MICROSOFT CORPORATION Data
Collection Participation Form

This Data Collection Participation Form (the “ ” )

is between you and Microsoft Corporation (“ ” ) and

governs your participation in the Microsoft’s data collection

participation program described in Section 2 (“ ” ), which

may consist of one or more projects and sessions. The parties

agree to the following :

1.1 General. Your participation in the Program is entirely

voluntary and you understand that you have no obligation to

participate in the Program, and you may stop your participation at

any time for any reason. Your participation in the Program may

also be terminated by Microsoft at any time. If you cease

participating in the Program, any User Data, defined below,

obtained prior to such cessation or termination may be used

Participation Form

Microsoft

Program

1. Voluntary Participation

according to this Participation Form.

1.2 Microsoft Employees. Microsoft does not urge, influence, or

encourage anyone who is employed with Microsoft to participate

in the Program. The duties and responsibilities of your position do

not require or otherwise include your participation in the

Program. You will not receive any more or less favorable

treatment with respect to your employment as a result of your

participation in the Program, your decision to stop participating in

the Program, or your decision not to participate in the Program.

You understand that no compensation or benefits will be

provided to you in exchange for your participation in the Program

in addition to those provided as part of your regular employment

with Microsoft .

2.1 Program Activities : Record various video clips of you in

different lighting environments and by wearing different

face/head accessories as instructed by the third -party vendor

2. Program Details

using the provided Android mobile application . The recordings

can be done within your place of residence. The mobile

application will record a video containing your face, and the video

file will also include operational metadata collected during the

recording, which will be Extracted Data under the Participation

Form. No information will be transmitted directly to Microsoft

from the mobile application , and all collected information will

reside within the mobile device as generated files that you can

provide to the third -party vendor after reviewing the contents

within them.

2.2 Program Period: December 1, 2022 to December 31, 2022

(inclusive).

2.3 Program Compensation: You will be compensated for your

participation in this data collection program by the third -party

vendor collecting your data.

2.4 Program Supplies: This data collection will be restricted to

Android devices only. Links to Android applications will be

provided. An access code provided by the third -party vendor

must be used to enable the application . The application usage

should be restricted for this data collection program only.

In connection with your participation in this Program, Microsoft

may collect data and information as follows :

Data collected by observing and recording you through any

means including audio, video, photography, screen

capture, transcripts or any other forms of capture of your

environment or your likeness, which recording may include

your image and any headwear or eyewear; voice; height;

weight ; skin tone, eye color, hair length, facial hair and

other features of body parts, including feet, retina , iris,

hand, or face (collectively “ ” );

•

Data collected from analyzing Recordings to extract

additional data such as voiceprints , fingerprints , and

estimates of locations of and distances between estimated

areas on parts of your body such as your head, face and

hands, (collectively , “ ” );

•

3. Information Obtained

Recordings

Data provided by you which may include your name,

address, email address, phone number, gender, race,

ancestry, sex at birth and self-identification , age,

household income, education level, country of origin,

native language, and other demographic details , any

Microsoft account identifiers , as well as your opinions,

responses to questions and any other information or

material (collectively “ ”, and together with

Recordings and Extracted Data, the “ ” ).

•

Certain Extracted Data may be considered “ biometric

information ” or a “ biometric identifier ” or “personal data” or

“personal information ” under other laws (where applicable ). You

grant Microsoft your permission to collect , transfer and store your

User Data in the United States and in other countries where

Microsoft conducts business, by any means and in any format and

media.

Extracted Data

Provided Data

User Data

We or any Microsoft Party, defined below, may use this User Data

for (a) conducting the Program and undertaking related research

and analysis, which may involve editing , translating , labelling ,

modifying , anonymizing or aggregating User Data; (b) the

development , creation , improvement , testing , operation ,

providing or advertising of current and future Microsoft products

and services, such as AI technologies involving people and body

movement analysis, that are not used to recognize a specific

person; (c) identifying or recognizing you in connection with the

Program for the development , creation , improvement , testing ,

operation , providing or advertising of current and future Microsoft

products and services that are used to recognize a specific

person, such as AI technologies that compare faces to determine

if they are similar or belong to the same person or AI

technologies that can recognize a particular person ; (d)

authoring reports and papers and creating presentations

regarding Microsoft’s research and product development

activities ; and (e) performing other business obligations related

to the Program, such as fulfilling any compliance obligations .

