EMBEE PRIVACY POLICY

Effective Date: July 18, 2019

A. Privacy Statement
B. Information collected by Embee
* Information that you provide
* Information we collect
C. How is your Personal Information used by Embee?
D. Who can access the information we collect?
* Access to Personal Information
* Access to aggregated, anonymized information
E. Selling of Personal Information
F. Children and privacy
G. Links to third party services
H. Security, storage and retention
* Security
* Storage
* Retention
I. International users
J. Changes to this Privacy Policy
K. Information Correction and Removal
* Correction and Removal
* Your California Rights
* Your European Rights
* Cancelling Participation in the Services
* Contact Us


A. Privacy Statement

Embee Mobile, Inc. ("Embee" or "we" or "us" or "our") values the privacy of its users. This Privacy Policy ("Privacy Policy") provides information about (a) the information that Embee collects when you use or interact with our Applications (as defined below) and services (collectively, the "Services"), (b) the ways in which such information is used by Embee and shared with third parties, and (c) your choices regarding use and disclosure of your information. By using our Application, you ("you" or "your") consent to the policies and practices described in this Privacy Policy.

For the purposes of the EU General Data Protection Regulation 2016 (the "GDPR") the data controller is Embee Mobile Inc. whose registered office is at 525 Brannan Street, Suite 408, San Francisco CA, 94107.

As used in this Privacy Policy, the term "Personal Information" means information that identifies you personally, alone or in combination with other information available to us by reference to an identifier such as your name, device identification number, precise location data, personal online identifier, or other factors specific to you. Personal Information includes special categories of Personal Information (or "Sensitive Personal Information") but excludes anonymous information, information that has had the identity of an individual removed or replaced with a pseudonym, such that the information cannot be uniquely associated with you personally without additional Personal Information supplied by Embee.

"Special categories" of Personal Information require a higher level of protection. This includes information about a person's racial or ethnic origin, political opinions, religious and philosophical beliefs, trade union membership, genetic data, biometric data, health data and sex life and sexual orientation. The information collected by Embee arguably includes "special categories" of Personal Information, i.e. sexual orientation and religious opinions are likely to be discernible from browsing history, app usage or other behaviors. For the purposes of GDPR, Embee can only processes such information on one of the lawful grounds set out in Article 9 of the GDPR such as "explicit consent" from the individual, which is a higher threshold than "consent" (Article 9(2)(a)).

This Privacy Policy does not apply to any other data, including data that we collect offline or data that others collect through applications linked to our Application.

By (i) accessing our application and/or (ii) downloading, installing or using any associated application supplied by Embee to allow you to access the Services (this item (ii), the "Application"), you agree to be bound by this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use our Services. Each time you use our Services, the latest version of the Privacy Policy will apply. Accordingly, whenever you use our Services, you should check the date of this Privacy Policy (which appears at the top) and review any changes since the last version. This Privacy Policy is applicable to all Embee visitors, registered users, and all other users of the Services.

Further, you acknowledge that this Privacy Policy is part of our Terms of Use, which is incorporated by reference, and by accessing or using our Services, you agree to be bound by the Terms of Use ("Terms of Use"). If you do not agree to our Terms of Use, do not access or use our Services.

If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.


B. Information collected by Embee

Embee is a technology company that enables market research companies and other customers ("Market Research Partners") to conduct research on user behaviors. When you access and use our Services, Embee may collect information (i) that you knowingly and voluntarily provide when you use our Services (such as through forms or profile screens) including, without limitation, registration/account setup information, and (ii) that we are able to collect as you use your mobile device and other applications. Embee collects this information with your consent in order to allow Market Research Partners and third parties to pursue their legitimate interests of:

* improving their service experience; and/or
* developing new products and service features

1. Information that you knowingly and willingly provide

Embee collects the information that you provide when you use our Services, including, without limitation, registration/account setup information, profile details, demographic details, and other ratings information. The information typically includes, without limitation, the following kinds of information:

* email
* date of birth or birth year
* gender
* country, region, state and/or postal code
* occupation
* income level
* education level
* household size
* whether household has children
* languages learned or spoken
* head of household
* responsible for purchases
* location information
* mobile network operator
* mobile network plan
* survey responses


2. Information we collect

The Application will run in the background and sends this information to us automatically. The information that we collect and use may typically include, without limitation, the following kinds of technical and usage data:

* Technical Data: IP address, device type, operating system, network type and speed, local time zone, device type, battery life, advertising ID, phone identity, location (GPS and network-based)
* Usage Data: internet usage, browser and URL history, application usage, and other information about how you use your mobile device and applications

The information we collect about you may include sensitive Personal Information. For example, your internet usage may reveal information about your sexual orientation or political leniencies. When you download and install our Application, we will ask for your explicit consent to collect and use this information. Embee will use Personal Information for various market research and business purposes such as providing customer service, fraud prevention, market research, and improving our Services.

