Terms of Use

Effective Date: 1st August, 2020


Nielsen Media India Private Limited ("Nielsen", “We”, “Us”, “Our”) congratulates you (“User”, “You”, “Your”) for consideringusing Nielsen MORE (the “App”) on Your mobile phone. This App is provided by Nielsen having its office at 6th Floor, Block C, Godrej IT Park, Pirojshanagar, LBS Rd, Godrej & Boyce Industry Estate, Vikhroli West, Mumbai, Maharashtra 400079.

The App is intended for use by individuals like You who will be a part of the Nielsen MORE Panel (the “Panel”).

These Terms of Use are to be read in conjunction with the Privacy Policy, which details the steps that We take to protect Your personal data, in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”). We request you to kindly read; understand and acknowledge the terms set out herein and if you If you agree with the terms laid out in this document read with the Privacy Policy, please click the ‘I Accept’ button.


1. Data & Information Collection:

1.1. The App records and collects from Your mobile phone certain data (“Collected information”) including “personal information” (“PI”) and sensitive personal data or information (“SPDI”), as defined under the SPDI Rules and our Privacy Policy. Such information will be collected regardless of whether You are currently using the App or are connected to the Internet.

1.2 Collected information includes:

 

1.3. All PI that We collect or capture via the App will be aggregated or de-identified before use.

1.4. The Collected information is collected by Us, and is accessed in an anonymized, aggregated form by Amazon, located at 8th Floor, Brigade Gateway, 26/1 Dr. Rajkumar Road, Bangalore – 560055, India.

1.5. The Collected Information shall be utilized to provide services to Amazon which shall enable Amazon to understand in-app customer behaviour.

1.7 The Collected Information includes audio content recognition (ACR) data which is collected through an SDK embedded inside the App. This SDK is owned by ToneTag which shall also receive such Collection Information. To understand the manner of usage, the privacy of the information shared, please access the Terms of Use (https://www.tonetag.com/terms-of-use/) and the Privacy Policy (https://www.tonetag.com/privacy-policy/) of ToneTag.

1.8 Finally, we may also disclose Your information, including personal identifying information, to third parties whom Nielsen partners with for the purposes of panel management and data management such as classification and categorization. These third parties will nevertheless be contractually required to keep Your personal identifying information confidential and shall not be allowed to make use of it for any purpose other than those stipulated by Nielsen.

 

2. Safeguarding data:

2.1. The App uses minimum 128-bit AES (Advanced Encryption Standard) to encrypt personally identifiable User data collected duringregistration on the App.

2.2. This data collected is cleaned for any possible User identifiable data like email ids etc. using regex patterns and algorithms. The Collected information is anonymized before it is utilized for any reports and analysis. The reports are at an aggregated level and never at a User level.

2.3. We have a documented information security programme and information security policy titled the “Nielsen Cyber Security Policy”, which is periodically updated. As a part of this Policy, We have a dedicated cyber security team, which reports to the Chief Information Security Officer with a mission to protect data, detect malicious activity efficiently and respond rapidly.

3. Consumer access:

3.1. If a third party website does not allow User representation, the User has the means to disable App before utilizing the third party service.

3.2 User may view Personal Information and Sensitive Personal Information at any time by sending in an email request to more.support@nielsen.com and request for correction of any inaccurate or deficient information.

4. Proprietary Rights:

4.1. All rights, titles and interest including, but not limited to, copyright and other intellectual property rights in and to App are owned by Nielsen.  Such rights are protected by the copyright laws in India and also by the applicable copyright laws in the country of use, and international treaty provisions. Nielsen retains all rights in the App which are not expressly granted herein.

4.2. You shall not redistribute, sell, decompile, reverse engineer, or disassemble App. The App, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from Nielsen. Nielsen reserves the right to refuse permission to use this App to any individual or company without assigning any reason, and without giving any notice.

4.3 Any use, reproduction, or distribution of App is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

5. As Is Basis:

5.1. Except as expressly stated in these terms or the privacy policy, neither Nielsen, nor any of its affiliates, suppliers or distributors, make any specific promises, warranties, representations or commitments in relation to app , its contents, functions, services, reliability, availability or ability to meet any specific needs or requirements. To the extent allowed by law, app is provided to you on an "as is" basis and without warranties or conditions of any kind, whether oral or written, express or implied.

5.2 Nielsen specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement and fitness for a particular purpose.

6. General Disclaimer:

6.1. In order to maintain secured communications and reduce the possibility of fraud, You agree to protect the security of Your numbers, codes, marks, signs, public keys or other means of identification. You should keep your passwords, personal information and any other Collected information, confidential and take regular backups of your information that is stored on your device or on the App. This is particularly to ensure that there is no loss of information or files during any upgrades or use of the App. Nielsen shall not be liable for any of Your losses or damage which results from Your failure to secure Your means of identification as aforementioned. Nielsen does not assume any responsibility for loss of data or any other losses that result from installation, use, upgrade, or update of App if such loss of data or other losses is owing to an action or inaction at Your end in contravention to the statements above. You should take back up of Your data, information and files on a regular basis and before You begin any installation tasks.

