Mobile Panel Membership Terms

AppOptix Mobile Panel Membership
Strategy Analytics, Inc.
Revised: October 28, 2014
Effective: November 14, 2014

THIS DOCUMENT OUTLINES THE AGREEMENT BETWEEN STRATEGY ANALYTICS (SA) AND PANELISTS WHO PARTICIPATE ON SA’s AppOptix MOBLE PANEL. PLEASE READ THIS AGREEMENT IN ITS ENTIREETY. YOU MUST AGREE TO ALL OF THE TERMS AND CONDITIONS PRESENTED HEREIN IN ORDER TO PARTICIPATE AS A PANELIST. AS THE TERMS OF PARTICIPATION MAY CHANGE FROM TIME TO TIME YOU SHOULD CHECK BACK TO SEE ANY UPDATES.

1. INTRODUCTION

 Strategy Analytics, Inc. hereinafter referred to as (SA) is a technology market research and consulting firm headquartered at 199 Wells Avenue, Newton, Massachusetts 02459. SA is considered to be a leader in mobile market research. To further enhance its service offerings SA is developing a Mobile Panel under its AppOptix program which will consist of mobile device owners (smartphones and tablet computers) over 18 years old who own and use smartphones and tablet computers and wish to participate in SA’s AppOptix Mobile Panel for research purposes. As a panel participant in SA’s AppOptix Mobile Panel you will be asked to provide some personal information about yourself, answer a brief survey, and then agree to all of the terms and conditions in this Agreement, and you, as the participant must agree to take part in the research and agree to install AppOptix Software (the Software) on your device(s) (either smartphone, tablet, or both.)

2. BECOMING AN SA AppOptix MOBILE PANEL MEMBER

SA is responsible for managing the AppOptix Mobile Panel and determining who is eligible to join based on several factors that include demographics, such as age, gender, household income, geographic region, service provider used, device(s) owned and other factors that help to ensure the panel accurately reflects a composite of the population being researched. In order to participate in the panel you must meet these criteria, which may change from time to time, based on SA’s requirements, and agree to all of the terms and conditions outlined in this document and to SA’s Privacy Policy found separately from this document.

In addition, you must be 18 years old to participate as an SA AppOptix Mobile Panelist. SA reserves the right to terminate anyone who it suspects is not at least 18 years old.

After agreeing to the terms and conditions and reviewing and agreeing to the Privacy Policy, you will be provided with instructions on how to download a mobile application onto your mobile phone or tablet computer. Expected time for downloading and activating the software should require less than 10 minutes. Once properly installed this software runs on your device and collects certain data on the device before sending it to SA. You will also be asked to complete a brief survey that provides information on your device and the demographic factors mentioned earlier. This survey is part of the registration process and is required to be completed in order to be a panelist and earn rewards.

You must use your primary email address to register and use this address throughout your participation in the panel. Any communications with us should be done using only your primary email address so that we are able to identify and resolve any account related issues.

As a panelist you may load this Software on only one smartphone and/or tablet computer and these devices must be the primary devices that you use on a regular basis.

SA rewards are only issued to those panelists whose devices are showing a syncing process with the SA servers. You should monitor your account to ensure you are receiving points each week which indicate your device is syncing with SA servers. In the event of an issue you should contact SA immediately at support@indiachecks.com

The terms and conditions contained in this document, combined with the SA Privacy Policy, outline your Membership in the SA Mobile AppOptix Panel and form an agreement between you and SA.

3. ABOUT THE AppOptix SOFTWARE

You can install the AppOptix Software on one mobile phone and/or tablet computer that you identify during the membership registration process. Please note that you may install the Software only on the mobile phone or tablet computer which you own or have the right to use and which is your primary device(s). The Software will send reports on a programmed basis to SA's computer system which may be housed at various locations and by third parties authorized by SA to host that data. SA may update the Software by sending new versions to the participant's mobile phone and/or tablet computer and you will be notified if a new update is available or issued. It is the panelists’ responsibility to update to the latest release of the AppOptix software when available and failure to update once notified of the availability of an update may lead to SA suspending your participation. Once the data is received by SA we will then analyze the data, and those results will be then made available to SA’s analysts and clients.

