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Nielsen Consumer Panel Privacy Notice
Thank you for agreeing to join our select group of panelists!
For decades, Nielsen has set the global standard
for market and consumer insight research. Our insights are based
on representative samples of the population and
help our clients (e.g., manufacturers, retailers, media companies,
non-profit organisations, and government entities)
learn about what consumers watch, listen to, and buy. By
participating in the Nielsen Consumer Panel (the “Panel”),
your household is helping consumer packaged goods manufacturers
and retailers understand how consumers decide
which products to purchase or consume and influencing product
development and availability as well as programming
and advertising content.
As the controller of personal data processed in connection with
your household’s participation in the Panel, The
Nielsen Company (Australia) Pty Ltd, 11 Talavera Road, Building B,
Level 2, Macquarie Park, NSW, 2113
(“Nielsen,” “we,” or “us”), is committed to protecting your
privacy and handling personal data about you in an open
and transparent manner. This Privacy Notice explains how we use,
share, and protect the data we collect from or
about you in connection with your household’s participation in the
Panel and your interaction with the Panel website, please click
here
for the
“Website”. This Privacy Notice also explains your legal
rights in relation to such data.
Please note that this Privacy Notice applies only to data
collected and processed in connection with your household’s
participation in the Panel and your interaction with the Website.
This Privacy Notice does not apply to your
participation in any other Nielsen panels, studies, or surveys or
your interaction with or use of any other Nielsen
websites, applications, or online services administered or
provided by Nielsen’s group of companies. Other Nielsen
panels, studies, surveys, websites, applications, and online
services are governed by their own privacy notices, and
we encourage you to review those privacy notices before disclosing
any data.
To learn more about Nielsen’s group of companies, one or more of
which may also process your data in connection
with your household’s participation in the Panel and your use of
the Website, please click here. Your household’s
participation in the Panel is always voluntary. If you have any
questions about the Panel, this Privacy Notice, or your
data, please refer to the “Contacting Us” section below for our
contact information.
1. Our Privacy Commitment
2. Collection of Personal Data
3. Use of Personal Data
4. Cookies and Similar Technologies
5. Disclosures and Transfers of Personal Data
6. Your Choices and Legal Rights
7. Children’s Data
8. Data Security
9. Data Retention
10. Updates to this Privacy Notice
11. Contacting Us
1. OUR PRIVACY COMMITMENT
Nielsen is a privacy-conscious organisation and complies with all
applicable data protection and privacy laws,
including the Australian Privacy Principles. Indeed, it is crucial
for us to maintain the confidentiality of our panelists’
data in order to prevent any third-party interference with
panelists that could affect their behaviour and the accuracy
of our data and insights. We also will not use data that
identifies you to advertise, promote, market, or sell third-party
goods or services directly to you or other members of your
household.
2. COLLECTION OF PERSONAL DATA
As a potential or current participant in the Panel, we will
collect or otherwise obtain data relating to you in a variety of
ways. Such data may include personal data (i.e., data that alone
or in combination with other data identifies you as an
individual, such as your name, email address, phone number, and
other data that can be reasonably linked to you as
an individual). Additional details about the data we may gather
about you in connection with your household’s
participation in the Panel and the sources of such data can be
found below.
A. Data provided by you or a member of your household
During the recruitment and registration process or as part of a
research study, we will gather data about you and
other members of your household through the voluntary completion
of our online recruitment questionnaire and other
panel registration activities. The data requested may include your
name, mailing address, telephone number, email
address, and demographic data (e.g., your age, gender, occupation,
marital status, etc.) and similar data about the
other members of your household. You may voluntarily provide or
disclose to us sensitive personal data (in particular
if your household participates in a panel that involves the
healthcare industry), which is information that discloses or
reveals health or medical conditions, biometric or genetic data,
sexual orientation or sexual life, political
opinions/views, race/ethnic origin, religious and philosophical
beliefs, and trade-union membership.
