This document establishes the rules for access and use of Mediaprobe´s platform, hereinafter referred to as the “Platform”. The Platform consists of software and hardware. The software includes the Web Application and a Mobile Application, hereinafter referred to as “Web App” and “Mobile App”, respectively. The sensor (e.g., James One, James Two, James Four, or other sensors) 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 “Mediaprobe”.

Mindprober, SA is headquartered at Praça Conde Agrolongo, nº123, 4700-312 Braga, with registered capital of € 80,773.34 (eighty thousand and seven hundred and seventy-three euros and thirty-four cents), registered in with the unique registration number and company number 513.965.556.

The access and use of the Platform require a license provided by Mediaprobe. The Web App is a WEB application for visualizing multimedia contents and answering surveys that assess consumer behavior. The Mobile App collects physiological data from sensors and declarative data from dial menus, while the Panellist watches multimedia content.

All new features and Platform releases will be subject to these Terms and Conditions.
Mediaprobe 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.mediaprobe.com, 30 days prior to its implementation.

Subscription and use

During his/her participation, the Panellist will have at his/her disposal physiological sensors (e.g., James One, James Two, James Four and/or others sensors), which will be received at the address indicated on the registration form. The sensor is personal and non-transferable, can only be used by the registered Panellist and is her/his sole responsibility while in its possession.

The participation in sessions of multimedia content evaluation may require the Panellist to have a sensor, as well as installing the Mobile App (MP MediaTest), available for Android (Play Store) and iPhone (Apple Store) devices.

There is no minimum or maximum limit of participation length, and this agreement can be terminated at any time, either by Panellist, Mediaprobe or fieldwork agency (if applicable) request.

All physiological and declarative data collected are analysed in pseudo anonymous and aggregated format, using statistical methods.

How to use the Web App

The Platform is made available free of charge to Panellists who agree with Mediaprobe, or with a consumer panel partner (aka fieldwork agency), to participate in the multimedia content evaluation sessions using the Mediaprobe Platform.

The use of the Web App requires: a login account, using username and password, provided by Mediaprobe or the fieldwork partner, or the Mobile App to read the QR code and grant access to the Panellist area. The Web App allows Panellists to view multimedia content, respond to consumer declarative surveys, and it should be used jointly with the Mobile App. Some sessions may require the simultaneous use of a sensor.

The Platform is intended to be used by Panellists, in their own responsibility, who are required to watch multimedia content. Mediaprobe cannot be held liable for any damages arising from the use or lack of use of the Platform.
Mediaprobe does not guarantee the continuous operation of the Platform or guarantee that it is free of any errors.

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

Mediaprobe excludes any liability arising from malicious software that infects the Apps and / or the computer system and devices used for its access 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 username and password, a sensor or a URL provided by Mediaprobe or the fieldwork partner.

The MP MediaTest App enables the Panellist to accept invitations for multimedia content evaluation sessions, answer to surveys and, when required, use the Web App and sensors simultaneously.

How to use sensors

Sensors collect physiological data, such as, galvanic skin response and heart rate, while the Panellist watches multimedia content. The use of any Sensor assumes the simultaneous use of the Mobile App.

Galvanic skin response is a physiological signal that reflects the sudation at the skin surface and is used as a measure of emotional activation/engagement with the content being broadcasted. Heart rate reflects cardiorespiratory function and may be used to measure attention and workload levels.

The Sensors require careful use in accordance with the instructions given in the Instruction Manuals provided with the Sensors. Damage caused by improper use of the Sensor is the responsibility of the Panellist.

Acceptance of use of a Sensor assumes acceptance of the Panellist’s duty to return the Sensor after the end of the license agreement for use of the Platform in accordance with the instructions shipped with the sensor.

By agreeing to use Mediaprobe’s Platform, the Panellist authorizes the shipping of physiological sensors to her/his residence. This equipment does not interfere with any other electronic device.

In order to ensure accuracy in the collection of physiological data, the Panellist should:
a) Properly use the Sensor, strictly following the instructions that are sent with it;
b) Avoid any careless use that endangers the proper operation of the Sensor;
c) Return the Sensor to the designated address whenever a problem is detected in its operation;
d) Place the Sensor in the original box when not in use and store it in a safe place;
e) Keep the Sensor away from children and animals.

