Privacy Policy

Our online market research community has millions of participants who are interested in voicing their opinions through surveys and in influencing which products and services are offered on the Internet. Panelists allow their online browsing, hardware and application usage, and purchasing behavior (including content of visited web pages) to be passively collected and used as part of anonymous research reports that pinpoint what is popular with consumers. The information that you contribute is used by comScore, Inc., a globally-recognized market research authority on Internet and general economic trends, whose data are routinely cited by major media outlets such as the New York Times, the Wall Street Journal, and CNN. The data are extensively relied upon by the largest Internet services companies and scores of Fortune 500 companies to improve their online offerings. 

The protection of your privacy is one of our top priorities. While voluntary participation in our program will allow us to send you periodic surveys and track information about your online activities such as where you surf and the transactions that you make, the personally identifiable information you provide to us will NOT be used by us, or anyone with whom we do business, to advertise or market products or services to you! 

About Our Trees for Knowledge Campaign

Worldwide carbon dioxide emissions have more than doubled over the last 10 years, and too much carbon dioxide in the atmosphere may be one of the major causes of global warming. But planting trees can help reduce the effects of carbon dioxide. That’s why comScore has partnered with Trees for the Future to establish our Trees for Knowledge campaign. Since 1988, Trees for the Future has helped thousands of communities in Central America, Africa, and Asia improve their livelihoods and their environment by planting nearly 50 million trees. Working with Trees for the Future, we have donated millions of trees on behalf of members of our research community, so that we are not only improving the Internet, we’re improving the environment as well.

PRIVACY POLICY, USER LICENSE AGREEMENT, AND PATENT NOTICE

Before joining our program, enjoying the benefits of this program, and installing our application, you must review and agree to the terms and conditions below and provide and obtain consent to this agreement from anyone who uses the mobile device on which you install this application. By installing our application, you agree to be bound by this privacy policy & user license agreement, including the storage of the market research information provided by you on our mobile device systems in the United States.

Requirements for participation

In order to participate in this program, you must:

Be at least 18 years of age and capable of entering into a binding agreement;Be the parent or legal guardian of anyone under 18 having access to the mobile device on which the application is installed;Own the mobile device that you allow to be configured to use this system;Not be employed or related to an individual employed by an unaffiliated market research company; andAcknowledge and agree to allow the software to operate as described herein, including allowing the software to automatically upgrade provided that any such upgrades do not change the functionality of the software beyond what is described in this privacy policy and user license agreement.

What information is collected?

Basic Demographic Information: When you sign up for this program, we may obtain your contact information and some basic demographic information about you using a questionnaire, information from companies through which you obtained or inquired about this program, or the application that you install onto your mobile device and allow to track your Internet usage. 

Survey response information: Once you agree to participate in this program, we may notify you of survey opportunities through e-mail, text messages, U.S. mail, and other means. If you elect to participate in a survey, we require that you provide complete and accurate information about yourself and your household. The survey opportunities that we provide to you may be related to other information that we collect. For example, we may provide you with a survey asking you about the quality of your user experience at a particular website. 

Mobile device hardware and other configuration information: Our application may collect certain basic hardware, configuration and application usage information about the mobile device on which you install our application, including such data as the model of the mobile device , the amount of memory in the mobile device, and technical information about the device (e.g. number of games loaded, number of custom ringtones available, and operating system versions). To that end, we may also collect information about device ownership, mobile device services provider names and mobile device models, usage of various mobile device features, and opinions and attitudes related to all of the above. 

Internet usage information: Once you install our application, it monitors all of the Internet behavior that occurs on the mobile device on which you install the application, including both your normal web browsing and, for non-iOS devices, the activity that you undertake during secure sessions, such as filling a shopping basket, completing an application form or checking your online accounts. For iOS devices, during a secure session, only the host URL will be collected. We may use the information that we monitor, such as name and address, for the purpose of better understanding your household demographics; however we make commercially viable efforts to automatically filter confidential personally identifiable information such as UserID, password, credit card numbers, and account numbers. Inadvertently, we may collect personal information about our panelists; and when this happens, we make commercially viable efforts to purge our database of such information. 

Internet usage information may include messaging services, mobile web browsing activity, usage and titles of downloaded applications and files as well as usage of cameras, video streaming and other utilities on the mobile device as well as usage times for certain device activities (e.g., text messaging, call lengths, and web browsing).

Our application does not examine text of your e-mail messages or text messages, image files either downloaded or captured via camera phones, contact or address book entries saved on the phone, or calendar entries. We may, however, record the number of text messages and review select e-mail header information, including any SMS Short Code numbers that may have been dialed. 

