This end user license agreement (\"EULA\") creates legal obligations between you and Embee Mobile, Inc. (\"Embee\"). Please read this EULA carefully before installing or using the software provided with this EULA (the \"Software\") on your mobile device or other computing device (collectively, \"Mobile Devices\"). BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE.
1. Participation in Performance Panel. You acknowledge that you are receiving access to the Software in connection with your participation on a panel (the \"Panel\") designed to develop, test, and/or bring to market products or services that, among other features, leverage Software (\"Panel Participation\").
2. Grant of Rights to You. Subject to the terms and conditions of this EULA, you are granted, during the Term of this EULA a limited non-exclusive license to install and use the Software solely for purposes of Panel Participation. You have no rights in the Software other than those limited rights expressly provided in this Section, and Embee reserves all other rights. You shall not seek to, and shall not enable or assist another to decompile, reverse engineer, disassemble, or modify the Software in any way.
5. Assignment of Rights to Embee. You hereby transfer and assign to Embee your rights (including intellectual property rights) in feedback, suggestions, survey responses, innovations, or other contributions you might make with respect to the Software in connection with you Panel Participation. You understand and agree that you are not entitled to compensation from Embee for this assignment and transfer.
6. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THE SOFTWARE IS PROVIDED \"AS IS\" AND \"AS AVAILABLE.\" EMBEE HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7. Limitation of Liability. IN NO EVENT SHALL EMBEE OR NIELSEN BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES (INCLUDING DAMAGE TO YOUR MOBILE DEVICE), ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EMBEE\'S OR NIELSEN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF TWENTY-FIVE DOLLARS ($25.00). THIS LIMITATION SHALL APPLY EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8. Termination. This Agreement shall terminate upon the earlier of (a) completion of your Panel Participation, (b) your receipt of a notice by Embee (or by its business associate, Nielsen) that this Agreement or the Panel has been terminated (a \"Notice of Termination\"); or (c) your failure to comply with your obligations under this EULA (the \"Term\"). The Notice of Termination identified in subsection (b) above shall be deemed effective (i) upon the sending of an associated email to the email address you provide in connection with your Panel Participation; (ii) the posting of such Notice on the Embee website and/or website associated with the Panel (if any); or (iii) five (5) days from the sending of a first class letter to the mailing address you provided in connection you’re your Panel Participation. Upon the termination of this EULA, you must cease all use of the Software and destroy all copies, full or partial, of the Software. Those provisions of this EULA that, by their nature, should survive termination shall survive termination, including Section 5 (Assignment of Rights to Embee); Section 6 (Disclaimer of Warranties); and Section 7 (Limitation of Liability).
9. Controlling Law; Complete Agreement. This EULA will be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law principles. This EULA constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by Embee.
Effective August 15, 2013
Thank you for agreeing to join Embee’s select group of panelists. By allowing Nielsen to measure the quality of service you receive on your mobile phone, 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 goods or services directly to you and we do not allow our clients to market 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.
Nielsen employs a third party's technology for the metering software that you download. Once the software has been installed on your device, Nielsen will periodically measure your location through GPS and Wireless Networks (WiFi and/or mobile networks) if this functionality is available on your device. Location data is collected in junction 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 by itself – like your first and last name, home postal address or personal email address – or in combination with other information that could identify a specific individual.
We receive from Embee information such as:
* Home Address
* Work Address
* Email Address
* Phone Number
* Name of Your Wireless Carrier
* Date of Birth
* Device Make/Model
Once you have agreed to participate in the Mobile Performance 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 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 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.
* Carrier IQ receives these data on Nielsen’s behalf and at Nielsen’s direction. Nielsen and Carrier IQ do 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.
Carrier IQ does not use, for its own purposes, any information that identifies you. Carrier IQ uses non-identifiable data in aggregate or anonymous form only to develop and improve its diagnostic and analytics services.
Because the Nielsen Company requires Embee’s mobile device performance 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.
You can also write to us at:
The Nielsen Company
Attn: Panel Privacy
101 Green Street
San Francisco, CA USA 94111
Sharing Your Information
We do not provide our clients with any of the personally identifiable 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.
We use the information collected to perform research and to prepare aggregated reports and analyses about the quality of service consumers receive on their mobile devices. 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.
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 identifiable 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 identifiable or otherwise, may be transferred as part of that transaction.
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.
Your continued membership in this Embee panel after the effective date of any changes constitutes your acceptance of all of the changes.
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 email@example.com.
The Nielsen Company (NYSE:NLSN) is a global information and measurement company with leading market positions in marketing and consumer information, television and other media measurement, online intelligence, mobile measurement and related assets. The company has a presence in approximately 100 countries, with headquarters in New York, USA. For more information on The Nielsen Company, visit www.nielsen.com.
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