Once your household has joined the Panel, you and/or another
member of your household will scan the barcodes of
your household’s purchases with a handheld scanner provided by us
(the “Scanner”) or by using the Nielsen
Consumer Panel mobile app (the “App”), and this information
will be passed to us automatically either weekly (if
using the Scanner) or immediately (if using the App). If your
household has been provided with the Scanner,
additional details about the data collected via the Scanner can be
found below. If you have downloaded and installed
the App on your mobile device, we encourage you to review the
App’s privacy notice to learn more about its data
collection practices.
While your household is actively participating in the Panel, we
will periodically request your voluntary completion of
questionnaires or participation in surveys or studies administered
by us in order to better understand your views,
preferences (e.g., your favorite breakfast cereal brand), and/or
purchasing habits (e.g., when, where, and/or how
frequently you shop for groceries). In connection with these
questionnaires, surveys, and/or studies, we may gather
additional information about you and the other members of your
household that is voluntarily provided to us.
B. Data collected in connection with your use of the Website
and interaction with content and advertising
In certain cases, we (or third parties) may collect
data about your device(s) using cookies and other similar
technologies. This data may include your device’s internet
protocol (IP) address, unique device identifiers, device
model, operating system and version, browser type and language,
and other transactional data (e.g., pages visited
and access dates and times). Additional information about our use
of cookies and similar technologies can be found
in the “Cookies and Similar Technologies” section below.
C. Data collected by Nielsen-supplied equipment
The Scanner that is provided to your household after joining the
Panel is designed to help your household share
purchase data and other data with us. In particular, your
household will use the Scanner to record the products that
your household buys and share other relevant information with us
(e.g., when you and other members of your
household are away from home on holiday, business travel, etc.).
The Scanner also records timestamps when you or
another member of your household records purchases, completes a
survey, or reads a message on the Scanner.
Your household will receive additional details about the Scanner,
including instructions on installation and use of the
Scanner and its features, after joining the Panel.
D. Data we obtain from other sources
We may obtain data about you from other sources, generally
relating to your demographic characteristics; what you
watch, research, or buy; and your exposure to certain content or
advertising. We also obtain data from third party
panel providers who help us recruit for our panels.
We may obtain this data from various sources, including but not
limited to:
- public sources (e.g., public databases, social media,
etc.);
- the manufacturers and sellers of goods and services that you
or
your household purchase or use;
- third-party websites or mobile apps that you use and are
authorised to share data with us;
- third-party (non-Nielsen) panels of which you or your
household
are a member;
- Nielsen measurement products, including Nielsen panels that
you or
your household participate in;
- companies and retailers that offer "customer loyalty"
programs;
and
- data providers and data-matching service providers.
We may combine the data that we collect or otherwise obtain about
you with data from these additional sources.
E. Data we do not collect
We do not collect identification numbers (e.g., passport or
national identity numbers) or financial information (e.g.,
bank account or credit card numbers).
3. USE OF PERSONAL DATA
We use personal data for the purpose(s) for which it was collected
or provided to us (as stated at the point of
collection) or as otherwise obvious from the context of
collection. For example, the data that we request during the
recruitment process is used to determine your household’s
eligibility for participation in the Panel.
Once your household has joined the Panel, personal data is used to
help us create a variety of market research
insights for our clients. We combine personal data you provide us
with research tools and information from other
sources to generate market research insights. For example, we
receive information from our affiliates regarding
advertisements you viewed online, which allows us to see if items
you purchase were affected by online
advertisements. These insights, in turn, help our clients make
informed decisions about various topics, such as the
products that they manufacture or stock in their stores, which
advertising method(s) to use (e.g., online/digital
advertising, mobile advertising, print advertising, broadcast
advertising, etc.). Our clients may also use our insights to
understand, among other things, the types of products consumers in
different demographic groups would be likely to
buy and whether residents in a particular neighborhood would be
likely to shop at a specialty store if it was nearby.