We will also use or share aggregated, anonymized and/or pseudonymized information that we collect from you for the purpose of market research on brands and products, marketing campaigns, and advertising.


C. How is your Personal Information used by Embee?

We will only process your Personal Information, including sharing it with third parties, for a purpose described in this Privacy Policy, where (1) you have provided your consent which can be withdrawn at any time, (2) the processing is necessary for the performance of a contract we are about to enter into or have entered into with you, (3) we are required by law, (4) processing is required to protect your vital interests or those of another person, or (5) processing is necessary for the purposes of our legitimate commercial interests, except where such interests are overridden by your rights and interests.

We primarily use this information for market research regarding user preferences and habits and to facilitate other opportunities with respect to the Services. Information we collect from you may be provided to third parties ( such as Market Research Partners) as part of our market research services, only as strictly set forth below, and on the basis of your consent provided when you install the Application. You can withdraw your consent at any time by contacting us by email at mpmsupport@embeemobile.com.

We may use Personal Information we collect about you on its own or combine it with other information we have about you to:

* Create user accounts and/or profiles through registration;
* Perform internal operations, such as tracking and improving the effectiveness of our Services and market research efforts;
* Provide you with the opportunity to earn rewards for using the Services;
* Personalize user experiences, such as remembering your settings and preferences for things like language, font size, etc.;
* Provide customer services and support;
* Resolve disputes between users and/or a user and Embee as set forth in our Terms of Use;
* Prevent fraud or deliver other location-based services;
* Administer user rewards;
* Conduct surveys;
* Conduct research;
* Receive feedback;
* Conduct audits;
* Prepare reports and analyses for our Market Research Partners;
* Provide information to our business partners;
* Provide information to our representatives and/or advisors, such as our attorneys, accountants, and others to help us comply with legal, accounting, or security requirements;
* Transfer your information as part of a merger or sale of the business;
* Protect the rights, safety, and information of our members, third parties, as well as our own; and
* Comply with legal requirements, such as in response to a subpoena or similar investigative demand.

We may also disclose your Personal Information as otherwise set forth in this Privacy Policy, as permitted by law, or with your consent.


D. Who can access the information we collect?

1. Access to Personal Information

Embee may disclose your Personal Information in the following instances:

* Agents. We employ other companies and individuals to perform functions on our behalf. Examples of such functions include, without limitation, using Paypal for compensating panelists, using Amazon Web Services for server and database infrastructure, using Zendesk for panelist support, using ticket tracking solutions such as Unfuddle, and other similar services. We share our users' Personal Information with these agents as we deem necessary for such third parties to perform their functions.
* Employees. Only authorized employees have access to your Personal Information.
* Affiliates. When you are asked for information while on our Services, you are sharing that information with Embee and our various affiliates and sister companies, unless specifically stated otherwise. As a result of this sharing, you may receive communications from any of our affiliates.
* Authorized Business Partners. These include, without limitation, agents, contractors, vendors, licensors, system integrators, etc. Embee, our affiliates and our business partners may share this Personal Information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our market research services.
* To Comply with Legal Process, Protect Embee, or Enforce our Rights. We may release your Personal Information when it is necessary to (i) conform to legal requirements or comply with legal process; (ii) enforce or apply our conditions of use and other agreements (iii) protect the rights, safety or property of Embee, our affiliates, service providers, our users or the public, or (iv) prevent a crime or protect national security (including, without limitation, exchanging information with other companies and organizations for fraud protection and credit risk reduction).
* As Part of a Merger or Sale of Business. We may disclose your Personal Information in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
* Named Market Research Partners. We may only share Personal Information with Named Market Research Partners that are explicitly named herein. For the removal of all doubt, the Named Market Research Partners for the purpose of this Application are The Nielsen Company (US), LLC ("Nielsen") and Sense360. For any Other Market Research Partners, we only share aggregated, anonymized and/or pseudonymized information, as set forth below.

