e.g., skin colour, headscarf, glasses), my consent also relates to this information. I understand that I am not obligated in any way to sign this consent, and that I am signing it voluntarily. I understand that I may withdraw my consent at any time towards FMI Inc. by sending an email to firstname.lastname@example.org and towards FMI GmbH by sending an email to email@example.com. The withdrawal of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the withdrawal. If I withdraw my consent, my Recordings will be removed from internal and external websites or the image of me in the Recordings will be made unrecognisable.
I acknowledge that FMI cannot prevent external third parties from copying the Recordings available on the Sites and cannot ensure that the Recordings will be removed from any third-party sites. I acknowledge and agree that any materials previously printed and published will not be taken down or destroyed.
Data Protection Notice
German Employee Video Testimonial
1. Who is responsible for processing my personal data and how can I contact the data controller?
FMI GmbH and FMI Inc. (together: “FMI” or “we”) are the responsible controllers for the processing of your personal data. You can contact FMI and their respective data protection officers at any time using the following contact details:
Foundation Medicine GmbH, Nonnenwald 2, Gebäude 433, 82377 Penzberg, Germany
Telephone: + 49 8856 9053700
Data Protection Officer: firstname.lastname@example.org
Foundation Medicine, Inc., 150 Second Street, Cambridge, Massachusetts 02141, USA
Telephone: +1(617) 418-2200
Data Protection Officer: email@example.com
2. For what purposes and on what legal basis will my data be processed?
FMI wants to publish the Recordings on FMI’s internal and external websites and via emails and other communication channels, including blogs and social media accounts (collectively the “Sites”) to promote FMI and support FMI’s employment opportunities and talent recruitment activities. Insofar as you are depicted in the Recordings, this is your personal data. The legal basis for the use of this data is your consent according to Art. 6 (1) lit. a GDPR.
3. Is there an obligation to provide my data?
You are under no legal, contractual or other obligation to provide the Recordings or to give the above consent.
4. How long will my data be stored?
The Recordings will generally be stored for the duration of publication on the Sites and then deleted, unless in individual cases a deletion is contrary to legal retention obligations or a longer storage is necessary for the fulfilment of other legal obligations or for the protection of legitimate interests of FMI (assertion, exercise or defence of legal claims).
5. With whom will my data be shared?
The Recordings, once posted on our group-wide intranet, may be viewed by employees of FMI and other companies affiliated with FMI. In addition, FMI GmbH may share your personal data with FMI Inc. for the purpose of publication on the Sites. Further we may disclose the Recordings to external service providers who provide to us IT and other technical support services who process the data on our behalf and in accordance with our instructions. In particular, we use Vouch For PTY Ltd , Inc. as a service provider to support us in creating the Recordings. Vouch For Pty Ltd, FMI Inc. and some of its affiliated companies as well as some other service providers we use may process your data in countries outside the EU/EEA that do not have a comparable level of data protection to the EU/EEA ("Third Countries"). If FMI GmbH transfers your data to recipients in Third Countries, we ensure that your data is adequately protected in accordance with the legal requirements (e.g., by concluding EU standard contractual clauses with the respective recipients). If you would like more information about the recipients, the Third Countries concerned and the safeguards we implement and/or to obtain a copy of those safeguards, you can contact us at any time using the contact information set out in section 1 above.
6. What rights do I have and how can I exercise them?
In accordance with the legal provisions, you have the right to access, correction, deletion, restriction of processing and data portability. In addition, you have the right to object to the processing of your data in accordance with the statutory provisions (right of objection). A decision-making process based exclusively on the automated processing of personal data does not take place. To exercise your rights, you can contact us at any time using the contact details listed under section 1 above. In addition, you have the right to lodge a complaint with a data protection supervisory authority at any time, without prejudice to other legal remedies.