When we prepare reports and share insights with our clients, we
use tools and methods that are designed to ensure
that there is no reasonable possibility of identifying any
participants in the Panel. For example, if you complete a
questionnaire or survey, we will combine your responses with the
responses of other respondents in order to produce
reports with aggregated data from which you cannot be identified.
We may disclose personal data or survey
responses to third parties as follows: (a) from time-to-time we
may request that you participate in projects or studies
that would involve sharing identifiable data with our clients, but
we will notify you of that when we request your
participation, and (b) otherwise as listed in Section 5 of this
Privacy Notice.
We and our affiliates also create reports based upon “modeled
data” (i.e., projections based on demographic and
behavioural characteristics, such as age, gender, product
purchases, or TV watching habits) that look at a sample
group of people and predict what people with similar
characteristics or preferences might watch or buy. This allows
advertisers, for instance, to identify the likely audience for a
marketing campaign. Please review the section on
cookies, below, for one example of how we (and our affiliates)
create reports based on “modeled data”.
In addition to using your data for our research purposes as
described above, we may use your data to:
- operate and manage the Panel;
- provide you with information about your participation in the
Panel, such as how to redeem your rewards
points;
- communicate with you via any means (including via email,
telephone, text message, or postal mail) about
the Panel and/or the Website, respond to your inquiries and
requests, or update/validate the data that we
hold about you;
- contact you with information about our business, services, and
events as well as other information that may
be of interest to you, such as offers to participate in other
panels, studies, or surveys administered by us or
other Nielsen entities (subject always to obtaining your prior
opt-in consent to the extent required under
applicable law);
- operate and manage the Website and customize or personalize
your user experience and the content we
deliver to you when using the Website;
- operate and manage our IT and security systems, including to
monitor such systems and identify and
respond to security events;
- conduct research for quality assurance and product, service,
and business development purposes;
- facilitate the day-to-day operations and financial management
of the Nielsen group of companies and any
corporate transactions (e.g., a reorganization, merger, sale,
joint venture, assignment, transfer, etc.);
- protect the rights, safety, property, or operations of one or
more Nielsen entities, you, or others;
- comply with applicable laws and regulations and establish,
exercise, and/or defend the legal rights of one or
more Nielsen entities; and
- respond to requests and communications from law enforcement
authorities or other government officials.
Please note that because we are continually adapting our
services to evolving consumer and media consumption
patterns, we may also use your data in ways that we have not
developed yet, in which case we will provide you with
additional information as our practices change.
4. COOKIES AND SIMILAR TECHNOLOGIES
A cookie is a small amount of data, which often includes a unique
identifier, sent to your browser from a website's
computers and stored on your computer’s hard drive. We may use
cookies (i.e., small text files placed on your
device) and similar technologies (e.g., web beacons, pixels, and
ad tags) to enable certain features and functionality
and collect additional data that helps us improve the Website and
better deliver our services to you. In particular, we
may use cookies (session and persistent cookies) to:
- Identify your browser or device, display information more
effectively, provide you with tailored content, and
gather statistical information about how you use the Website;
- To detect and defend against fraud and other security
purposes/risks in order to protect the Website’s
visitors; and
- On occasion, we use cookies to understand your exposure to
certain Internet advertisements as you surf the
Web.
If you do not wish to have data collected from your device by
cookies and similar technologies, most browsers allow
you to control and decline the use of cookies through the browser
settings. Please note, however, that if you decline
the use of cookies or limit the ability of the Website to set
cookies, some of its features may not work properly.
Advertising Effectiveness and other Cookie-Based Opportunities
Our Advertising Effectiveness Program and Other Cookie-Based
Opportunities allows us to create a much more
rounded picture of households’ shopping habits such as by, for
example, seeing if the items purchased have been
affected by online advertisements. We do so by using cookies.