6.2. In case You access, download or use any website, applications or connections through any means, connection, software or hardware, the consequence or use of which in any manner:

6.2.1. breaches any applicable local, national or international law or regulation;

6.2.2. harms or attempts to harm minors;

6.2.3. contravenes the virus and hacking provisions under any applicable local, national or international law or regulation

6.2.4. uploads, posts, email or otherwise transmits any content that is directed to inciting or producing imminent conduct that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable and is likely to produce such conduct;

6.2.5. impersonates any person or entity or otherwise misrepresents Your affiliation with any person or entity;

6.2.6. forges headers or otherwise manipulates identifiers in order to disguise the origin of any content transmitted through the system;

6.2.7. uploads, posts, email or otherwise transmits any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

6.2.8. uploads, posts, email or otherwise transmits any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", or "pyramid schemes";

6.2.9. interferes with or disrupts Nielsen's site's system or servers or networks connected to Nielsen's site's system, or disobeys any requirements, procedures, policies or regulations of networks connected to Nielsen's site's system;

6.2.10. collects or stores personal data about other users without their knowledge; or

6.2.11. promotes or provides instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.

6.3. Nielsen shall not be held responsible for Your acts or use.

7. Termination & Withdrawal of Consent:

7.1. Nielsen may terminate this Agreement and Your right to use App, or may modify the terms of this Agreement, at any time without notice or cause. Upon termination You must uninstall and destroy all copies of the Software.

7.2. App is so designed such that there is minimum intervention required from the User for its functioning. You have the right to terminate this Agreement and cease the use of this App at any time without notice or cause. This would apply should you wish to withdraw your consent to Us collecting the Collected Information. You may choose to do this by uninstalling the App. Once uninstalled, please send us an email stating so to more.support@nielsen.com, and mention the Registration ID (found on the home page of the app). Once uninstalled no further information shall be collected by Us from Your device. However, the information already collected shall continue to be used in an aggregated, anonymized form.

7.3. Violation of this Agreement may result in the immediate termination of Your rights to use App.


8. Limitation On Liability:

8.1. App is inherently complex and may not be completely free of errors; You are requested to take regular backup and copies.

8.2. Nielsen shall not be liable for security breaches on the App which are owing to lapses at the Your end as mentioned in Clause 6.1 above.

8.3. To the extent permitted by law, the total liability of Nielsen, and/or its affiliates, suppliers and distributors (as the case may be), for any claims under these terms or the Privacy Policy, including for any express or implied warranties, INR 1000/-.

9. Changes/Interruption in Service:

9.1. Nielsen may, on a regular basis, perform maintenance on its equipment and system which may result in interrupted services. Additionally, the availability and functionality of the software depends on various factors and elements, including software, hardware and communication networks, partially provided by third parties. These factors are not fault-free. We do not warrant or guarantee that the software will operate without disruption, limitations, delays, errors or interruptions, or that it will be accessible, or available at all times or immune from unauthorized access

9.2. Nielsen will attempt to provide prior notice of such interruption and changes. In the event that any personal data other than that included as a part of ‘Collected Information’ is collected by the App, prior notice will be provided.

10. Complaints, Disputes and Queries:

10.1.For any complaint, dispute or clarification or information about App or about the collection, retention or disclosure of Your information You may contact the customer service helpdesk at more.support@nielsen.com. We will use reasonable efforts to respond promptly to any requests, questions or concerns, which You may have regarding our use of Your personal information.

11. Governing Law:

11.1.This Agreement is subject to the Laws of India and the exclusive jurisdiction of courts in Mumbai, without any regard to international rules of conflicts of laws. Any dispute (including dispute in relation to applicability or validity of these terms and conditions or other jurisdictional proceeding for the enforcement of this Agreement or any provision thereof) shall be instituted exclusively in the competent courts of Mumbai.

12. User's Permission:

12.1.You Understand that by downloading or using App on Your mobile, the Collected information will be taken from Your device and used for the purposes mentioned above. If You agree to these terms and conditions, please indicate Your consent for the same by clicking the ‘I Accept’ button.

12.2. If You do not wish to provide Your PI and SPDI as part of the Collected information, please DO NOT install the App.

13. Grievance Redressal

If You have any grievance with respect to our use of Your information, You should first contact the Support team at more.support@nielsen.com. If you are not satisfied with the resolution provided, You may communicate such grievance to the Data Protection/Grievance Officer at more_commsupport@nielsen.com.