In addition to information collected through our application, we may also collect data about your Internet use from third-parties, including search engines, email providers, social networks and other application service providers whose Internet sites you visit.

How is the information collected?

For all mobile devices except the iPhone and iPad, the application monitors your Internet usage by transmitting to our servers information about the web pages that you visit and the actions that you take while online.

Consequently, the software may communicate with our servers while you are connected to but not browsing the Internet. Such communications could include the transmission of collected data as outlined in this privacy policy, or it could include incoming instructions for our software. For example, our servers need to tell our software about survey opportunities, so that we can provide you with invitations where you can take a survey in exchange for sweepstake entries, cash, or other prizes. 

For iOS devices, no software is downloaded. Instead, a configuration file unique to each iPhone and iPad is installed which will enable the device to route all internet traffic through the MobileXpression Virtual Private Network (“VPN”). Each configured iOS device is authenticated using a user certificate provided with the configuration file and a root certificate to validate the user certificate. All traffic routed through the VPN will be encrypted and will pass through our proxy server. A VPN icon will appear on the top of the device screen every time a connection has been established to the MobileXpression VPN. 

In addition, we may ask for information about you using surveys, for which participation is completely voluntary. We may also combine the information that you provide us with information obtained from other sources (such as consumer preference reporting companies, credit reporting agencies and companies that collect TV viewing information) using confidential matching procedures. In these cases, we will: (i) provide a data match processor with only the personal information necessary to perform a match and, infrequently, to assist us performing statistical analyses; (ii) establish procedures and legal obligations that prohibit use of the information received for any other purpose or disclosure of this information to anyone else; and (iii) require destruction of the received information after completion of the match and analysis. You also agree that we may use the information we have collected from you to identify your use of search engines, email providers, social networks and other application service providers whose Internet sites you visit. Your agreement to this policy shall serve as your consent to allow us to request data about your online activities from these third-parties and to combine that information with the information that you provide us directly or through the software.

You further agree that we may use third party service providers to obtain other on-line data, TV viewing, or mobile usage information and that we may integrate such data with the data that you provide us as part of this research community, provided that the acquisition and processing of such information adheres to the privacy principles included in this privacy policy and user license agreement.

We also may collect information on the types of applications you use and general statistics on how you use them. So, for instance, you may open a game, and our software would collect information on what type of game you are playing, and how long the game was open, but it would not have any knowledge of how well you played or what your high score was.

Your information is stored in the United States where our central database is operated. The data protection and other laws of other countries may differ from those of the United States. Your information may be processed outside of the United States, provided that the data protection laws of such processing location affords similar if not more protections than those afforded in the United States for the processed data.

How is the collected information used?

Market Research Reports: Applying concepts similar to those used by television-rating services, we use the information collected through our application and your survey responses, combined with information from other sources, to make statistically-based projections about current and future Internet user behavior and, more generally, to extrapolate data about potential economic trends. For certain commercial customers, we may provide individual-level information. We make this data available so that these customers may enhance their own understanding of Internet usage and online commercial trends. In all cases, we make commercially viable efforts to automatically filter confidential personally identifiable information such as UserID, password, credit card numbers, and account numbers from the data being provided. 

Our customers use our market research reports to: (i) modify online services and offerings; (ii) make more effective use of online data to understand both online and offline commercial behavior; and (iii) discern general economic trends and the business performance of specific entities for a wide range of business purposes including, but not limited to, identifying financial investment opportunities and understanding the value and interest in certain business enterprises.

By Service Providers: From time to time, we may share your contact information with those third parties who help us deliver this program to you (for example, companies that administer incentive programs). When we do this, we provide only the necessary information for the service provider to perform its assigned function, and we contractually prohibit the use or disclosure of this information to anyone else unless you authorize it. 

As Required by Law: In rare cases, and as is done by any other business, if we are compelled to disclose certain information through a valid legal process, such as a court order, subpoena, or a search warrant, we would do so. However, we would comply by providing only the minimum information necessary. 

How is the information secured?

Safeguards: We have implemented a variety of safeguards (including physical, digital, and legal protections) focused on ensuring that the information collected through this program is protected from unauthorized use, modification, or disclosure. For example, any secure information collected by our application is encrypted before it is sent to our servers. Moreover, our employees are subjected to periodic evaluation and investigation, are contractually restricted on their use and access to personally identifiable information, and are educated and retrained as needed on internal security policies and procedures.

If you would like to access, modify, and/or request deletion of the personally identifiable profile information submitted by you as part of this program, you may complete a support form on our website, or e-mail our support staff at the e-mail address provided below.

What privacy commitments do you make relating to specific participant benefits?

