Terms and Conditions of the Use of the Platform

Terms and Conditions of the Use of the Platform

This document establishes the rules for access and use of MindProber´ s platform, hereinafter referred to as the “Platform”. The Platform consists of software and hardware (James One sensor). The software includes the Web Application and a Mobile Application, hereinafter referred to as “Web App” and “Mobile App”, respectively. The sensor Jams One is hereinafter referred to as “Sensor”. The Web App, Mobile App and Sensor are the sole and exclusive property of MindProber, SA, hereinafter referred to as “MindProber”.

The access and use of the Platform requires a license provided by MindProber.

The Web App is of a WEB application for visualizing multimedia contents and answering questionnaires that assess consumer behavior, and the Mobile App allows you (the Panelist) to evaluate (Like/Dislike) the contents viewed and collects data from the Sensor.

MindProber is headquartered at Startup Braga, Edifício GNRation, Praça Conde Agrolongo, nº123, 4700-312 Braga, with registered capital of € 37,888.90 (thirty-seven thousand eight hundred and eighty-eight euros and ninety cents), registered in the with the unique registration number and company number 513.965.556, represented here by Pedro Manuel Lencastre Novais Souza Chaves, as the managing partner of the company.

All new features and Platform releases will be subject to these Terms and Conditions.

MindProber reserves the right to modify or change, at any time and without prior notice, these Terms and Conditions of Use of the Platform, to be published on the website, www.mindproberlabs.com, 30 days prior to its implementation.

Subscription and Use

During the collaboration, the Panelist will have at his disposal a biometric sensor (James One), composed by two independent pieces (in the current hardware version), which will be received at the address indicated on the registration moment. This sensor is personal and non-transferable, can only be used by the registered Panelist and is her/his sole responsibility while in its possession.

Their collaboration depends on the sensor, as well as the installation and use of the App MindProber, available on Android (Play Store) and iPhone (Apple Store) format.

There is no minimum or maximum limit of collaboration time, and this collaboration agreement can be ended at any time, either by the panelist or by MindProber.

Your collaboration with MindProber does not entail any monetary charge and will be rewarded according to your studies. The reward amount will always be available at the beginning of each study.

All data collected are analyzed jointly and anonymously and are only for statistical purposes.

How to use the Web App

The Platform is made available free of charge to Panelists who, directly or through a consumer panel provider partner, agree to participate in the multimedia content evaluation studies performed by MindProber.

Your use of the Web App requires a login account, using your previously provided panelist credentials and password. The Web App will allow viewing multimedia content, responding to consumer behavioral questionnaires, and should be used in conjunction with the Mobile App. When indicated, simultaneous use of the sensor may be required.

The Platform is intended to be used by panelists, in their own responsibility, who are responsible for the evaluation of multimedia content, and MindProber cannot be held liable for any damages arising from the use or lack of use of the Platform, including the lack of participation reward.

MindProber does not guarantee the continuous operation of the Platform, or does it guarantee that it is free of any errors.

Access to Apps may not be available in the event of non-MindProber faults, suspensions or interruptions in underlying network access, maintenance tasks, or error resolution.

MindProber excludes any liability arising from malicious software that infects the Apps and/or the computer system and devices used for its access and use and does not assume any responsibility for the damages and losses that may result therefrom.

How to use the Mobile App

Your use of the Mobile App requires a login account, using your previously entered panelist credentials and password.

The Mobile App will allow you to accept invitations and participate in multimedia content evaluation studies, respond to consumer behavioral questionnaires and, when indicated, can be used simultaneously with the Web App and the Sensor.

How to use the Sensor

The Sensor collects physiological measures, such as the heart rate and the galvanic response of the skin, while viewing multimedia content. The use of the Sensor assumes the simultaneous use of the Mobile App.

The Sensor requires careful use in accordance with the instructions given in the “James One – Manual Instructions”. Damage caused by improper use of the Sensor is the responsibility of the Panelist.

Acceptance of use of the Sensor assumes acceptance of the Panelist’s duty to return the Sensor after the end of the license agreement for use of the Platform in accordance with the instructions given in the “James One – Manual Instruction“.

By agreeing to collaborate with MindProber, the panelist authorizes the sending of a biometric sensor (James One) to her/his residence, at the date and time previously established. This equipment does not interfere with any electronic device.

In order to ensure accuracy and accuracy in the collection of information, the panelist should:

1. Properly use the James One sensor, strictly following the instructions that are sent with the Sensor;

2. Avoid any careless use that endangers the proper operation of the sensor;

3. Return the sensor to MindProber whenever a problem is detected in its operation. This return does not incur any cost to the panelist;

4. Condition the James One sensor in the original box when not in use and store it in a safe place;

5. Keep the sensor away from children and animals.

Service Modifications 

MindProber has the right to make changes to the Apps and Sensor that it deems necessary to increase its efficiency or performance.

Maintenance

Updates resulting from maintenance services provided by MindProber will be made available remotely according to the evolution schedule of the Application that is in effect, so prior authorization by the Panelist is not necessary for these interventions to occur.

Technical Support

Whenever you experience a problem with the sensor’s operation, you should immediately notify MindProber through the ‘Support’ button available on the Web App or via the ‘Help’ button on the Mobile App.

In case of need to return the sensor, you should contact MindProber, SA using the email usersupport@mindproberlabs.com, indicating: a) the reason for the return; b) the location of the sensor; c) the convenient time to collect. The return of the materials should be made, preferably, in the box of origin, properly conditioned.

