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Membership Agreement

Nielsen Mobile Panel Membership Agreement

Effective Date: June 2016

PLEASE READ THIS AGREEMENT CAREFULLY, AND IF YOU AGREE TO ITS TERMS AND CONDITIONS, PLEASE INDICATE YOUR CONSENT BY CLICKING ON THE CONSENT BUTTON BELOW, WHICH WILL INDICATE YOUR COMPLETE AGREEMENT AS A CONDITION TO BECOMING A PANEL MEMBER.

1. BACKGROUND

The Nielsen Company, with a principal place of business at 85 Broad Street, New York, New York 10004 ("Nielsen"), a world leader in market research and consumer information, manages a panel of selected consumers for the purposes of understanding mobile devices (e.g. iPhones, iPads, iPods, Android smartphones and tablets, etc. and related services), and to help Nielsen clients understand what motivates consumers to buy and use certain services, products and device features by observing behavior on mobile devices (the "Research").

By providing your details and consenting to this Agreement (as defined below), you ("you", also referred to as the "Participant"), agree to take part in the Research and agree to have Nielsen's proprietary software installed on your mobile device[s] (via the mobile application or otherwise) as further set out below.

2. MEMBERSHIP PROCESS

In order to join the selected group of panel members, you must review and consent to the terms and conditions in this document and the separate Nielsen Privacy Policy referenced below, including confirming that you are 18 years of age or older, and fill out and return the enrollment form contained on this website You must also provide an email address that can be verified. After you submit your enrollment form, we will send you an email containing a link to a web page where you can verify your email address.

Once these terms are accepted, you will be asked to download onto your mobile device, by one of the methods set out in the panel enrollment website or via this mobile application, Nielsen's proprietary software or mobile application which will collect and send information to Nielsen from your mobile device, or be asked to install a profile and/or change settings on your device (together, the "Software").

These membership terms and conditions, together with the Nielsen Privacy Policy, govern your membership in the Research and constitute an agreement between the Participant on the one hand, and Nielsen on the other, individually defining the rights and responsibilities of each of the Participant and of Nielsen (including their affiliates and suppliers) with respect to their separate responsibilities and for the Research (the "Agreement"). This Agreement shall supersede and replace any prior Nielsen mobile panel agreements you may have been a party to.

You cannot participate in the Research if you do not agree to all the terms of this Agreement.

3. RESEARCH PERIOD

Only applicants who verify their email address will be accepted into this research program. The research period begins from the moment Participant accepts this Agreement and installs the Software. The research period lasts until the Participant unsubscribes or removes the Software or Nielsen terminates the membership. The Participant may at any time during the research cancel his or her membership by notifying Nielsen (see Section 11 for contact details) or by following instructions for removing the Software manually click here. The participant may also, at a later date, agree to extend membership, should Nielsen decide to continue the Research.

4. USING THE SOFTWARE

You may install the Software on one [or more] mobile device[s] that you identify during the membership registration process. Please note that you may install the Software only on the mobile devices which you own or have the right to use and install software on. The Software will send on a regular basis reports on your use of the mobile device ("Usage Data", as further described in Section 7.4 below) to Nielsen's computer system or route the URLs your device generates through a Nielsen measurement server. Nielsen may update the Software by sending new versions to the Participant's mobile device. Nielsen will then process the Usage Data for its own purposes and then make available the Usage Data to Nielsen and Nielsen clients for other Research purposes as set out below.

The Participant hereby agrees to:

. Use the Software only for private, non-commercial purposes;

. Comply with applicable laws, the Terms and good manners;

. Respect the privacy and rights of others;

. Refrain from modifying, distributing, decompiling, reverse engineering or copying any part of the Software.

5. NETWORK CHARGES

Participation in the Research may involve transmission of data through Participant's service provider's network. Participant's network service provider may charge for such data transmission. The Participant is responsible for any and all costs related to the use of the device. The Participant acknowledges and gives his specific approval that the delivery of the reports associated with this research will be approximately 2-3 MB daily for an average user. The data traffic may incur a monthly telecommunication cost for which the Participant shall be solely responsible. The fee charged depends on the Participant's mobile operator. After successful participation, the Participant will be rewarded by Nielsen as stated on the panel enrollment website

Nielsen assumes no responsibility for the payment of any communications charges incurred due to participation in the Research.

6. AVAILABILITY

Nielsen may also decide to discontinue the Research or any part thereof in its sole discretion. In such case you will be provided with a prior notification by SMS or any other reasonable method. If Nielsen reasonably believes that you are under 18 years of age then your participation in the Research may be denied or terminated at any time without notice.