The Advertising Effectiveness Program-related cookie placed on
your device enables us to store information on your
browser, such as a unique cookie ID and Homescan panel ID, and
access such information at a later date. When
you visit an online advertisement or website containing a Nielsen
pixel tag, we (or our affiliates) are able to read the
information stored in the cookie, record the time that you viewed
the advertisement or website, and collect additional
information about your device and browser (e.g., device type and
model, operating system and version, IP address,
and location (derived from the device’s IP address)). To the
extent that this data constitutes personal data or is
combined with any of personal data about you, we will handle it in
accordance with this Privacy Notice. If you wish to
not participate in Advertising Effectiveness Program, please
click here to get an opt-out cookie.
In addition, a Nielsen Marketing Cloud-related cookie is placed on
your device. This program helps us and our
affiliates (e.g., the Nielsen Marketing Cloud) create reports and
insights based on “modeled data” to predict what
people with similar characteristics or preferences would buy. To
do this, we provide information about your product
purchases and our insights derived from product purchases (e.g.,
that you like a certain product) to Nielsen Marketing
Cloud by synching your Homescan panel ID to a Nielsen Marketing
Cloud ID via a cookie matching process. Nielsen
Marketing Cloud analyzes this information to create a
probabilistic model that can predict someone’s interest in a
product (e.g., the rules or criteria used to predict someone’s
interest in a product). Nielsen Marketing Cloud will then
apply this model to its existing data to identify people who have
similar characteristics or preferences. This allows
advertisers, for example, to identify the likely audience for a
marketing campaign.
Please note, Nielsen Marketing Cloud does not use the information
we provide them for advertising purposes – only
to create the model. Please note, however, if you browse the
Internet and Nielsen Marketing Cloud independently
tracks you, they will process any personal data collected per the
Nielsen Marketing Cloud Privacy Notice.
If you wish to not participate, please click here to
get an opt-out cookie.
5. DISCLOSURES AND TRANSFERS OF PERSONAL
DATA
In connection with one or more of the purposes outlined above, we
disclose personal data to:
- other entities within the Nielsen group of companies;
- our clients and other third parties, such as market research
companies (in accordance with market research
industry ethical guidelines), who are contractually bound to keep
information disclosed confidential and use
it only for research or statistical purposes, as well as
organizations and institutions engaged in historical,
academic, or longitudinal research;
- third parties if necessary to complete any transaction you
have requested or authorized or to provide you
with a requested product or service;
- affiliated or non-affiliated third-party service providers,
including providers of the following services (among
others): website or application hosting, management, or support;
data analysis or processing; data backup;
data security and storage; data matching; panelist recruitment;
product development; and other services
(subject to binding contractual obligations of confidentiality and
security);
- relevant third parties as part of a corporate transaction,
such as a reorganization, merger, sale, joint venture,
assignment, transfer or other disposition of all or any portion of
our business, assets, or stock (including in
connection with any bankruptcy or similar proceedings);
- competent governmental and public authorities, in each case
to comply with legal or regulatory obligations
or requests or for the purposes of reporting any actual or
suspected breach of applicable law; and
- other third parties as we believe to be necessary or
appropriate for legal purposes.
All of the disclosures described above may result in the transfer
of personal data about you to countries or regions
with data protection laws that differ from those in your country
of residence and do not provide an “adequate level” of
data protection. Countries in which recipients are likely to be
located include those where Nielsen has offices,
including the United States of America, Canada, the European
Union, and India. By providing us with personal data
about you, participating in the Panel, and/or using the Website,
you are acknowledging that personal data about you
may be transferred to countries outside of your country of
residence. In cases where personal data about you is
transferred outside of your country of residence, we will ensure
that there are adequate safeguards in place to protect
personal data.
6. YOUR CHOICES AND LEGAL RIGHTS
Participation in the Panel is always voluntary. If your
household
would like to cease participating in the Panel, please
contact us using the contact information in the “Contacting Us”
section below.
