Promotional Interview Terms and Conditions

Version 1.0, effective as of April 1st, 2021

1. These Promotional Interview Terms and Conditions (referred to as the "Promotional Interview Terms") together with the General Research Terms and Conditions available here ("General Terms") set forth the terms of an agreement by which You (the "Participant") and JetBrains s.r.o., with registered office at Na hřebenech II 1718/8, 140 00 Prague, Czech Republic ("JetBrains"), may participate from time to time in any JetBrains product-related interviews and related activities as specified by JetBrains ("Interview"). You must be at least 18 years of age in order to become a Participant. JetBrains reserves the right to change these Interview Terms at any time without notice.
2. The agreement is concluded for the term of 10 years upon acceptance of these Promotional Interview Terms ("Agreement") and govern the Participant's engagement in an Interview and further use of the feedback provided together with the General Terms. In the event these General Terms conflict with the Promotional Interview Terms, the Promotional Interview Terms will take precedence. If you do not agree to be bound by the Promotional Interview Terms or the General Terms and no Reward, as defined in the General Terms, was stipulated for the Interview and further use of the feedback provided, you may terminate the Agreement entered into with JetBrains at any time by sending an email to legal@jetbrains.com.
3. Interview refers to the gathering of feedback from the Participant relating to JetBrains and its competitors' products and services, which may consist of performing one or several interviews. The Interview(s) may help JetBrains to generate ideas concerning the enhancement of the end-user experience, which may ultimately benefit a wider JetBrains customer base. Such Interviews shall be conducted either by means of the telephone, in person by representatives of JetBrains, or through an online interface. In case the Interview is conducted in person, JetBrains representatives and the Participant shall mutually agree on a time and place where the Interview will take place.
4. Any feedback from the Interview or recording of the Interview, whether in written form, in the form or audio recording, in the form of audio-visual recording or in any other form, will be used and issued publicly by JetBrains for promotional purposes, i.e. to create references about JetBrains’ products and services and use them as advertisements, in social media, on websites, in broadcasts or by any other media whether now known or developed in the future. Any feedback provided by the Participant has to be wholly original and may not infringe the copyright or any other rights of any third party. Any feedback provided by the Participant may not contain any defamatory matter nor breach any contact or law nor breach any duty of confidentiality, infringe any copyright or data protection rights, nor constitute obscenity. The Participant may not publish any statement about the JetBrains’ products or services that would be contrary to the feedback provided or that would discredit the feedback provided. The Participant will indemnify JetBrains against all liabilities, costs, expenses, damages and losses suffered by JetBrains arising out of or in connection with any actual or threated breach or non-performance by the Participant of any of the warranties, representations, undertakings or obligations in these Promotional Interview Terms.
5. The Participant acknowledges that JetBrains needs to gather and process the following personal data from them in order for the Participant to take part in any Interview: first name, surname, email address, picture, nationality, employer or related company, work title, any feedback provided, scope of use of JetBrains’ products and services and video recording of you and your voice. Your personal data will be processed for the purposes of carrying out the Interview, the assessment of the Interview and sending of informative messages by JetBrains concerning the Interview and the assessment interviews performed by JetBrains. Further, your personal data will be processed for the promotional purposes described above, either based on your consent to data processing (in case no Reward was stipulated) or based on performance of the contract (in case a Reward was stipulated), for internal evidence and protection of JetBrains and to fulfil JetBrains’ legal duties. Additional information about data processing and your rights is included in the JetBrains Privacy Notice available here. Upon acceptance of the Promotional Interview Terms, a confirmation email will be dispatched to the email address of the Participant with relevant information and link to these Promotional Interview Terms. In case no Reward was stipulated for the Interview and further use of the feedback provided, the Participant can terminate this Agreement at any time by sending an email notice to legal@jetbrains.com containing a request to terminate this Agreement.
6. The Participant understands that JetBrains may share the Participant's personal data identified in clause 4 above or any feedback that the Participant has provided to JetBrains, with its Affiliates outside of the EU solely for the purposes of carrying out the Interview. For the purposes of this Agreement, Affiliates are companies controlled by, controlling, or under common control with JetBrains. All of the JetBrains Affiliates adhere to the Privacy Notice and applicable laws. Further, the feedback and other personal data provided by the Participant will be issued publicly and shared with third parties.
7. The Participant hereby grants consent to JetBrains in accordance with §77, §84 and §85 of the Act no. 89/2012 Coll., Civil code of the Czech Republic, and any other applicable laws, by accepting these Promotional Interview Terms to use any materials and feedback provided by the Participant and create image of their likeness, video, and/or audio record concerning the Participant, or its expressions of a personal nature, either in their original, modified, dubbed or translated form (jointly referred to as the "Reference"). Such Reference will be used only for the purposes defined in clauses 3 to 6 above. In case no Reward was stipulated, then the Participant shall not request any fees and remuneration for such Reference and use of it, and expressly relinquishes any such fees and remuneration. In case the Reward was stipulated, then the Participant shall not request and relinquishes any such fees and remuneration exceeding this Reward.
8. The Participant hereby agrees that JetBrains shall have absolute right, title, and interest over the Reference or any other intellectual property created under these Promotional Interview Terms concerning the Participant, including the copyright and all other rights (including all performers’ rights). To the extent that any of these rights do not vest in JetBrains automatically, then the Participant hereby assigns to JetBrains such rights, and to the extent that such assignment is not permitted by the applicable law, then, to the fullest extent permitted by the applicable law, the Participant grants to JetBrains a non-limited, perpetual or valid for the maximum duration of economical rights where applicable), irrevocable and non-terminable, exclusive, worldwide, freely transferable, with right to grant sub-licenses and royalty-free license to use the Reference according to these Promotional Interview Terms and to exercise those rights, both in the fullest possible extent; JetBrains is not obliged to use the license. JetBrains may continue to use the Reference after the termination of the Agreement. The Participant shall at no point of time make any claim in relation to any intellectual property right(s) derived out of the Promotional Interview Terms or the Agreement.
9. To the extent permitted under the applicable law, the Participant waives all (present and future) moral rights and all equivalent or similar rights that may arise under the applicable law and in any other jurisdictions relating to any copyright works and performances which form part of the Reference (now or in the future). To the extent where waiver of these rights is not allowed by the applicable law, the Participant grants JetBrains consent to use of the Reference according to these Promotional Interview Terms to the fullest extent possible.
10. This Agreement is governed by the laws of the Czech Republic. All disputes arising from this Agreement will be resolved by the applicable courts of Prague, Czech Republic.
11. The relationship between JetBrains and the Participant is independent in nature, and the Participant shall not claim to be a partner, employee, agent, or joint venture partner of or with JetBrains, nor claim any benefits available to the personnel of JetBrains under / before any law or forum.
12. If any part of the Promotional Interview Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed to be superseded by the valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Promotional Interview Terms shall continue in effect. Unless otherwise specified herein, these Promotional Interview Terms, together with the General Terms, constitute the entire agreement between the Participant and JetBrains and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Participant and JetBrains with respect to the Interview. Our failure to act with respect to a breach by the Participant or others does not waive our right to act with respect to subsequent or similar breaches.