7. CONSENT TO PROCESSING OF PERSONAL DATA

7.1 PERSONAL DATA IN GENERAL

Nielsen respects the privacy of the Participants and in undertaking the Research will strictly observe the laws and regulations applicable to their respective Panel activities in accordance with the Terms.

At all times you maintain your rights in respect of your personal data under applicable law, including rights of access, rectification and withdrawal of consent to processing.

NIELSEN WILL NOT USE ANY DATA YOU PROVIDE THROUGH YOUR MEMBERSHIP IN THE PANEL FOR DIRECT MARKETING OR ADVERTISING PURPOSES.


By accepting this Agreement, you affirm that you are 18 years of age or older and agree to join the Research panel and give your express consent for processing and storage of your Membership Data, and Usage Data (as defined below in sections 7.2 and 7.4 respectively).

THE NIELSEN PRIVACY POLICY FORMS PART OF THIS AGREEMENT AND SETS OUT IMPORTANT ADDITIONAL INFORMATION REGARDING YOUR RIGHTS. IT IS IMPORTANT THAT YOU FAMILIARIZE YOURSELF WITH THE CONTENT OF THIS PRIVACY POLICY PRIOR TO ACCEPTING THESE TERMS.

EXISTING NIELSEN PANELISTS WHO ALSO WISH TO PARTICIPATE IN THE RESEARCH SHOULD IN ADDITION REFER TO SECTION 7.3 WHERE THE CONTROL OF MEMBERSHIP DATA FOR EXISTING NIELSEN PANELISTS IS EXPLAINED IN MORE DETAIL.

Please note that in accordance with the Privacy Policy, Nielsen may share Usage Data with other companies and affiliates in an anonymized form only for the purposes of research and statistics and may also transmit such information in anonymized form also to third party processors.

Nielsen will maintain the Membership Data and Usage Data received for as long as necessary for the purposes of analyzing the Membership Data and Usage Data as set out in this Agreement.

7.2 MEMBERSHIP DATA CATEGORIES AND USE


Nielsen will collect the following personal information ("Membership Data") about you on the enrollment form in order to register you as a Participant in the Research:

  • Participant's personal information (i.e. name, address, e-mail, mobile phone number);

  • Information regarding social demographics (i.e. country, gender, age, annual income, education);

  • Other profiling information

The Membership Data will be stored by Nielsen. Nielsen controls and directs collection, storage, maintenance and use of the Membership and Usage Data in accordance with this Agreement.

For the purposes of undertaking the Research, you agree that Nielsen may disclose and provide copies of the Usage Data controlled by Nielsen to Nielsen clients who may process such Usage Data according to this Agreement.

7.3 USAGE DATA CATEGORIES AND USE

Once the Software is installed the following categories and types of Usage Data ("Usage Data") will be collected and controlled by Nielsen by means of the Software and settings on your device as part of the Research. Some Software configurations may collect less but not more than:

  • Timestamps: all observations are collected with a time stamp

Communication and Connectivity:

  • Calls: Time and duration of the calls made and received

  • Anonymized (hashed) phone numbers of persons contacted


  • Messages: The time of which messages (SMS, MMS, Email, IM, Infrared and Bluetooth) are being sent and received

  • Anonymized (hashed) phone numbers and email addresses of persons contacted

  • Time when messages are read and removed
  • Notifications including local and push, time notification was generated, what process generated the notification, count of outstanding notifications, was notification read or accepted

  • IP address: including IPv4 and IPv6, hostname and host address, local host address and state, multicast address and state, link state
  • Bluetooth: when Bluetooth device is connected, the following information is retrieved: address, major/minor/service classes, paired/non-paired and trusted/untrusted, name of connected device (BT name)

  • USB Cable: Whether USB Cable is turned on/off and mode of USB


  • Network Traffic: When connection is opened/closed and bearer changed, which access point is in use, how much data is sent and received

  • WLAN connection: SSID, BSSID, Connection mode, Security mode, Received signal strength and TX power, name of WLAN hotspot

  • Network information: General cell location including approximate location of the Participant determined using the tower triangulation method. (MCC, MNC, LAC, CID)


System information:

  • Battery State (including battery level, type, temperature, voltage, usage per app)

  • Charger/dock state (e.g. whether an analogue, digital, or other dock is connected to the device)

  • Profiles: profile changed/modified; type, name, ringing tone file name, message tone file name, vibrate on/off, ringing tone type, ringing tone volume, key pad volume, warning tone on/off and message alert on/off
  • Lock state: state of the lock screen but not the private key used to unlock the device

  • Device setting: including Wi-Fi and Bluetooth settings, Airplane Mode, Screen timeout, display settings, security lock timeouts

  • Device Ids: including AndroidId, IMEI/IMSI, MAC Address, or Advertiser IDs

  • The Software may also store a Nielsen Unique ID on the device that the Software may periodically collect.