End of the Agreement

The collaboration between MindProber and the Panelist can be ended by both parties at any time and at no cost to the Panelist or to MindProber. If you want to end your collaboration, you should communicate this interest as quickly as possible, using the means available, and proceed with the prompt return of the sensor.

MindProber reserves the right to end the license agreement to use the MindProber Platform at any time and immediately request the return of the Sensor.

Data Protection

The data collected are anonymized and will only be available to MindProber and cannot be transmitted to third parties. MindProber does not collect any information that allows you to match the data with your Panelist ID. As a Panelist, you expressly authorize that your personal data: full name, email, telephone, full address and phone number, or others that may be requested or optionally provided by you, and physiological: galvanic skin response and heart rate, when collected, processed and stored by MindProber under the terms provided herein

Physiological and behavioral data are collected for evaluating the panelist’s emotional response to visualized multimedia content. Personal data such as address, name, email, social class, age or telephone number are collected to establish the sample of participants, as well as for the purpose of distributing the sensors.

In some studies, we performed audio capture through the mobile phone. This capture is only meant to sync your Mobile App with the TV broadcast and is not saved nor used for any other purpose.

The rights of access to personal data, right to be forgotten, the right to opposition to the processing of data, to be informed or to oppose prior to the transmission of their data to another third party, may be exercised, in writing, to the headquarters of MindProber indicated in the initial part of these Terms and Conditions, or to the following e-mail: usersupport@mindproberlabs.com

Storage of Data

Physiological data are anonymized and stored completely independently of personal data in encrypted databases to which only the data controller has access. The physiological and behavioral data are stored indefinitely, in our databases, duly encrypted and anonymized. See with the taking the research purposes.

The personal data provided by the panelists are incorporated in an automated file of the total responsibility of MindProber, used solely for the expressed purposes. Personal data is stored for the same length of time as your collaboration with MindProber. After the termination of the relationship between MindProber and the Panelist, the data will be automatically deleted from our database. MindProber will apply appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including pseudonymization and encryption of personal data; ensure the confidentiality, integrity, availability and permanent resilience of treatment systems and services; will restore the availability and access to personal data to regularly test and evaluate the effectiveness of the measures adopted to ensure the safe treatment.

Intellectual and Industrial Property Rights 

The use of the MindProber Platform and all material made available under the license agreement to use it, belongs to MindProber.

The reproduction, modification, publication, transmission, transfer, distribution and sale of any of the components and parts of the Platform is prohibited.

MindProber does not claim intellectual property rights over the data collected or inserted through the Platform.

The Sensor is owned by MindProber, which can be returned whenever and when MindProber determines it.

When using the Sensor, the Panelist must follow the instructions given in the document “James One – Manual Instruction “, ensuring their proper use.

Confidentiality

MindProber undertakes to maintain the confidentiality of any operational information that has been transmitted during the implementation and use of the Platform.

All information exchanged in connection with the execution of the license agreement to use the Platform shall be confidential. The Sensor is personal and non-transferable.

Limitation of Liability

The Panelist is responsible for:

1. Accuracy, quality, and updating of data available to MindProber;

2. Means and used to obtain the data made available to MindProber.

Withdrawal of the MindProber Platform License Agreement

The license agreement for the use of the Platform may be denounced by either party with 30 days written a notice to the MindProber headquarters indicated in the initial part of these Terms and Conditions or to the following electronic address: usersupport@mindproberlabs.com

Resolution of the Platform Panelist License Agreement

MindProber reserves the right to terminate the license agreement by immediately blocking access to the Apps and requesting the immediate return of the Sensor in the event of any breach or breach of these Terms and Conditions by the Panelist, automatically canceling any obligations future.

Cookies

The Panelist agrees that access to and use of the Web App presupposes the use of cookies.

The use of cookies may not be performed, and it is possible to block them in the settings of your navigation system.

Cookies are designed to allow behavioral analysis of Web App panelists and allow them to track their preferences and usage trends for future application optimization.

The Web App uses cookies to customize and facilitate browsing. Cookies are only associated with an anonymous panelist and your computer and do not allow the collection of personal data of the panelist.

The cookies used in this application are as follows:

  • Counting clicks per screen and module displayed;
  • Time spent per screen and module;
  • Session state;

In case you want to disable the use of cookies, the procedure for the corresponding browser will be:

  • Internet Explorer: Tools -> Internet Options -> Privacy-> Configuration. For more information, you can consult Microsoft support or browser Help.
  • Firefox: Tools -> Options -> Privacy -> History -> Custom Settings. For more information, you can consult Mozilla support or the browser Help.
  • Chrome: Settings -> Show advanced options -> Privacy-> Content configuration. For more information, you can check Google support or browser Help.
  • Safari: Preferences -> Security. For more information, you can consult Apple support or browser Help.

Connections

MindProber is not responsible for the referral to links or hyperlinks managed by third parties through the Web App or the Mobile App.

MindProber does not exercise any control over them and therefore does not assume any liability arising from damages caused by links that may be associated with Apps, namely in the system and computer equipment used for their access and use.

Applicable Law and Jurisdiction

For disputes arising from the interpretation or execution of these Terms and Conditions, the Portuguese law shall apply and for its resolution shall be competent the court of the Comarca do Porto.