Please be advised that it is SA’s goal to provide results, reports, and data access that can be viewed in aggregate form only, meaning that no specific information about you personally will be made available to external SA clients.

As a Participant you agree to:

  • The terms and conditions as established in this document
  • The SA Privacy Policy found separately from this document
  • Use the Software only for private, non-commercial purposes
  • Follow any instructions provided by SA in the loading/unloading of the software
  • Comply with applicable laws,
  • Respect the privacy and rights of others;
  • Agree not to modify or distribute the software in any way
  • Agree not to reverse engineer, copy, or in any way decipher any part of the software
  • Agree to remove the software from your device if requested to do so by SA

4. LENGTH OF PARTICIPATION TIME ON PANEL

Participation in the Panel is fully voluntary on the part of the panelist and begins from the time you install the software application on your mobile device and/or tablet computer and continues for varying periods based on the research requirements at that time and your continued interest in participating. The participation period lasts until the Participant unsubscribes or removes the software or SA terminates the participant’s membership. The Participant may cancel their involvement in the research at any time by notifying SA or by removing the Software manually. The participant may request to extend participation to a later date, though further participation is totally at SA’s discretion.

5. FEES, CHARGES PARTICIPANT MAY INCUR

 Participation in the Panel is fully voluntary on the part of the panelist and begins from the time you install the software application on your mobile device and/or tablet computer and continues for varying periods based on the research requirements at that time and your continued interest in participating. The participation period lasts until the Participant unsubscribes or removes the software or SA terminates the participant’s membership. The Participant may cancel their involvement in the research at any time by notifying SA or by removing the Software manually. The participant may request to extend participation to a later date, though further participation is totally at SA’s discretion. The Participant is fully responsible for any and all costs, fees, or service charges related to the use of the phone and any data transmission that occurs. As a Participant in SA’s panel you acknowledge and approve that there will be delivery of any data from your device to SA and that you are responsible for any and all fees that you may incur as a result of your particular service plan with your service provider. Typically, SA estimates that the average user will transmit less than 5MB/month, however, that estimate may increase or decrease based on the use of the device.

SA assumes no responsibility for the payment of any communications charges incurred due to participation in the Research.

6. CONTINUATION AS A PANELIST

SA may decide to discontinue the AppOptix Mobile Panel or any part thereof at any time and for any reason. If SA decides to postpone or cancel the AppOptix Mobile Panel you will be receive prior notification via the contact information you provided during registration. As a panel member you will receive any rewards you are entitled to up until the date that your participation terminates.

7. DATA COLLECTED BY SA

After installing the Software on your device the following categories and types of Data will be collected and used by SA:

  • List of applications installed in the device.
  • The name and launch periods of the applications, BUT application contents are not monitored.
  • Timestamp and duration of the activities.
  • Amount of data consumed by your device in both Wi-Fi and Cellular modes
  • The specifications of your device, such as what sensors are contained in it and activated.
  • The battery and network performance of your phone
  • The location of your device via GPS (if your device is so equipped).

Please note that SA does not listen to, record, or collect any of your phone calls, text messages, or passwords. In addition, we cannot and do not read any of the contents of your stored files, text messages or email messages.

If you uninstall the Software, it will alert SA who will then inform you that you would need to re-install the Software in order to remain active in the AppOptix Mobile Panel. It is completely voluntary whether or not you wish to re-install the Software and remain in the Panel. If you do not re-install the Software, you will no longer remain in the Panel and any rewards will cease from that date/time forward.

How SA Collects and Uses Data Provided by Participant:

Data captured by the Software will be sent to SA or a third party designated by SA to receive such data. The data will be analyzed in aggregate form and processed for research purposes. Participant agrees that SA may use the data and provide copies of the data to SA clients in order to analyze it. SA may prepare detailed reports for SA clients and use those reports for any purpose it deems appropriate.