You also have choices about how we handle the personal data that
we collect or otherwise obtain about you in
connection with your household’s participation in the Panel, and
we are committed to providing you with reasonable
access to personal data about you and the ability to review and
limit the use of such data in accordance with
applicable law.
While personal data about you remains identifiable, you have the
right to ask for access to personal data we hold
about you and ask that we correct that personal data, subject to
some exceptions. You may update your profile
information at any time. You may also contact the Privacy Officer
at
PrivacyAU@nielsen.com to update personal
data we hold about you or gain access to personal data about you.
You will need to verify your identity and specify
what information you wish to access or correct. If we cannot
provide you with access to that information or cannot
correct such information, we will provide you with written notice
explaining the reasons for such refusal.
If you believe we have breached the Privacy Act 1988 (Cth) as
amended (including the Australian Privacy Principles),
you may complain to the Privacy Officer using the details listed
above. The Privacy Officer will investigate your
complaint and advise you whether the complaint has been upheld
and, if so, the action taken. If your complaint is not
resolved to your satisfaction within 30 days, you may refer the
complaint to the Office of the Australian Information
Commissioner. In Australia, Nielsen operates under the following
legal entities: The Nielsen Company (Australia)
Pty. Ltd., ACNielsen Research PTY. Ltd., NetRatings Australia Pty
Ltd., and Nielsen Television Audience
Measurement Pty. Ltd. You can find out more about us at
https://www.nielsen.com/au/en/
7. CHILDREN’S DATA
We generally seek to collect data about every member of households
participating in the Panel, including children.
We also understand the importance of protecting children’s
privacy. A parent or legal guardian must contract via the
Panel Membership Agreement on behalf of each child in the
household in order for us to process the child’s personal
data. We will handle all personal data relating to both adults and
children of any age up to 18 years (following
authorization from a parent or legal guardian) in accordance with
this Privacy Notice.
8. DATA SECURITY
We have in place reasonable organisational, technical, and
administrative measures that are designed to protect
personal data about you from loss, misuse, and unauthorized
access, disclosure, destruction, and other forms of
unlawful processing while it is under our control. However, please
be aware that the storage and transfer of data
cannot always be one-hundred percent secure.
9. DATA RETENTION
We will retain your data for as long as needed for the fulfillment
of the purposes described in this Privacy Notice,
unless applicable law or professional or legal obligations
requires a longer retention period.
10. 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 personal data from time-to-time. If we were to make a
material change (the kind of change to the way we
use personal data that might make you reconsider your
participation), we will notify you and we will provide you with a
copy at least 30 days prior to its implementation, giving you time
to resign from the panel if you want. You may view
the currently effective privacy notice at any time from by
visiting the Panel member Website or by calling us on our toll
free number and requesting a copy.
The most current version of this Privacy Notice will always be
available on the Website. We encourage you to visit the
Website periodically to remain informed about how we are using and
protecting personal data about you.
11. CONTACTING US
If you have questions about the Panel, please contact your Nielsen
Representative at: Freecall Helpline 1800
022 045
If you have questions about this Privacy Notice or our data
handling practices, please email the Nielsen privacy
mailbox at: privacy.department@nielsen.c
om, the Australian privacy mailbox at
PrivacyAU@nielsen.com,or write us.
This Privacy Notice replaces any other statement, whether
written or oral, made to you about our practices
with respect to Nielsen’s collection and use of personal data
about you in connection with the Panel and/or
the Website.
THANK YOU – WE APPRECIATE AND VALUE
YOUR PARTICIPATION!
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.
Nielsen Homescan panel Membership
Agreement
Dear Panel Member,
Thank you for being a member of our Nielsen panel. Our panels form
an important part of how we
and the wider Nielsen group of companies provide outstanding
worldwide market research,
information, and analysis. We are grateful to you and the other
members of your household for
taking part.