Service modifications

Mediaprobe has the right to make changes to the Apps and Sensors deemed necessary to increase their efficiency or performance.

Maintenance

Updates resulting from maintenance services provided by Mediaprobe will be made available remotely, so prior authorization by the Panellist is not necessary for these interventions to occur.

Technical support

Whenever the Panellist experiences a problem with a sensor’s operation, he/she should notify the provider through the ‘Support’ button available on the Web App or via the Chat button on the Mobile App.

In case of need to return the sensor, you should contact Mediaprobe or the fieldwork partner using the contact given at the recruitment stage, 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 original box, properly conditioned.

End of the Agreement

The collaboration between Mediaprobe, or fieldwork partner, and the Panellist can be ended by both parties at any time and at no cost to any party. If the Panellist wants to terminate this agreement, he/she should communicate as quickly as possible, using the means available, and proceed with the prompt return of the sensors.
Mediaprobe reserves the right to terminate the license agreement to use the Mediaprobe Platform at any time and immediately request the return of the sensors.

Data protection

The physiological and declarative (survey or dial) data collected are pseudo anonymized, will only be processed by Mediaprobe and cannot be transmitted at the participant-level to third parties, unless otherwise specified. Mediaprobe’s data Protection Policies assure that there is no possibility of matching your personal data with your physiological and declarative responses. As a Panellist, you expressly authorize that your galvanic skin response and heart rate, when collected, may be processed and stored by Mediaprobe under the terms provided herein.

Physiological and declarative data are collected for assessment the Panellist’s emotional response to visualized multimedia content.

In some sessions, Mediaprobe performs audio capture through the mobile phone and converts it into audio fingerprints (hash-coded data that is not neither audible nor decodable). This capture is only meant to synchronize your Mobile App with the TV broadcast and the captured audio is neither saved nor used for any other purposes.

This app collects location data to enable a Bluetooth connection with the sensors that allows users to login in the App, collect data during sessions and update the sensor firmware even when the app is closed or not in use.

The phone camera may be needed for the unique purpose of QR code (displayed at the Web App’s login web page) reading and thus, grant access to the Panellist area in the Web App.

In case of Mediaprobe’s App is running in the background while you are using another app, the screen of your phone may be broadcasted to prevent the screen from going off during physiological measurement.  In some sessions, the screen and media audio (no microphone audio is collected) may be recorded after previous consent of the user for the purpose video and audio metadata generation. The analyses of recorded image and audio may include logo detection, object identification, audio spectrum analysis and voice pitch detection, and may be performed by services running on Mediaprobe infrastructure or services running on a third-party provider of computer vision and audio analysis. The media clips will be permanently deleted in a 24-hour period after session.

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 Mediaprobe indicated in the initial part of these Terms and Conditions, or to the fieldwork partner, using the appropriate contacts.

Storage of Data

Physiological and declarative data are pseudo-anonymized and stored completely independently of personal data in encrypted databases to which only the community management personnel have access. The physiological and behavioural individual raw data are stored for 12 months in pseudo anonymized format.

Any personal data provided by the Panellists is used solely for the expressed purposes. Mediaprobe applies 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 data 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 Mediaprobe Platform and all material made available under the license agreement to use it, belongs to Mediaprobe.

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

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

The sensors are owned by Mediaprobe and can be returned whenever and when Mediaprobe determines it.

Confidentiality

Mediaprobe undertakes all means 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 Panellist is responsible for:

• Accuracy, quality and updating of data available to Mediaprobe;
• Means used to obtain the data made available to Mediaprobe
  

Resolution of the Platform Panelist License Agreement

Mediaprobe reserves the right to terminate the license agreement by immediately blocking access to the Apps and requesting the immediate return of the sensors in the event of any breach or breach of these Terms and Conditions by the Panellist, automatically cancelling any future obligations.

Cookies

The Panellist agrees that access to and use of the Web App presupposes the use of cookies.
Cookies are designed to allow behavioural analysis of Web App Panellists 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 Panellist and computer and do not allow the collection of personal data from the Panellist.

The cookies used in Mediaprobe application are as follows:

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

Connections

Mediaprobe is not responsible for the referral to links or hyperlinks managed by third parties (e.g. third-party survey platforms) through the Web App or the Mobile App.

Mediaprobe 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.