Please refer to our program’s web site, which lays out the privacy commitments, if any, that we make for the various participant benefits we offer. The terms of these commitments are incorporated into this agreement. Please note that each incentive program may have its own set of rules applicable to that particular offering; these rules are made available to you before you choose to participate.

What if I wish to stop participating in this program?

Resignation: You may resign at any time by contacting us at the support address listed below or by selecting the “Terminate all MobileXpression Services” link from the Members section on your panel’s web page (where applicable). 

Removing our Application: To remove our application, send a request to the support address listed below, and be sure to include the carrier, manufacturer and model of your mobile device. We will provide you with instructions that are specifically tailored to your device. Removing the application will stop tracking of your online browsing and purchasing behavior, but unless you resign from the panel in accordance with the procedure stated above, you still may be contacted for administrative purposes or for special participant opportunities. After you remove our application from a mobile device, all settings we have made to your mobile device will be deactivated; however, some elements may remain on your mobile device. 

Stop Participating in Surveys: You may contact us at the support address listed below to alter how you receive, or to completely stop receiving, surveys, or you can edit your survey preferences at the Members section on your panel’s web page (where applicable). 

Please note: We may continue to use information collected prior to resignation, but all such information remains fully subject to, and governed by, the agreement effective at the time of your resignation. 

What is the policy regarding children?

All persons installing this application must be at least 18 years old and must be the parent or legal guardian of any minor that may use a mobile device with this application installed. However, all Internet behavior may be used by us in developing the statistical projections. This program complies with all applicable U.S. data gathering rules, including the Children's Online Privacy Protection Act (COPPA).

How will I be notified of changes to this Agreement?

If we change our practices in how we handle personally identifiable information, or if we materially change other aspects of our program, including but not limited to any changes to the scope or nature of incentives provided, we will post these changes on our website, and the changes will be effective immediately upon such posting. If you do not agree with any of the changes, you may remove our application as described above.

What are my obligations as a participant?

As a participant, you agree to:

Allow this program to collect and use information obtained from you and related to you and your household's Internet use as described in this agreement;Make reasonable efforts to ensure that any other person who uses the mobile devices on which the application is installed is aware of and agree to the terms of this agreement;Accept automatic changes to your system settings that are made solely to ensure compatibility between your mobile device system and this program, and periodic upgrades;Receive administrative e-mails and text messages, including those sent to: (i) inform you about upgrades, or issues related to basic program/application functions or disruptions; (ii) provide notification about awards and special participant opportunities; (iii) request updated demographic information or information regarding usage of the application;Allow updates to the program that are provided to you by the program sponsor;Maintain the confidentiality of your account password and agree to immediately notify MobileXpression of any unauthorized use of your password or membership account or any other breach of security;Regularly visit and review the agreement posted on the website, so that you are aware of any changes made to this agreement.

As a participant, you agree not to:

Use this program in any way that: (i) harms or harasses others; (ii) violates any federal, state or local laws or ordinances; (iii) violates or infringes on the rights of any third parties including, but not limited to, copyright, trademark, patent, trade secret, rights of privacy or publicity or other proprietary right; or (iv) interferes with or disrupts this program;Attempt to reverse engineer, decompile, or disassemble the program;Sign up for more than one account; andAttempt to defeat or circumvent our application, it being your responsibility to remove this application as instructed in this agreement or expressly by an authorized service representative.

What is our commitment to participants?

We commit to making commercially reasonable efforts to do the following:

Only use information obtained from or about you as described in this agreement;From time to time, commission the services of third parties to verify that this program is keeping its privacy commitments to you; andProvide customer support when you experience problems with this program, on the condition that you provide requested information about the problems experienced and the conditions of your mobile device, and agree to take reasonable efforts to follow the instructions supplied by our support staff.

Patent Notice

Our application incorporates and implements patented technologies. For more information visit http://www.comscore.com/patents.

What are the other legal terms and conditions of participating in this program?

Governing Law: You agree that any dispute or claim arising out of this program or agreement shall be settled by binding arbitration in Fairfax County, Virginia under the American Arbitration Association Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Regardless of any law to the contrary, any claim against us must be filed within one year of the time such claim arose, otherwise such claim will be barred forever. We agree that regardless of any law to the contrary, that the arbitrator shall have no authority to award, punitive or exemplary damages against any party to this agreement. 

Notwithstanding the above, we may apply to any court of competent jurisdiction for a temporary restraining order or other interim relief, as necessary without breach of this agreement and without abridgment of the powers of the arbitrator.