Nielsen is among the world’s leading media and market research
companies. Our goal is to provide
exceptional data and insights regarding what consumers watch,
listen to, and buy. Companies rely
on Nielsen’s insights to make business-critical decisions
regarding their Internet and media
advertising strategies as well as their products and services.
Reliability and trustworthiness of our
insights as well as the data and people on which they are based,
therefore, is crucially important
for us.
We are making some changes to the Nielsen Consumer Panel
Membership Agreement (the
“Agreement”), which governs your household’s participation in our
panel and establishes our
mutual rights and obligations. Given the importance of protecting
our panelists’ personal data, we
have included detailed information about what personal data we
collect and what we do with it in
an annex to this agreement, the Nielsen Consumer Panel Privacy
Notice (the “Privacy Notice”),
which can be found here at the panel member
website.
Under the Agreement, you will act as a Household Representative on
behalf of all members of
your household. It will be your responsibility to (i) ensure that
all of the other members of your
household understand that Nielsen will be collecting or otherwise
obtaining data relating to them
and your household; (ii) make the Privacy Notice available to
them.
We encourage you to carefully read through these documents to
ensure that you are happy with the
changes we are making. If you are, please click on “I accept” in
the banner above.
If you or any of your household members do not agree with the
terms of the Agreement (including
the Privacy Notice), please contact us, as this may affect your
ongoing membership. If you have
any questions or concerns or would like to discuss these changes,
please contact your Nielsen
Representative via our freecall Helpline on 1800 022 045 or
email
homescan.helpline.au@nielsen.com.
Best regards,
The Nielsen Team
Nielsen Consumer Panel Membership
Agreement
This Nielsen Consumer Panel Membership Agreement,
including the Nielsen Consumer Panel Privacy Notice
(the “Privacy Notice”), which is expressly incorporated
herein (collectively, this "Agreement"), governs your
household’s participation in the Nielsen Consumer
Panel (the “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: Parties to this Agreement are you and the other
household members you represent (“You” or “Your”),
and The Nielsen Company Level 2 Building B 11
Talavera Road Macquarie Park NSW 2113 part of
the Nielsen group of companies ("Nielsen", “We”, or
“Us”). You can find more information about the
Nielsen group of companies at
https://www.nielsen.com/eu/en/legal/privacy-statement/gdpr-
operating-entities/
Our commitments
- We will collect and use the personal data we obtain
from or about You, including through Your use of a
handheld barcode scanner and cradle that we provide
You with (our “Data Collection Equipment”) and/or
the Nielsen Consumer Panel mobile application (the
“App”) that You install on Your smartphone or mobile
device (“Device”) in accordance with all applicable
laws and as described in this Agreement (including the
Privacy Notice) and the App’s 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 in the Panel, we
may contact You to perform initial or additional
surveys. We guarantee that Your participation in such surveys will
always be voluntary. These surveys will be
carried out by pen and paper, email, or other electronic
means.
- We may offer You, at our discretion, certain gifts
and/or other incentives.
Your Commitments
You expressly represent and warrant:
- That You are at least eighteen (18) years of age and
competent to enter into the contract.
- That You are the owner or an authorized user of any
Device onto which You allow the downloading of the
App.
- That You represent all of Your household members
and have made the Privacy Notice available to them.
- That all data You provide directly to Nielsen is
complete and accurate and You will confirm its
accuracy or update it from time to time as requested by
Nielsen.
- That You will use our Data Collection Equipment
and/or the App in accordance with its intended use and
technical specifications, enable Nielsen to provide
patches or upgrades to our Data Collection Equipment
as needed and cooperate with our investigation and
remedial actions in the event of any type of incident
affecting our Data Collection Equipment. You, and
other members of your household and/or visitors, agree
not to modify or harm our Data Collection Equipment
in any way (including in any manner which might affect
our data collection). Our Data Collection Equipment is
provided by Nielsen without cost to You, but you
remain responsible for keeping it plugged in or charged
in order to enable its operation.