4. Use of Information

Subject to your privacy rights under applicable law, you agree

that Microsoft solely owns all right , title and interest in and to

Feedback (defined below), and the User Data, including all

intellectual property rights therein , and you hereby assign to

Microsoft all rights, title and interest , including all intellectual

property rights you may own or possess in and to the User Data

and Feedback, and, to the extent permitted under permissible

law, you waive any non-assignable rights you may have therein in

favor of Microsoft . To the extent you retain any right , title , or

interest in User Data or Feedback, you hereby grant Microsoft a

perpetual , worldwide , transferable , sublicensable, royalty-free

right and license to use, reproduce, perform , display, distribute ,

modify or otherwise create and use derivative works from, and

disclose User Data or Feedback, subject to any underlying privacy

rights you may have in the same. You further waive any right to

approve the User Data or any future use of User Data, any right of

publicity in the User Data, and any right to enjoin or otherwise

impair Microsoft’s use of the User Data, including (to the

maximum extent permitted by applicable law) any moral rights in

the User Data. Any feedback, ideas, suggestions, opinions,

5. Ownership of User Data & Feedback

comments or documents that you provide to Microsoft

concerning the products and services presented to you during or

in any manner related to the Program is “ ”. Feedback is

entirely voluntary. You understand that your participation in the

Program does not constitute a performance of work or a similar

artistic activity protected under copyright , and, therefore , you are

not considered an artist or talent for purpose of any applicable

copyright laws. Microsoft retains all of its rights in any materials

given to you in connection with any research project .

Microsoft may use a third -party vendor or consultant on its behalf

to perform Microsoft’s obligations and exercise its rights as

described in this form and may share User Data among Microsoft

group of companies, including its affiliates , and with Microsoft

licensees, partners , contractors , third -party service providers and

any research administrator engaged by Microsoft (collectively ,

“ ” ), or as required by law, consistent with this

Participant Form and applicable data protection laws. Microsoft

Feedback

6. How Information is Shared

Microsoft Parties

Parties may include human annotators and reviewers that have

been engaged to listen to, transcribe , and review User Data for

the purposes of developing, testing , troubleshooting , and

improving Microsoft’s products . Please note that these human

annotators and reviewers may access and review User Data at

locations or on computing environments that are not controlled

by Microsoft , but such human annotators and reviewers are

under contractual restrictions with Microsoft limiting their use of

the User Data.

Microsoft may also share User Data in presentations and

publications related to Microsoft’s research and product

development activities . These presentations and publications

may be made publicly available, in which case Microsoft will take

measures to avoid revealing your name in such presentations and

publications , but information such as your voice and your image

may be publicly shared in connection with these presentations

and publications . Microsoft will not use your name or likeness in

order to promote or market products and services unless you

have separately agreed to such marketing uses.

Except as otherwise provided, the User Data will be retained for

as long as it serves a legitimate business purpose Certain

Extracted Data will be retained only for (i) one year from the date

that the purpose of the collection expires, or (ii) three years from

the date of your last participation in the Program, whichever

occurs first .

You may also request deletion of your personal data (which may

or may not include all User Data), if any, collected by Microsoft

during your participation in the Program by contacting :

faceicm@microsoft .com

The Program, any information and materials provided to you in

connection with the same, User Data, and Feedback are all

7. Retention

8. Confidentiality

confidential to Microsoft (collectively , Confidential Information ” ).

Each research project in the Program is confidential , and you

agree to: (a) maintain it or any Confidential Information as

confidential and not disclose, share, or use (except in furtherance

of the Program as provided in this Participation Form), any and all

Confidential Information . Confidential Information does not

include any information that (i) becomes publicly available

without breach of this Participation Form, (ii) is previously known

to you before receipt from a Microsoft Party, or (iii) is received

from a third party who did not wrongfully acquire or disclose such

information . Microsoft is not required to keep Confidential

Information confidential . If you have entered into a separate

Microsoft Non-Disclosure Agreement (“ ” ), then that NDA

(and not this paragraph) will govern confidentiality concerning the

research projects .