Any Personal Information shared with Nielsen shall be protected as specified in the Nielsen Mobile Performance and Automatic Content Recognition Pilot Panel Privacy Notice, and is included in this document, which you hereby acknowledge that you have been provided in connection with your participation.

For users in North America, the Application may additionally share your device's precise geolocation and other details about your device (like hardware characteristics, a variety of sensor data, and a list of installed third-party applications) with our Sense360 on an ongoing basis, including when the Application is closed. This information is sent with the device's advertising identifier or another unique device-specific code. Sense360 may use all of this information to generate surveys for users, for market research and other research regarding aggregated patterns, and as further described in its Privacy Policy, which is located here https://sense360.com/privacy-policy/, and which has more detail on the entire process. For example, Sense360 analyzes restaurant visit trends to better serve its customers' needs. You can use your device settings to (i) disable or limit precise geolocation collection for the entire device (which will affect some device functionality) or just particular apps (which may affect the functionality of this app) and/or (ii) disable or limit use of the advertising identifier (which will block that identifier's transmission to Sense360).

2. Access to aggregated, anonymized and/or pseudonymized information by Other Market Research Partners

As part of our market research services, Embee may disclose aggregated, anonymized and/or pseudonymized information to Other Market Research Partners, not explicitly named in this Privacy Policy. For example, without disclosing Personal Information we may create reports and analyses based on information collected, combine information collected with other data that we hold or generate statistical models on user behaviors for our Market Research Partners. We use tools and other methods to make sure Personal Information is not present in the reports and data that we provide to Other Market Research Partners.


E. Selling of Personal Information

Except as otherwise set forth in this Privacy Policy, we will not sell your Personal Information to third parties.


F. Children and privacy

Our Services are not directed to people under the age of 18. If you are under 18 years of age, do not use our Services.

We do not knowingly collect Personal Information from people under the age of 18. If we learn that Personal Information of persons less than 18 years-of-age has been collected through our Services, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child or a minor under the age of 18 has posted, submitted or otherwise communicated Personal Information to our Services without your consent, then you may alert us at mpmsupport@embeemobile.com for COPPA monitoring so that we may take appropriate action to remove the minor's Personal Information from our systems.

In accordance with California's "erasure law" for minors, in the event that a minor under the age of 18 uses the Service, the minor may request that Embee delete information provided to Embee. Upon such a request, Embee will delete the information or provide the minor with (a) the ability to remove or request removal of content that the minor posted on the application; (b) notice and clear instruction on how to do so; and (c) notice that such removal may not remove all traces of such posting. Be aware that Embee may not have to comply with this removal requirement if: (i) federal or state law requires maintenance of the content or information; (ii) the content was stored or posted (or reposted) by a third party other than the minor; (iii) the operator anonymizes the content or information so that the minor cannot be identified; (iv) the minor received compensation or other consideration for providing the content; or (v) the minor does not follow the instructions provided by operator to request removal of content.


G. Links to third party services

Our Services may contain links to third party services not operated by us. These links are provided as a service and do not imply any endorsement of the activities or content of these sites, nor any association with their operators. Embee is not responsible for the privacy policies or practices of any third party including, without limitation, websites directly linked to our Services. We encourage you to review the privacy policies of any third party site that you link from our Services.


H. Security, storage and retention

1. Security

Embee takes reasonable technical and organizational precautions to protect the confidentiality, security and integrity of your Personal Information. Although we use security measures to help protect your Personal Information against loss, misuse or unauthorized disclosure, we cannot guarantee the security of information transmitted to us over the Internet. There is no guarantee that information may not be accessed, disclosed, altered or destroyed. You are responsible for maintaining the secrecy of your account information, and for controlling access to your email communications and personal accounts.

2. Storage

The Personal Information that you provide to Embee is generally stored on servers located in the United States. If you are located in another jurisdiction, you should be aware that once your Personal Information is submitted through our Services, it will be transferred to our servers in the United States and that the United States currently does not have uniform data protection laws in place.