Participant agrees that SA may also combine the data with other personal and usage data it may collect during your registration for research purposes. SA may use the data for developing models, dashboards, reports or other such outputs as it deems necessary to meet its research objectives and client requirements.

Examples of this data include:

  • Participant's information via registration process (i.e. name, address, e-mail, etc.);
  • Demographic information (i.e. gender, age, annual income, education);
  • Other information used to help establish profiles of groups

SA will maintain the right to use Participant data and other such data collected during registration beyond the active participation of the panelist for data already collected. SA WILL NOT RELEASE ANY PERSONALLY IDENTIFIABLE DATA ON PARTICIPANT BUT WILL USE DATA IN AGGREGATE FORM FOR GENERATING ANALYSIS.

8. REWARDS EARNED BY PANELISTS

Rewards are earned by panelists based on their length of participation in the panel as evidenced by receiving data from your device. If your device doesn’t send data or SA doesn’t receive data rewards are not earned. You can monitor if your device is earning rewards by logging into your account found in the mobile application on your device. Rewards are earned weekly if your device issues data during that week. Devices must be turned on and the AppOptix Software running in order for your device to send data.

9. PARTICIPANT’S CONSENT TO USE PERSONAL (PARTICIPANT) DATA

Participation in SA’s AppOptix Mobile Panel is fully voluntary and SA respects the privacy of the Participants who elect to provide SA with data from their mobile devices. SA will observe the laws and regulations applicable to its respective Panel member activities.

At all times you maintain your rights in respect of your personal data under applicable law, including rights of access, rectification and withdrawal of consent to processing.

SA WILL NOT USE ANY DATA YOU PROVIDE THROUGH YOUR MEMBERSHIP IN THE MOBIL PANEL FOR DIRECT MARKETING OR ADVERTISING PURPOSES.

By accepting this agreement, you certify that you are 18 years of age or older and agree to join the Research Panel and give your express consent for processing and storage of your Membership Data, and Usage Data as defined later in this Agreement.

Please note that in accordance with the Privacy Policy, SA may share Usage Data with other affiliates within their companies. SA will maintain the Membership Data and Usage Data they receive for as long as necessary for the purposes of analyzing the Membership and Usage Data as set out in these Terms and their respective Privacy Policies.

10. LIMITATION OF LIABILITY

YOUR USE OF THE SOFTWARE AND/OR PARTICIPATION IN THE SA APPOPTIX MOBILE PANEL IS AT YOUR OWN RISK. SA SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE SOFTARE (EVEN IF SA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY SA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

11. INDEMNITY

You agree to defend, indemnify, and hold SA, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Participation.

12. CHANGES AND/OR AMENDMENTS

SA may make amendments to the Mobile Panel Membership Agreement and Terms of Participation and/or Privacy Statement and may notify you of such changes. Your continued participation in the AppOptix Mobile Panel is based on your agreement with any amendments made to either of these policies. If you do not agree to the proposed amendment(s) you may discontinue your membership in the AppOptix Mobile Panel. If you choose to discontinue your participation you should remove the application from your mobile device. If you continue to use the application and do not remove it then you will be considered in agreement with the changes made to these policies.

13. GOVERNING LAW

The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America. If a provision of this Agreement is found to be invalid, the validity of the remaining provisions shall not be affected. If there is any conflict between this Agreement and any Privacy Policy, the provisions of this Agreement shall prevail. The provisions of this Agreement that are intended to survive termination shall remain valid after any termination.

14. ENTIRE AGREEMENT AND SEVERABILITY

This Agreement constitutes the entire agreement between SA and you with respect to your participation on the AppOptix Mobile Panel. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

15. ASSIGNABILITY

SA may assign their rights and duties under this Agreement to any party at any time and without notice to you.

16. TERMINATION

Either you or SA may terminate your participation in the AppOptix Mobile Panel at any time, with or without cause, upon giving notice.

17. CONTACTS

For any questions and requests concerning your personal data, please contact us at: support@indiachecks.com