- That You acknowledge and agree that the personal
data that we collect from You directly or otherwise
obtain in connection with Your participation in the
Panel can be transferred from your country of residence
to Nielsen’s service providers (including other entities within
the Nielsen group of companies) based outside
of Australia, including in the United States, India, and
other locations where Nielsen does business.
- That You accept that we may change all aspects of the
Homescan panel at any time and at our discretion. This
includes our incentive scheme, scanning processes,
compliance requirements, survey eligibility, the amount
of information needed from you and more. Depending
on the scale of the change, Nielsen will inform you via
written correspondence.
Participation: You will be one in a select group of
households across Australia participating in the Panel.
You will receive instructions from Your Nielsen
Representative on Your role in providing data or
assisting Us in our data collection.
Confidentiality: To ensure the statistical accuracy
of
Nielsen’s data, which is one of the express purposes of
this Agreement, by participating in the Panel, You agree
that You will not disclose Your participation to anyone
directly involved in the manufacture, marketing, or
retail of consumer packaged goods and not reveal in
any manner on the Internet, personal web pages, chat
rooms, or any other medium that You are a current
member of or previously participated in the Panel.
Gifts: You may be eligible to receive periodic
gifts/incentives in consideration for Your ongoing
participation in the Panel. You can request more
information about this from Your Nielsen
Representative.
Equipment: In connection with Your participation in
the Panel, we primarily collect data through our Data
Collection Equipment provided to you by Us. We will
also collect data through the App if you download and
install it on Your Device.
Data: Data from our Data Collection Equipment is
automatically transmitted to us multiple times each
week.
If at any point Your participation in the Panel ends, You
agree to return our Data Collection Equipment or to
safely dispose of it if requested by Us.
Exclusion of Guarantee: Except to the extent that
such
exclusion is prohibited under applicable law, our Data
Collection Equipment 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 of the risks ensuing
from the use or from the installation and use of our Data
Collection Equipment and Your participation in the
Panel.
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 of
activity, loss of data, or any other financial loss)
resulting from the use of or the impossibility of using
our Data Collection Equipment or by virtue of Your
participation in the Panel.
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.
Nielsen Property: We own our Data Collection
Equipment and You may use it only for the purpose of
participating in the Panel. You may not:
- decompile, reverse engineer, or disassemble it;
- distribute or dispose of it, unless explicitly
asked by Us to dispose of it (such disposal
must be done in a safe manner);
- permit the use of it outside of Your home;
- modify it;
- remove any proprietary or copyright notice
from it.
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 of the
Trademarks or trade names 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.
Personal Data: Under this Agreement, Nielsen will
process Your personal data, which is protected under
international, and Australian data protection laws (e.g.,
The Australian Privacy Principles, contained in
Schedule 1 of the Privacy Act 1988. We obtain data
directly from You (e.g., Your personal details, contact
details, and demographic information), indirectly
through our Data Collection Equipment and/or the App,
and from certain third parties (e.g., data providers and
data
-matching service providers). An explanation of
what personal data We collect and how We process it is
set out in the Privacy Notice, which also contains
information on Your legal rights as a data subject and
how You can apply these in practice. We may amend
the Privacy Notice from time to time and will notify
You in advance of any material changes coming into
effect. The most current version of the Privacy Notice
will always be available here at the panel website.
Term and cancellation: This Agreement enters into
force upon acceptance and will continue as long as our
Data Collection Equipment is installed in Your home
and/or the App is installed on Your Device. If You
would like to cancel Your membership for any reason,
You can do so by contacting Us, returning our Data
Collection Equipment, and/or uninstalling the App from
Your Device. You may request that Nielsen
permanently remove your personal data at any time.
Nielsen reserves the right to cancel Your participation
in the Panel at any time and for any reason, in its sole
discretion. In particular, but without limitation, in the
event of any unauthorized, fraudulent, or otherwise
improper use of our Data Collection Equipment.
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 Australia
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