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/Two sensor). The software includes the Web Application and a Mobile Application, hereinafter referred to as “Web App” and “Mobile App”, respectively. The sensor James One/Two 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”.
MindProber, SA is headquartered at Praça Conde Agrolongo, nº123, 4700-312 Braga, with registered capital of € 50,000.00 (fifty thousand euros), registered in the with the unique registration number and company number 513.965.556.
The access and use of the Platform require a license provided by MindProber.
The Web App consists of a WEB application for visualizing multimedia contents and answering surveys that assess consumer behavior. The Mobile App collects data from the Sensor, and allows you (the Panelist) to evaluate the contents visualized through a dial menu.
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 their collaboration, the Panelist will have at his/her disposal a biometric sensor (James One or James Two), which will be received at the address indicated on the registration moment. 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 studies depends on having the sensor, as well as installing the MindProber App, available for 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, MindProber or any fieldwork/research agency working with the MindProber technology.
All physiological and declarative data collected is analyzed anonymously and aggregated for statistical purposes.
HOW TO USE THE WEB APP
The Platform is made available free of charge to Panelists who agree to participate in multimedia content evaluation studies using the MindProber technology.
The use of the Web App requires a login account, using the credentials and password provided by MindProber or the fieldwork partner. The Web App will allow visualizing multimedia content, responding to consumer surveys, 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 for the visualization and evaluation of multimedia content. MindProber cannot be held liable for any damages arising from the use or lack of use of the Platform.
MindProber does not guarantee the continuous operation of the Platform, or does it guarantee that it is free of any errors.
Access to the Platform 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 Platform 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 the credentials and password provided by MindProber or the fieldwork partner.
The Mobile App will allow you to accept invitations and participate in multimedia evaluation studies, answer to surveys and, when required, can be used simultaneously with the Web App and the Sensor.
HOW TO USE THE SENSOR
The Sensor collects electrodermal activity, while panelists are visualizing multimedia content. The use of the Sensor assumes the simultaneous use of the Mobile App.
Electrodermal activity is a physiological response related to the sudation of the hands and is used as a measure of emotional activation/engagement with the content.
The Sensor requires careful use as detailed in the instructions provided with the Sensor. Damages caused by improper use of the Sensor are 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, as detailed in the instructions shipped with the sensor.
By agreeing to collaborate with MindProber, the panelist authorizes the shipping of a biometric sensor 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 in the collection of information, the panelist should:
- Properly use the Sensor, strictly following the instructions that are sent with the Sensor;
- Avoid any careless use that endangers the proper operation of the Sensor;
- Return the Sensor to the designated address whenever a problem is detected in its operation;
- Place the Sensor in the original box when not in use and store it in a safe place;
- Keep the sensor away from children and animals
MindProber has the right to make the changes to the Apps and Sensor that it deems necessary to increase its efficiency or performance.
Updates resulting from maintenance services provided by MindProber will be made available remotely, so prior authorization by the Panelist is not necessary for these interventions to occur.
Whenever you experience a problem with the sensor, you should 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 of the fieldwork partner using the contact given at recruitment, 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 MindProber, or fieldwork partner, and the Panelist can be ended by both parties at any time and at no cost to any party. If you want to end your collaboration, you should communicate 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.
The physiological and declarative (survey or dial) data collected are anonymized, will only be processed by MindProber and cannot be transmitted at the participant-level to third parties. MindProber’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 electrodermal activity, when collected, to be processed and stored by MindProber under the terms provided herein
Physiological and declarative data are collected for evaluating the panelist’s emotional response to visualized multimedia content.
In some studies, we perform audio capture through the mobile phone (audio fingerprints). This capture is only used to synchronize your Mobile App with the TV broadcast and is not saved nor used for any other purpose.
This app collects location data to enable a Bluetooth connection with the sensor that allows users to log in to the app, collect data during sessions, and update the sensor firmware even when the app is closed or not in use.
This app collects audio fingerprints (hash-coded data that is neither audible nor decodable) during content evaluation sessions for synchronization between the sensor data and the visualized content.
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, maybe exercised, in writing, to the headquarters of MindProber indicated in the initial part of these Terms and Conditions, or to the fieldwork partner, using the appropriate contacts.
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.
Any personal data provided by the panelists is used solely for the expressed purposes. Personal data is stored for the same length of time as the 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.
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:
- Accuracy, quality and updating of data available to MindProber;
- Means and used to obtain the data made available to
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.
The cookies used in this application are as follows:
- Counting clicks per screen and module displayed;
- Time spent per screen and module;
- Session state;
- Internet Explorer: Tools -> Internet Options -> Privacy-> Configuration. For more information, you can consult Microsoft support or browser
- Firefox: Tools -> Options -> Privacy -> History -> Custom Settings. For more information, you can consult Mozilla support or the browser
- Chrome: Settings -> Show advanced options -> Privacy-> Content configuration. For more information, you can check Google support or browser
- Safari: Preferences -> Security. For more information, you can consult Apple support or browser
MindProber is not responsible for the referral to any links or hyperlinks managed by third parties (e.g. third-party survey platforms) 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.