Nielsen Computer and Mobile Panel Membership Agreement
Effective Date: August 1, 2020
This Nielsen Panel Membership Agreement, including the Nielsen Panel Membership Privacy Notice which is expressly incorporated (collectively, this “Agreement”), governs your household’s participation in this panel and establishes our mutual rights and obligations. The purpose of this Agreement is to allow Nielsen to perform market research activities using data from or about you and, where applicable, other members of your household. Our processing of personal data is necessary for the performance of this Agreement.
Parties to this legal agreement are you and the other household members you represent (“You” or “Your”), and Nielsen Media Research Limited, Endeavour House, 189 Shaftesbury Avenue, London, WC2H 8JR, part of the Nielsen group of companies (“Nielsen”, or “We”). You can find more information about the Nielsen group of companies at: http://www.nielsen.com/eu/en/privacy-policy/gdpr-operating-entities.html.
B. OUR COMMITMENTS
We will collect and use the personal data we obtain from or about You, including through the usage of our Software in accordance with all applicable laws and as described in this Agreement (including the Privacy Notice).
We will not use your personal data to advertise, promote, or market goods or services directly to You and we do not allow our clients to market directly to You.
In the context of Your participation we may contact You to perform an initial or additional surveys. We guarantee that Your participation in such a survey will always be voluntary. These surveys will be carried out by email or by other electronic means.
We may offer your household at our discretion, certain gifts and/or other incentives.
C. YOUR COMMITMENTS
You expressly represent and warrant:
That you are at least eighteen (18) years of age and competent to enter into contract.
That you are the owner or an authorised user of any computing or media device (a “Device”) onto which you allow the downloading of Nielsen metering software or metering by other means.
That you represent all of your household members , and that you have sufficiently informed them about their rights and obligations under this Agreement, including making our Privacy Notice available to them. If one or more members of your household does not wish to participate, please inform Nielsen promptly.
That another member of your household has not already joined one or more Nielsen panel(s). For statistical reasons, only one registration per household per type of panel can be allowed.
That you will inform any other user of a metered Device of the terms of this Agreement (including the Privacy Notice and confidentiality provisions) and about the processing of data by Nielsen of data from metered Devices. This includes guests or visitors that come into your home during your participation in our panel and use a metered Device, as set out more clearly in the Privacy Notice.
That all data you provide directly to Nielsen is complete and accurate and that you will confirm it or update it from time to time as requested by Nielsen.
That you will use our Software in accordance with its intended use and technical specifications, enable Nielsen to provide patches or upgrades to Software as needed, and will cooperate with our investigation and remedial actions in the event of any type of incident affecting our Software. You agree not to modify or harm our Software in any way (including in any manner which might affect our data collection). Our metering Software is provided by Nielsen without cost to you, but you remain responsible to provide a broadband connection to the Internet.
If you are downloading the Software onto a Device owned by a third party, that using our Software does not violate the security policy of that third party and that you are properly authorised to download the Software onto this Device.
That you acknowledge and agree that personal data obtained from You or collected from a Device can be transferred from your country to Nielsen’s service providers (including affiliated Nielsen companies) outside the European Union, including to the United States, India, the United Kingdom, and other locations where Nielsen does business.
You will be participating in a select group of individuals and households across the UK in our research. Depending on the panel(s) you participate in, you will receive instructions during/after registration on the panel of your role in providing data or assisting us to collect data.
To ensure the statistical accuracy of Nielsen’s data, which is one of the express purposes of this Agreement, both while being member of the panel and for one (1) year after your participation ends, You agree that you will not disclose your participation to anyone (except visitors to the extent you need to inform them about their data being processed by our Software and to inform them on the obligations under this paragraph, or to friends who you may identify as part of our “refer a friend” program), in particular (but not limited) to people in the television, radio, film, newspaper, magazine, advertising, or Internet businesses, or strangers, and You will not reveal in any manner on the Internet, personal web pages, chat rooms, or any other medium, that You are or were a member of a panel.
Your household will be eligible to receive periodic gifts/incentives in consideration for your ongoing participation. You will find more information about this in the rewards section of our website.
Nielsen hereby grants to You a limited, non-exclusive, non-transferable, non-sublicensable license (i) to install, or have installed by the Company, the Company’s Software on one or more Devices and (ii) to use the Software in object code form and only for the purpose of participating in this market research activity. All other rights with respect to the Software, its use and any accompanying documentation are hereby reserved to Nielsen.
The Software is protected by international copyright laws, international treaty provisions, and other laws. You may not use, copy, display, modify or distribute it or any accompanying documentation except in strict accordance with this Agreement. You agree that You will not modify the Software or disassemble, decompile, reverse engineer, or otherwise attempt to derive source code from the Software.