You represent that (a) you have the full right and authority to sign

this Participation Form, (b) you are not a minor or, if you are, your

NDA

9. Your Authority to Participate ; Release

legal guardian signs this Participation Form below, (c) the rights

you grant to Microsoft under this Participation Form will not be

limited by any other contract or obligation , including any

agreement with any union or guild, and (d) you will not disclose to

Microsoft any non-public information , whether yours or a third

party’s , without notifying Microsoft in advance. In addition , you

hereby irrevocably assume all risks and release Microsoft and its

affiliates from any and all claims, liabilities , damages, demands,

rights of action, and causes of action, of any kind that you may

have now or in the future , in law or equity, including attorneys ’

fees, resulting from, arising out of or related to your participation

in the research projects and this Program. You acknowledge that

you are engaging in the Program as an independent contractor to

Microsoft and that no employment , agency, partnership , or

similar relationship is entered into with Microsoft . You warrant

that your acceptance of any compensation from Microsoft in

connection with the Program is in compliance with all applicable

laws.

To the maximum extent permitted by applicable law, on behalf of

yourself and your heirs, executors, administrators and assigns,

you hereby waive any and all rights or benefits to User Data under

§1542 of the California Civil Code and every like provision in any

other domestic and foreign jurisdiction , which provides as

follows :

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH

THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS

OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,

WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

10. Limitation of liability .

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MICROSOFT

AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY

FINANCIAL LOSS OR LOSS OF PROFITS, NOR FOR ANY

CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR

PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR

RELATED TO ANY ASPECT OF THE PROGRAM OR THIS

PARTICIPATION FORM, HOWEVER CAUSED AND ON ANY

THEORY OF LIABILITY (INCLUDING CONTRACT AND TORT),

EVEN IF MICROSOFT OR ITS AFFILIATE HAS BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES, AND

NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL

PURPOSE OF ANY LIMITED REMEDY STATED HEREIN.

NOTHING IN THIS PARTICIPATION FORM EXCLUDES OR

LIMITS LIABILITY BY MICROSOFT OR ITS AFFILIATES FOR

DEATH OR PERSONAL INJURY ARISING FROM THE

NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION

OF MICROSOFT OR ITS AFFILIATES. TO THE MAXIMUM EXTENT

PERMITTED UNDER APPLICABLE LAW, THE AGGREGATE

MAXIMUM LIABILITY OF MICROSOFT OR ANY OF ITS

AFFILIATES RELATED TO ALL ASPECTS OF THE PROGRAM OR

THIS PARTICIPANT FORM, WHETHER ARISING IN CONTRACT,

TORT, RESTITUTION, OR OTHERWISE, WILL NOT EXCEED THE

HIGHER OF FIVE HUNDRED DOLLARS OR THE AMOUNT

PAYABLE TO YOU FOR YOUR PARTICIPATION IN THE

PROGRAM.

11. Miscellaneous

This Participation Form will be binding upon and will inure to the

benefit of the parties ’ heirs, successors, and/or assignees. This

Participation Form constitutes the parties ’ entire agreement on

the subject matter hereof, and supersedes all prior

understandings , agreements, and discussions, whether written or

oral. It may only be modified in writing signed by both parties .

References to “ include”, “ includes” and “ including ” will be

deemed to be followed by the words “without limitation .” If any

provision of this Participation Form is held unenforceable , such

provision will be enforced to the extent enforceable and the

remaining provisions will continue in full force and effect . In the

event of any conflict or inconsistency between this Participation

Form and the Microsoft Services Agreement or the Microsoft

Privacy Statement , this Participation Form will prevail, including

with respect to our use of the User Data, to the extent of such

conflict or inconsistency. Microsoft’s failure to enforce any

provision will not constitute a waiver of Microsoft’s right to

subsequently enforce such provision.

12. Law that applies ; jurisdiction and venue.

The laws of the State of Washington govern this agreement and

your participation in the Program. If federal jurisdiction exists,

each of us consents to exclusive jurisdiction and venue in the

federal courts in King County, Washington. If not, each of us

consents to exclusive jurisdiction and venue in the Superior Court

of King County, Washington.

I have read and understand this Participation Form and hereby

consent to its terms, including the terms governing Microsoft’s

collection , use, and sharing of User Data as described herein

(including any sensitive personal data, biometric identifiers , or

biometric information as defined by applicable law). I agree to

participate in the Program in accordance with this Participation

Form and each applicable Exhibit attached hereto.

Thank you for your contribution , and we look forward to your

participation in the Program.