  • CPU metrics: type, version, manufacturer, frequency (current and past), running processes, memory usage, temperature, voltage, power usage by app

  • Profiles: profile changed/modified; type, name, ringing tone file name, message tone file name, vibra on/off, ringing tone type, ringing tone volume, key pad volume, warning tone on/off and message alert on/off
  • Device state (e.g. display on/off, RAM memory status)

  • Alarm usage: state, application, repeat condition and expiration time

  • The file names, types and files sizes on your phone, but not the contents of the files

  • Anonymized (hashed) measurement of the contact list

  • GPS: state, when connected: latitude, longitude, and altitude, provider, success of position retrieval; horizontal/vertical accuracy, speed/heading and their accuracy and number of satellites seen/used, periodic measurement of your location through the GPS.

Use of software applications on the mobile device:

  • o Application start, stop, activations: UID name and version

  • Installations/Uninstallation/Updates: pre-installed/downloaded, UID name and version

  • Browser history and favorites

  • VPN state: connection requests, time of request, process that initiated or terminated the request.

Multimedia applications:

  • Music Player usage: track, artist and duration

  • Visited URLs - can be either browser originated or through dedicated Internet connected applications.

  • Audio and Video codes, watermarks, signals, ID3 tags


If you uninstall the Software, it will alert Nielsen's server and inform You that You would need to re-install the Software in order to remain active in the Research Panel. In addition, the Software may also push a notification in order to check if the Software is still running on the device. It is up to You whether or not to re-install the Software and remain in the Research Panel. You must also follow all procedures in order to completely uninstall the application and any services from your device. If you choose not to re-install the Software, you will no longer remain in the Research Panel.

Personal Information and Communications:

Please note that the Software will not track, collect or store the content of any personal communications such as the content of phone calls, text messages or emails or the names of any recipients or senders to your mobile device. No personal data identifying individuals or other persons from any directory such as a mobile device phonebook or other directory applications including your email and text directories of addressee will be collected.

At the same time, the Software will track information about how the mobile device is used, what applications are relied upon and how frequently you use them, and the general location from which you use the mobile device as well as the times of day it is used may be collected, as indicated above by the specific categories of information collected. The Software may also initiate a VPN connection in order to collect and store data.

In that the Software will also track and collect the URLs of the web sites you may visit (although not the specific content of the pages of those web sites when you are visiting) the Usage Data may therefore contain data which may indicate your personal preferences or interests or reveal by inference sensitive personal matters such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership and health or sex life, and you expressly accept that this may be the case and that such data may be processed by Nielsen.

In addition, the Software may also gather cell or application information that may reveal the actual or approximate location of your phone. This data will be used for the same purposes as the Research and may be provided to Nielsen for the duration of your participation in the Research. By downloading the Software you expressly agree to processing of this type of data. You can withdraw consent for processing location data at any time by contacting us as set out below.

Collection and Use:

All Usage Data collected by the Software will be sent automatically to Nielsen, which will process the data for statistical and research purposes. You agree that Nielsen may disclose to and provide copies of the Usage Data to Nielsen clients in order to analyze the Usage Data; as well as for Nielsen to prepare detailed reports to Nielsen clients concerning the usage in different countries of smartphone products and services.

Furthermore, you explicitly agree that Nielsen may also combine the Usage data with other personal and usage data it may hold concerning you for the purposes of the Research, e.g. to understand the impact of the smartphone's activities on you as a Participant (such as customer relationship activities, changes in the service features, marketing and other) on the user and for data modeling purposes.

Nielsen will process the Usage data it receives only for the purposes of making anonymized Research reports on smartphone general usage, and will deliver these reports to Nielsen clients. Nielsen may need to access Membership data and other personal information such as the number of your mobile device, to contact you for purposes of rectifying any technical deficiencies in the Software or resolving any related service problems. Nielsen will not process any other of your personal information for any other purpose.