3. Retention

We will store your Personal Information, in a form that permits us to identify you, for no longer than is necessary for the purpose for which the Personal Information is processed. We may retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically and reasonably feasible to remove it. Otherwise, we will seek to delete your Personal Information within a reasonable timeframe upon request.


I. International Users

We are headquartered in the United States. Your Personal Information may be accessed by us or transferred to us in the United States or to our affiliates, partners, merchants, or service providers who are located worldwide. If you are visiting our Services from outside the United States, be aware that your information may be (i) transferred to, stored, and processed in the United States where our servers are located, and our central database is operated and/or (ii) transferred to those third parties with whom we share it as described in this Privacy Policy. By using our Services, you consent to this transfer.

We will protect the privacy and security of Personal Information according to this Privacy Policy, regardless of where it is processed or stored; however you explicitly acknowledge and consent to the fact that Personal Information stored or processed in the United States will be subject to the laws of the United States, including, without limitation, the ability of governments, courts or law enforcement or regulatory agencies of the United States to obtain disclosure of your Personal Information.


J. Changes to this Privacy Policy

From time to time, Embee may update this Privacy Policy to reflect feedback from our users or changes to Embee policies. If there are material changes to this Privacy Policy or how Embee uses, shares or collects Personal Information, we will notify you by (i) revising the "Effective Date" at the top of this Privacy Policy, (ii) prominently posting an announcement of the changes on our Services, or (iii) sending you an email to the email address you most recently provided us in your account, profile or registration (unless we do not have such an email address). Users are bound by any changes to the Privacy Policy when he or she uses the Services after notice of such changes has been communicated. We encourage you to review this Privacy Policy regularly to ensure that you are familiar with our current practices.


K. Information correction and removal

1. Correction and Removal

If any of the information that we have about you is incorrect, or you wish to have information (including, without limitation, Personal Information) removed from our records, please contact us at mpmsupport@embeemobile.com for processing requests. We will respond to such inquiries within thirty (30) business days.

2. Your California Rights

FOR RESIDENTS OF CALIFORNIA ONLY. Section 1798.83 of the California Civil Code requires select businesses to disclose policies relating to the sharing of certain categories of your Personal Information with third parties. If you reside in California and have provided your Personal Information to Embee, you may request information about our disclosures of certain categories of Personal Information to third parties for direct marketing purposes. Such requests must be submitted to us at one of the following addresses: mpmsupport@embeemobile.com at Embee for processing such requests or Embee, Attn: California Privacy Rights, 525 Brannan Street, Suite 408, San Francisco CA, 94107.

Within thirty (30) days of receiving such a request, we will provide a list of the categories of Personal Information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this Section.

3. Your European Rights

FOR EUROPEAN RESIDENTS ONLY. If you are based in the EU, in certain circumstances, you have rights under the GDPR in relation to your Personal Information.

* Request access to your Personal Information. You may have the right to request access to any Personal Information we hold about you as well as related information, including the purposes for processing the Personal Information, the recipients or categories of recipients with whom the Personal Information has been shared, where possible, the period for which the Personal Information will be stored, the source of the Personal Information, and the existence of any automated decision making.
* Request correction of your Personal Information. You may have the right to obtain without undue delay the rectification of any inaccurate Personal Information we hold about you.
* Request erasure of your Personal Information. You may have the right to request that Personal Information held about you is deleted.
* Request restriction of processing your Personal Information. You may have the right to prevent or restrict processing of your Personal Information.
* Request transfer of your Personal Information. You may have the right to request transfer of Personal Information directly to a third party where this is technically feasible.

Where you believe that we have not complied with our obligation under this Privacy Policy or European data protection law, you have the right to make a complaint to an EU Data Protection Authority, such as the UK Information Commissioner's Office.

If you would like to exercise your rights, please contact us at mpmsupport@embeemobile.com for processing requests. We will respond to such inquiries within one month.