The Software is and at all times remains the property of Nielsen. You are forbidden to make any reproduction, representation, distribution or marketing using any means whatsoever, translation, adaptation, modification, arrangement, transformation, making available, directly or indirectly in favour of third parties, of the Software or of the know-how belonging to Nielsen. Similarly, the following are forbidden: integration, in full or in part, of the Software into any other computer package, any direct or indirect transcription or translation into other languages of the Software as well as its modification, even partial.
The Software is designed to detect when a connection to the Internet is not active, and utilises that idle time to send small packets of data to the Nielsen collection server, which is a central computer that stores information for members of the Nielsen panel. Please note that the Software will be able to send your data to the Nielsen servers even if You have a firewall. Accordingly, should you wish to block the Software from sending data to Nielsen, you will need to inform us about your wish to terminate this Agreement, after which you will need to immediately uninstall the Software in accordance with our instructions.
Participation in the Research may involve transmission of data through Participant’s service provider’s network in the case of mobile Devices. 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.
Nielsen assumes no responsibility for the payment of any communications charges incurred due to participation in the Research with any Devices.
Data from our Software is automatically transmitted to us at least daily. In the case of data transmission difficulties, we may need to contact You, and may request permission to inspect our Software.
We may remove our Software at any time, or request access to inspect, replace or remove the Software installed on your Devices.
If at any point, your participation ends, You agree to delete our Software in accordance with our instructions.
I. ADDITIONAL DEVICES
To safeguard statistical relevance, You must promptly let us know if You get any replacement or additional Device(s). If You wish to use any replacement or additional Device in your participation to our market research, You must log it with us. More information on how we process data from Devices is set out in our Privacy Notice.
J. EXCLUSION OF GUARANTEE
Except to the extent that such exclusion is prohibited under applicable law, the Software is supplied “as is”, without any guarantee of any sort, express or implicit, in particular without any implicit guarantee of quality or suitability to a specific use. You assume all the risks ensuing from the use or from the installation and usage of the Software and your participation in our market research.
K. LIMITATION OF LIABILITY
To the extent permitted by applicable law, We or our suppliers or partners may not be held liable for any damages, of any nature whatsoever (including but not limited to any indirect or consequential loss, loss of profits, interruption in activity, loss of data or any other financial loss) resulting from the use of or the impossibility of using the Software or by virtue of your participation to our market research.
Nothing in this Agreement shall have the effect of limiting or excluding liability (a) in the event of death or personal injury to the extent resulting directly from Nielsen’s willful or negligent act or omission or any of its employees or agents; or (b) to the extent resulting from any fraudulent misrepresentation on the part of Nielsen.
L. NIELSEN PROPERTY
Nielsen owns our Software and You may use it only for the purpose of participating in this market research activity. You may not:
Nielsen also is the holder of other intellectual property rights as protected by the copyright laws and international treaties (e.g. trademarks, patents, logos, and service marks displayed in the context of your panel membership, including the names of all promotions, collectively, the “Trademarks”). You are only entitled to use the Trademarks as explicitly mentioned in this Agreement. Your misuse of any Trademarks or trade name is strictly prohibited. You are also advised that Nielsen will actively enforce its intellectual property rights to the fullest extent permitted by law, including the seeking of criminal prosecution where appropriate.
M. PERSONAL DATA
Under this Agreement, Nielsen will process personal data, which is protected under international, EU and national data protection laws (eg. EU Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/EC (General Data Protection Regulation)). We obtain data directly from you (e.g. the identification or contact data for you and/or your household members), indirectly through our Software, and also from third parties (e.g. via pseudonymized data matching). An explanation of what personal data We collect and how We process it is set out in our Privacy Notice, which also contains] information on your rights as a data subject and how You can apply these in practice. We may amend this Notice from time to time, and will provide you with an updated notice where we do so prior to implementing the revised terms.
N. TERMS OF CANCELLATION
This Agreement enters into force upon acceptance and will continue as long as the Software is installed on your Device. If you would like to cancel your membership for any reason, you can do this by simply uninstalling the Software. By uninstalling the Software you will no longer benefit from the offers made. You may request that Nielsen permanently de-identify your data at any time.
Nielsen reserves the right to cancel your household’s participation in our market research at any time and for any reason, in its sole discretion. In particular, but without limitation, in the event of any unauthorised, fraudulent, or otherwise improper use of Software, including unauthorised installation of Software on a Device.
O. MISCELLANEOUS CLAUSE
This Agreement is personal to you (and as such the rights or obligations hereunder cannot be transferred, without the prior written approval of Nielsen). Nielsen may transfer this Agreement, and its rights and obligations hereunder, to any third party without your approval or notice to you.
This Agreement is governed by, and shall be construed in accordance with, the laws of England and Wales.