YOU THEREFORE EXPLICITLY AGREE THAT ON PANEL ENROLLMENT AND INSTALLATION OF THE SOFTWARE, NIELSEN WILL MAINTAIN THE RIGHTS TO PROCESS AND ANALYZE THE COLLECTED MEMBERSHIP AND USAGE DATA AS SET OUT IN THIS AGREEMENT INCLUDING IN NIELSEN'S PRIVACY POLICY, AND THAT NIELSEN WILL HAVE THE RIGHT TO MAINTAIN MEMBERSHIP DATA AND RECEIVE AND PROCESS USAGE DATA FOR THE PURPOSES SET OUT IN THIS AGREEMENT

Transfer and Export of Membership and Usage Data:

Nielsen may also transfer and export the Membership and Usage Data to affiliated companies within or outside of your country or to authorized third party data processors in such locations who have entered into appropriate security arrangements in accordance with their respective Privacy Policies referenced above.

7.5 OTHER RESEARCH PROGRAMS

Nielsen may invite Participants to attend additional research programs related to the use of smartphones and this Research. These programs request additional market research information to help us better understand specific types of mobile usage. Your participation in such a program is always voluntary, and you therefore have a choice whether to provide the requested program information. These programs may involve additional incentives for participation. Participation in these additional programs does not constitute a condition of continuation of your Membership in our Research Panel nor is the participation to such programs considered mandatory for the purposes of this Research.

You may be invited to join additional research programs also outside the period of this Research.

8. LIMITATION OF LIABILITY

GENERAL NIELSEN, NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM YOUR PARTICIPATION IN THE RESEARCH.

SOFTWARE ALTHOUGH THE SOFTWARE HAS BEEN TESTED IN ACCORDANCE WITH NORMAL PRACTICES, THE PARTICIPANT ACKNOWLEDGES AND AGREES THAT POSSIBLE ERRORS MAY OCCUR IN THE SOFTWARE WHICH MAY CAUSE TEMPORARY INTERRUPTIONS TO THE USE OF THE MOBILE DEVICE OR LOSS OF DATA. NIELSEN DISCLAIMS ALL LIABILITY FOR ANY POSSIBLE DAMAGES OR LOSSES CAUSED BY AN INABILITY TO USE THE MOBILE DEVICE OTHER THAN PERMANENT INABILITY TO USE THE MOBILE DEVICE ARISING FROM SOFTWARE ERRORS. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY, INFORMATION OR CONTENT OF THE SOFTWARE. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE USE OF THE SOFTWARE IS AT YOUR SOLE RISK. NOTWITHSTANDING THIS, LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE SHALL NOT BE EXCLUDED OR LIMITED.

9. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Nielsen from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of the Terms, (ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, (iii) misuse of the Software by a third party where such misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.

10. MISCELLANEOUS

10.1 AMENDMENTS

Nielsen may notify you of amendments to this Agreement on prior written notice (for example such notice may be given by way of SMS). Should you not agree to the proposed amendment you are free to discontinue your Membership in the Panel and the Research in which case you should immediately uninstall the Software and follow the instructions on the Panel Member Site. Continued use of the Software will be deemed to be your acceptance of this Agreement as amended according to the written notification.

10.2 VALIDITY

This Agreement shall neither exclude nor limit any of your mandatory rights as a consumer in your country of residence. The Agreement is governed by the laws of the state New York. Any dispute which cannot be amicably resolved concerning or arising from this Agreement including Panel Membership or use of the Software shall be subject to the exclusive jurisdiction of the courts of competent jurisdiction located in the State of New York. If a provision of this Agreement is found to be invalid, the validity of the remaining provisions shall not be affected and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of this Agreement. If there is any conflict between this Agreement and any Privacy Policy, the provisions of this Agreement shall prevail. The provisions of this Agreement that are intended to survive termination shall remain valid after any termination.

11. CONTACTS

For any questions and requests concerning your personal data, please contact us at mobileprivacy@nielsen.com.

ACCEPTANCE:

YOU CONFIRM THAT BY CLICKING ON THE CONSENT BUTTON BELOW THAT YOU ARE 18 YEARS OF AGE AND HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS OF PANEL MEMBERSHIP INCLUDING THE RESPECTIVE PRIVACY POLICY (BELOW) AND THEREFORE EXPRESSLY CONSENT NIELSEN COLLECTING, USING, STORING, MAINTAINING, PROCESSING AND DISCLOSING THE DATA INCLUDING THE TRANSFER OF SUCH DATA TO THIRD COUNTRIES INCLUDING WITHIN AND OUTSIDE THE EUROPEAN UNION AND THE UNITED STATES, IN THE MANNER AND FOR THE PURPOSES SET OUT IN THIS AGREEMENT AND PRIVACY POLICY.

THANK YOU - WE APPRECIATE AND VALUE YOUR PARTICIPATION!



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