L. Cancelling Participation in the Services

Should you decide to stop participating in the Services, you may do so at any time by uninstalling the application and contacting Embee:

* By email to mpmsupport@embeemobile.com at Embee for processing such requests or
* By U.S. Mail post to: Embee, Attn: Cancelling Participation in the Services, 525 Brannan Street, Suite 408, San Francisco CA, 94107


M. Contact Us

If you have any questions about this Privacy Policy or our privacy practices, please contact us as follows:

* By email to mpmsupport@embeemobile.com at Embee for processing such requests; or
* By U.S. Mail post to: Privacy, Embee, 525 Brannan Street, Suite 408, San Francisco CA, 94107



TERMS AND CONDITIONS OF USE

Effective date: July 18, 2019

Thank you for downloading Mobile Performance Meter Application ("App") owned and offered by Embee Mobile, Inc., and its affiliates ("EMBEE"). EMBEE provides you with access to and use of the App subject to your compliance with the Terms. You should not access this App or use our services ("Services") until you have carefully read and agreed to these terms and conditions of use, including the Privacy Policy, which are collectively referred to as (the "Terms").


A. Use of this Application

When you download this App or you create an account on this App, by selecting "I agree" to the Terms and Conditions you are expressly agreeing to be bound by these Terms. We include the Terms' effective date at the top of the Terms. We may modify the Terms from time to time without notice to you; if we do we will post the revised Terms with a revised effective date. Check the Help section periodically to see our most current Terms. By using the App following any modifications to the Terms, you agree to be bound by such modifications.

This App may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically allowed in these Terms.

User age and access. By downloading and using this App you represent that you are 18 years of age or older.

License. The App, including all of its contents, such as text, images, and the HTML or other code used ("Materials"), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this App in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access our App and to use the information and services contained here.

In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the App or through the App for any purpose, subject to the express terms of this Agreement.

EMBEE makes the App available so that users may access the Services via a mobile device. To use the App you must have a mobile device that is compatible with the mobile service. EMBEE does not warrant that the App will be compatible with your mobile device. EMBEE hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that EMBEE may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and EMBEE and its third party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App.


B. Rules and Limits on Use; Modifications to the App

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the App, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so.


C. Specific Prohibited Uses

The App may be used only for lawful purposes by individuals using authorized services of EMBEE. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the App. EMBEE specifically prohibits any use of the App, and requires all users to agree not to use the App, for any of the following:

* Posting any information which is incomplete, false, inaccurate, unlawful, harassing, libelous, obscene, or not your own;
* Impersonating another person;
* Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
* Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
* Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
* Posting material that infringes on any other intellectual property, privacy or publicity right of another;
* Transmitting or transferring (by any means) information or software derived from the App to foreign countries or certain foreign nations in violation of US export control laws;
* Attempting to interfere in any way with the App's or EMBEE's networks or network security, or attempting to use the App's service to gain unauthorized access to any other computer system, or attempting to post or transmit any information that constitutes a virus, bug or other harmful item;
* Violating any terms or conditions or any other agreement you may have with any third party (including without limitation any employer) with regard to your use, possession, transmission or storage of data, or your retention of that third party's data without their permission;
* Violating any state, federal or local law or regulation, including without limitation any restrictions on transmission of data under the CAN-SPAM Act or the Telephone Consumer Protection Act.


D. Security Rules

Violations of system or network security may result in civil or criminal liability. EMBEE will, at its discretion, investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the App, including, without limitation, the following:

* Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
* Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
* Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the App, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services;
* Reverse engineering, reconstructing, copying, preparing derivative works or otherwise imitating the App, or
* Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.


E. Privacy Policy; User Information

In the course of your use of the App, you may be asked to provide certain information to us. EMBEE's use of any information you provide via the App or collected by the App shall be governed by our Privacy Policy contained within this document. We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.


F. Proprietary Rights

As between you and EMBEE, (or other Embee whose marks appear on or via the App), EMBEE (or the respective Embee) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the App, and is the copyright owner or licensee of the Content and/or information on the App, unless otherwise indicated.

Except as otherwise provided herein, use of the App does not grant you a license to any Content, features or materials you may access on the App and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the App is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by EMBEE. If you make use of the App, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the App.

The information on the App including, without limitation, all design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.

Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of EMBEE or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.

The EMBEE logos and service names are trademarks of EMBEE (the "EMBEE Marks"). Without EMBEE's prior permission, you agree not to display or use EMBEE Marks in any manner. Nothing on the App should be construed to grant any license or right to use any EMBEE Mark without our prior written consent.


G. Indemnity

You agree to defend, indemnify and hold EMBEE, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys\' fees, in any way arising from, related to or in connection with your use of the App, your violation of the Terms or the posting or transmission of any materials on or through the App by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.


H. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT:

THE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EMBEE DOES NOT WARRANT THAT THE APP OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. EMBEE MAKES NO WARRANTY THAT THE APP WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE APP, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

EMBEE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE APP. EMBEE IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF EMBEE.


I. LIMITATION OF LIABILITY

IN NO EVENT SHALL EMBEE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE APP OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF EMBEE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF EMBEE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE APP EXCEED, IN THE AGGREGATE, $100.00.


J. Applicable Law/Jurisdiction

You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the App may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with EMBEE or relating in any way to your use of the App resides in the state and federal courts of Los Angeles County, California, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Los Angeles County.


K. Notices

Notices to you may be made via either email or regular mail. The App may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the App.


L. Contacting Us

To contact us with any questions or concerns in connection with this Agreement or the App, or to provide any notice under this Agreement to us please email us at mpmsupport@embeemobile.com.


M. General Information

The Terms constitute the entire agreement between you and EMBEE and govern your use of the App, superseding any prior agreements between you and EMBEE. You also may be subject to additional terms and conditions that are applicable to certain parts of the App.

You agree that no joint venture, partnership, employment, or agency relationship exists between EMBEE and you as a result of this Agreement or your use of the App.

Any claim or cause of action you may have with respect to EMBEE or the App must be commenced within one (1) year after the complaint or cause of action arose.

The failure of EMBEE to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign the Terms or any of your rights or obligations under the Terms without EMBEE's express written consent.

The Terms inure to the benefit of EMBEE's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Copyright 2019 by Embee Mobile, Inc. All rights reserved.


Nielsen Mobile Performance and Automatic Content Recognition Pilot Panel Privacy Notice

Effective July 2016

Thank you for agreeing to join Embee's select group of panelists. By allowing Nielsen to measure both the quality of service you receive on your mobile phone and the media content containing audio signatures to which you are exposed, you help create Nielsen's consumer insight solutions.

Nielsen safeguards your identity. We are very protective of your information. Nielsen will NOT use your personal identifying information to advertise, promote, or market third-party goods or services directly to you. We will not license, publish or sell your name, email address, postal address, or mobile phone number. We use tools and methods to make sure that there is no reasonable possibility of identifying an individual in the reports that we create for our clients.

Location Services

Once the metering software has been installed on your device, Nielsen will periodically measure your lat/long location through GPS and Wireless Networks (WiFi and/or mobile networks), Bluetooth and beacons, if these functionalities are available on your device. Location data is collected in conjunction with the data elements further explained below. We also collect information on signal quality.

Nielsen Mobile Software Does Not Contain Any Spyware or Adware

We do not serve pop-up or pop-under advertising through the software and the software does not install hidden, ad-supported programs onto users' mobile phones.

Collection and Use

"Personally identifying information" means information that by itself - like your first and last name or personal email address - or in combination with other information could identify a specific individual.

We receive from Embee information such as:

* Phone Number
* IMEI/IMSI/ESN
* Name of Your Wireless Carrier
* Date or Year of Birth
* Device Make/Model
* Advertising Id

Once you have agreed to participate in the Mobile Performance and Automatic Content Recognition Pilot Panel that Embee administers on our behalf and the software has been installed and/or you have changed the settings on your mobile device, the Nielsen measurement software running on your device will automatically collect and transmit a range of other information, including personally identifying information, about you and any others that use your phone.

For example, the measurement software collects:

* The type, name and use of applications and games - we use this information to gauge how well the application performs on your carrier's network;
* The date, time, numbers dialed or received and duration of phone calls, but not the content of your voice communications - we use this information to measure mobile device and network functionality, including whether calls go through or are dropped;
* The date, time and numbers of sent/received text/picture messages - we use this information to gauge how well your carrier's network handles this type of transmission;
* The date, time, speed, networks (including Wi-Fi and SSID), and duration of data sessions - we use this information to evaluate how well your carrier's network performs;
* The battery, device stability and network performance of your device, including signal quality readings and information about failed calls and data transfers;
* If you respond to survey questions that are presented to you as a result of your participation as a panelist, the information you provide will be collected and used.
* Any audio watermarks or "fingerprints" that may be embedded in audio or video content to which you are exposed - we use this information to identify the programs you watch or the songs you hear when you have your mobile phone with you.