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF VIRGINIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS AND SUCH LAW SHALL BE APPLIED BY THE ARBITRATOR TO THE MERITS OF ANY DISPUTE OR CLAIM. FOR ANY NON-ARBITRAL ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS PROGRAM OR THIS AGREEMENT, SOLE AND EXCLUSIVE JURISDICTION SHALL RESIDE WITH THE APPROPRIATE STATE COURT LOCATED IN FAIRFAX COUNTY, VIRGINIA OR FEDERAL COURT LOCATED IN ALEXANDRIA, VIRGINIA. 

EXCEPTION FOR THOSE PARTICIPANTS WHO JOINED THROUGH THE M:METRICS SMART M:PANEL: For all participants who were a part of the Smart M:Panel prior to its assumption under the MobileXpression panel, this ULA will continue to be governed by the laws of the State of Washington, without reference to conflict of laws principles. Any dispute relating to this ULA will be subject to the exclusive venue of the state and federal courts located in King County, Washington.

Termination: You acknowledge and agree that we may, under certain circumstances and without prior notice, immediately terminate your participation in MobileXpression and access to the Service. Causes for such termination shall include, but not be limited to, (a) breaches or violations of the ULA or other incorporated agreements, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the panel (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your MobileXpression account includes (a) removal of access to all offerings within or integrated with the panel; (b) deletion of your password and all related self-reported information (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made at the sole discretion of MobileXpression and that MobileXpression shall not be liable to you or any third-party for any termination of your account or access to the Service.

Storage: All data collected by MobileXpression may be stored indefinitely on our servers. Personal information collected under this program may be stored and processed in the United States or any other country in which we operate. By using our MobileXpression panel software, you consent to any such transfer of information outside of your country. The MobileXpression panel adheres to the safe harbor framework established and used by the U.S. Department of Commerce related to the collection, use, and retention of data from the European Union.

TMRG, Inc., the program sponsor of MobileXpression, complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. TMRG, Inc. has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view TMRG, Inc.’s certification, please visit http://export.gov/safeharbor/.

Fraud: Any attempt by a participant to undermine the legitimate operation of the panel is a violation of criminal and civil laws and should such an attempt be made, TMRG, Inc. reserves the right to seek damages from any such respondent to the fullest extent permitted by law. Multiple accounts are not permitted; participants are limited to signing up for a maximum of one account. 

Third Party Rights: This agreement shall not create any rights or remedies in any parties other than the parties to the agreement and no person shall assert any rights as a third party beneficiary under this agreement. 

Assignment: You may not assign this agreement or any rights or obligations under this agreement without our prior written approval. 

Waiver: The failure of us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. 

Severability: If any provision of this agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. In any event, the remaining provisions shall be enforced. 

Indemnity: You agree to defend, indemnify and hold our company and our affiliates, officers, directors, and employees harmless from and against any and all claims, losses, damages, liabilities and costs including without limitation, reasonable attorney’s fees, arising out of or relating to your breach of this Agreement or misuse of this program. 

Disclaimers of Warranty: YOU ACKNOWLEDGE THAT THIS PROGRAM AND ALL SOFTWARE, CHANGES TO YOUR MOBILE DEVICE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE AS PART OF THIS PROGRAM ARE PROVIDED ‘AS IS.' OUR COMPANY, ITS SERVICE PROVIDERS, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

UNDER NO CIRCUMSTANCES WILL OUR COMPANY, ITS SERVICE PROVIDERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING IN ANY WAY FROM THIS PROGRAM. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN JURISDICTIONS WHICH RESTRICT LIMITATION OF LIABILITY OR DISCLAIMER OF WARRANTY PROVISIONS, OUR COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Third Party Products and Services: We neither endorse nor accept responsibility for any third party materials accessed through the Internet. 

Export Restriction: You acknowledge that the Software is subject to the export control laws and regulations of the United States of America, and any amendments thereof. You acknowledge that with respect to the Software, you will not export or re-export it, directly or indirectly, to any countries that are subject to US export restrictions. You further acknowledge that the Software may include technical data subject to export and re-export restrictions imposed by US law.

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between sponsor and you with respect to the subject matter contained in the Agreement. 

MobileXpression does not react to Do Not Track signals because there is no standard for how those signals are sent. This site may employ the ScorecardResearch service, and you may control your level of participation in ScorecardResearch’s market research programs by visiting here: http://www.scorecardresearch.com/preferences.aspx

This Agreement is effective as of April 3, 2014.

Whom can I contact if I have additional questions?

The program sponsor is TMRG, Inc., a Delaware, U.S.A. corporation. If you have any questions about the above Privacy Statement & User License Agreement, our practices or your interactions with this site and this program, you may contact the program sponsor at:

privacy@tmrginc.com

Privacy Office

11950 Democracy Drive

Suite 600

Reston, VA 20190, USA

For any support issues, please contact: support@mobilexpression.com.

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