Terms & Policies

These Candidate Terms & Conditions (the “Terms”) govern the Candidate’s application process for current or future openings at Awesomic, Inc. (the "Company", "we" or "us"). A Candidate will be deemed to have accepted and agreed to these Terms by virtue of their registration on our Platform.

You must read, agree with and accept all the terms and conditions contained in the Terms in order to apply for opportunities at the Company and before starting the test task.

1. Definition and Interpretations

“Candidate” means the person who applies for engagement or job opportunities at the Company.

“Confidential Information” means: (a) amounts paid or payable as fees for the Test Task; (b) any information disclosed to the Candidate within the application process; (c) any information received, developed, created or modified by the Candidate in the course of application for the engagement or job opportunities or otherwise acquired by Candidate as a result of or in connection with completion of the Test Task; and (d) other information marked as confidential or would normally under the circumstances be considered confidential information.

“Data Protection Laws” means any European Union legislation and any other national laws and regulations applicable to the Processing of Personal Data.

“Inventions” means discoveries, developments, concepts, designs, ideas, know how, modifications, improvements, derivative works, inventions, trade secrets and/or original works of authorship, whether patentable, copyrightable or otherwise legally protectable, including, but not limited to, any new product, software, digitized files containing data, illustration, design, artwork, presentation, advertising layout, marketing materials, images, photographic, audiovisual, musical works, including videos, animated assets as well as any object, sample, incorporation or embodiment of any of the IP Rights, irrespective of the form or media, as well as any documentation and records relating thereto. which may be created in course of provision of Services.

“Intellectual Property Rights” or “IP Rights” means all patent rights, copyright, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, in each case, under the laws of any state, country, territory or other jurisdiction, which have been, are or will be created during the course of the completion of the Test Task.

“Platform” means a web platform located at https://app.awesomic.io/ and related software, which are owned and operated by the Company.

“Test Task” means the task which should be completed by the Candidate in the course of application for the engagement or job opportunities at the Company.

2. Assignment of Intellectual Property Rights

For good and valuable consideration, the Candidate hereby assigns to the Company, or its designee, all of the Candidate’s right, title and interest throughout the world in and to any and all Inventions, and all IP Rights and other proprietary rights therein (including by way of assignment of future rights), that Candidate may solely or jointly create and develop in connection with, or as a result of, the Test Task performed for the Company within the application process (“Test Task Inventions”). The Candidate waives any rights to the Inventions and agrees that the Company shall be the sole owner of the IP Rights in the Test Task Inventions. The Candidate shall not further use the Test Task Inventions in any manner including in its portfolio unless explicitly permitted by the Company in written upon request of the Candidate.

If Candidate has any rights to the Test Task Inventions that cannot be assigned to the Company, Candidate hereby unconditionally and irrevocably grants to the Company during the term of such rights, an exclusive, irrevocable, perpetual, worldwide, fully paid and royalty-free license, with rights to sublicense, reproduce, distribute, display, perform, prepare derivative works of and otherwise modify, make, have made, sell, offer to sell, import, practice methods, processes and procedures and otherwise use and exploit, such Inventions.

3. Confidentiality

The Candidate shall not make use of, disclose or divulge any Confidential Information to any person, or make any Confidential Information public or available or accessible to any person.

This clause does not prohibit: any actions made with the prior written consent of the Company, actions that must be taken under mandatory rules of applicable law, disclosure of information which has become public, the disclosure of information relating to these Design Terms to professional legal and tax advisors of the Candidate.

4. Personal Data

For the purposes of this Terms, "Personal data" shall mean any information relating to the Candidate.

By registering on the Platform, the Candidate agrees that the Company will process the Candidate’s Personal data in accordance with the privacy notice in the Annex A to these Terms.

5. Governing law

These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

6. Dispute Resolution

Any dispute arising out of consumer claims shall be finally resolved by individual arbitration before a single arbitrator conducted in the English language in Delaware, USA under the Commercial Arbitration Rules of the American Arbitration Association (AAA). 

All disputes arising out of or relating to these Terms shall be finally resolved by individual arbitration. The arbitration will be conducted in Delaware, USA. The individual arbitration must be before a single arbitrator conducted in the English language under the Commercial Arbitration Rules of the American Arbitration Association (AAA). 

Annex A: Privacy Notice

1. The identity and the contact details of the controller

The Company is a "controller" of your personal data. You may contact data controller via email legal@awesomic.io.

2. Personal data we collect

We collect, store, and process the following categories of personal information about you: 

• Personal contact details such as full name, address, telephone number, and personal email address;
• Specialization, portfolio and experience information;
• Interview records, motivation, professional interests, position applied;
• Bank account details and tax status information.

3. The purposes of and the legal basis for the processing

We collect and process personal data of Candidates in particular, under the following legal bases:

1. to perform our contract with you and to comply with legal obligations. Under this legal basis we:
   ‍
   a) assessing your qualifications and a Test Task in order to process your application; 
   ‍
   b) paying you the fee for a Test Task,
2. for our (or others') legitimate interests, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data. We rely on legitimate interests:
   
   a) dealing with legal disputes involving you;
   
   b) preventing fraud;
   
   c) ensuring network and information security, including preventing unauthorized access to our computer and electronic communications systems and preventing malicious software distribution, and
3. to comply with a legal obligation.

4. If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to process you application for opportunities at the Company, or we may be prevented from complying with our legal obligations.

5. Change of purpose

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

6. Data sharing

We will share your personal information with third parties where required by law, where it is necessary to administer the contractual relationship with you or where we have another legitimate interest in doing so.

"Third parties" includes third-party service providers (such as hosting and data storage service providers, internal communications service provider, other contractors and designated agents). The following activities may be carried out by third-party service providers: payroll, administration, IT services, hosting and storage of data, communication services.

All our third-party service providers are required to take appropriate security measures to protect your personal information and are permitted to process your personal data for specified purposes and in accordance with our instructions.

7. Transferring information outside the EU

If in order to perform our contract with you we will be required to transfer your personal data to third countries outside the EU. Where we transfer personal data outside of EU, we either transfer personal data to countries that provide an adequate level of protection (as determined by the European Commission) or we have appropriate safeguards in place. Appropriate safeguards to cover these transfers are in the form of transfer impact assessment conducted by us and standard contractual clauses adopted by the European Commission. Please visit this page to know more about standard contractual clauses.

If you require further information about the protective measures, you can request it from us via legal@awesomic.io.

8. Data security

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

9. Data retention

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

10. Rights of access, correction, erasure, and restriction

You have the right to:

• Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
• Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
• Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact us via legal@awesomic.io.

We may charge a reasonable fee if your request for access is clearly unfounded or excessive.

11. The right to lodge a complaint with supervisory authority

We would love you to contact us directly, so we could address your concerns. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or where the alleged infringement has taken place.

12. Your duty to inform us of changes

It is also important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your engagement.

13. Automated decision-making

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.

14. Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and you can always find an updated copy of this notice via link provided in your contract. We will notify you when we make any substantial updates. Likewise, we may also notify you in other ways from time to time about the processing of your personal information.

15. Contact us

You may contact us at any time for details regarding this Privacy Notice. For any questions concerning your personal data please contact us at legal@awesomic.io.