**Please note that the software activates the microphone on your mobile phone so that such audio signatures can be received.**

Nielsen does not listen to or record any of your phone calls. We also do not examine, store or record any of the contents of text or picture messages you send or receive. In addition, we do not read any of the contents of your other files or email messages stored on your mobile device.

We use the information collected to perform research and to prepare aggregated reports and analyses about the quality of service and content with audio signatures that consumers receive on their metered mobile device(s) or are exposed to within the presence of their metered mobile device(s). These include, for example, reports and analyses based on combined information that does not identify individual people. We may also use your behavior data to create statistical models of people that look like you and that we believe are likely to have the same interests and behaviors as you. For example, your gender, age, income, education, household size and mobile phone usage habits could be used to create a reflection of the general population as a whole whose traits are similar to yours.

Minors

Because the Nielsen Company requires Embee's mobile device performance and Automatic Content Recognition Pilot panelists to be at least 18 years of age, we do not knowingly collect personally-identifiable information from children under the age of 13.

If we find that we have collected personally-identifiable information from a child under 13, we will delete it immediately upon learning about it.

If you believe that we have collected the personally-identifiable information of your child under 13, please let us know by using the Contact Us form.[This should be a link]

You can also write to us at:
The Nielsen Company
Attn: Panel Privacy
101 Green Street
San Francisco, CA USA 94111

Sharing Your Information

As noted above, we do not provide our clients with any of the personally identifying information we receive from Embee or collect from metering your device, nor do we ever use this information for direct marketing purposes. We use tools and methods to make sure that there is no reasonable possibility of identifying an individual in the reports that we create for our clients. For example, we combine the data we collect from your mobile phone with the data of others to produce "aggregated" reports.

Occasionally we work with other companies for the purposes of data processing or market research product development purposes. Companies that are given access to your information in connection with providing services for us are contractually required to keep that information confidential and are not permitted to use this information for any other purpose except to carry out the services that they are performing for us.

We may release personally identifying information to third parties when disclosure is required by law or when necessary or desirable to exercise or preserve our legal rights, or to take action regarding potentially illegal activities, or to protect the safety or rights of any person or legal entity.

If all or part of Nielsen is sold, merged or otherwise transferred to an unrelated entity, your information, whether personally identifying or otherwise, may be transferred as part of that transaction.

Security

The security of data and the protection of personal information are essential to our success and credibility. We have in place certain security measures, including encryption methods and access protocols, to help protect the security and confidentiality of personally identifying information while controlled by us. We store your information for as long as needed for our research and analyses purposes and in accordance with law. Your information may be stored in the United States or elsewhere but in any event will be stored using administrative, managerial and technical measures to protect its confidentiality. Please remember that storage and communication of personal data cannot always be one-hundred percent secure.

Updates to This Privacy Notice

We reserve the right to update and make changes to this Privacy Notice and to our practices in collecting and handling personally identifying information. If we make a material change (the kind of change to the way we use your information that might make you reconsider participating in this Embee panel), we will notify you by either sending a message to the most recent email address you gave us or sending a text message (SMS) to your mobile phone. We will notify you at least 30 days before we plan to make a material change to give you time to resign from the panel if you want.

Your continued membership in this Embee panel after the effective date of any changes constitutes your acceptance of all of the changes.

Cancelling Participation

Should you decide to stop participating in this Embee panel, you may do so at any time by uninstalling the software application and contacting Embee at mpmsupport@embeemobile.com.

About Nielsen

Nielsen Holdings plc (NYSE: NLSN) is a global performance management company that provides a comprehensive understanding of what consumers Watch and Buy. Nielsen's Watch segment provides media and advertising clients with Total Audience measurement services across all devices where content - video, audio and text - is consumed. The Buy segment offers consumer packaged goods manufacturers and retailers the industry's only global view of retail performance measurement. By integrating information from its Watch and Buy segments and other data sources, Nielsen provides its clients with both world-class measurement as well as analytics that help improve performance. Nielsen, an S&P 500 company, has operations in over 100 countries that cover more than 90 percent of the world's population. For more information, please visit www.nielsen.com.

Contact

You can contact us about this privacy statement by going to the following link: http://www.nielsen.com/us/en/campaigns/privacy-policy-opt-out.html