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 is a Mobile Application, hereinafter referred to as “Mobile App”. The sensor (e.g., James One, James Two, James Four, or other sensors) is hereinafter referred to as “Sensor”. The 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 Mobile App collects physiological data from sensors and declarative data from dial menus and/or surveys, 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 Panelist 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 Panelist and is her/his sole responsibility while in its possession.

The participation in sessions of multimedia content evaluation may require the Panelist to have a sensor, as well as installing the Mobile App (MP OpenView), 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 Panelist, Mediaprobe or fieldwork agency (if applicable) request.

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

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 OpenView App enables the Panelist to use the sensors and answer to surveys, when required, while watching multimedia content.

How to use sensors

Sensors collect physiological data, such as, galvanic skin response and heart rate, while the Panelist 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 Panelist.

Acceptance of use of a 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 shipped with the sensor.

By agreeing to use Mediaprobe’s Platform, the Panelist 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 Panelist should:

1. a) Properly use the Sensor, strictly following the instructions that are sent with it;
2. b) Avoid any careless use that endangers the proper operation of the Sensor;
3. c) Return the Sensor to the designated address whenever a problem is detected in its operation;
4. d) Place the Sensor in the original box when not in use and store it in a safe place;
5. 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 Panelist is not necessary for these interventions to occur.

Technical support

Whenever the Panelist experiences a problem with a sensor’s operation, he/she should notify the provider through 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 Panelist can be ended by both parties at any time and at no cost to any party. If the Panelist 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 Panelist, 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 of the Panelist’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 broadcasted/streamed content 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.

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 behavioral individual raw data are stored for 12 months in pseudo anonymized format.

Any personal data provided by the Panelists 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 Panelist 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 Panelist, automatically cancelling any future obligations.

Connections

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