GRACENOTE CONNECTIVITY PANEL PRIVACY NOTICE

Effective Date: December 2019

Thank you for agreeing to join Embee's Mobile Performance Meter Panel (the “Panel”). By allowing Gracenote (“Gracenote”, “we” or “us” formerly Nielsen LLC), a Named Market Research Partner, to measure both the quality of service you receive on your mobile phone and the media content to which you are exposed, you help Gracenote’s Connectivity and consumer insight solutions. As a privacy-conscious organization, we take your privacy seriously and are committed to handling your information in an open and transparent manner. This Privacy Notice explains how we will use, share, and protect the information that we collect or otherwise obtain about you in connection with your participation in the Panel. This Privacy Notice also describes your choices and rights in relation to such information.

Please note that this Privacy Notice applies only to information collected by us in connection with your participation in the Panel. This Privacy Notice does not apply to your participation in any other Nielsen panels, studies, or surveys or your interaction with any websites, applications, or online services administered or provided by us, other entities within the Nielsen group of companies, or other third parties. All other Nielsen panels as well as studies, surveys, websites, applications, and other online services are governed by their own privacy notices, and we encourage you to review those privacy notices before disclosing any information. To learn more about the Nielsen group of companies, one or more of which may process your information, please click here.

If you have any questions about this Privacy Notice or our privacy practices, please refer to the “Contact us” section below for our contact information.

Collection of your information

We may collect or otherwise obtain information relating to you and your mobile phone in a variety of ways. The information that we collect or obtain may include personal information – information

that alone or in combination with other information identifies you as an individual, such as your name, email address, mobile phone number, and other information that relates to, describes, is capable of being associated with, or could reasonably be linked to you as an individual and/or your household. Additional details about the information that we may collect or otherwise obtain and the manner in which it is collected or obtained can be found below.

Information obtained from Embee

Once you have downloaded the Mobile Performance Meter (the “Meter”) and joined the Panel, during the course of your participation in the Panel, Embee will share certain information with us that it has obtained or collected from you via the Embee Mobile Performance Meter mobile application (the “App”) installed on your mobile phone, which may include:

• your date of birth (or birth year);
• your gender;
• your home postal code;
• your education level;
• your ethnicity;
• your occupation;
• your household size and income;
• information about your mobile phone, including your unique device identifier, device manufacturer and model, mobile phone number, and wireless carrier’s name;
• your mobile phone’s geolocation information;
• details about the URLs of the website pages that you visit while using mobile browsers installed on your mobile phone, such as Google Chrome, but not any of the information that you type or submit on any of these pages; and
• details about the content that you search for, access, and view in certain video-sharing and content streaming applications installed on your mobile phone, such as YouTube and Netflix (e.g., search terms that you enter, content that shows up in your search results, titles of content that you view, and the time that you spend viewing the content), but not any of your account information.

For additional information about Embee’s collection, use, and disclosure of your information, please refer to the Embee Privacy Policy. 

Information collected by us

Once you have downloaded the Meter and opted in to the Panel, the Meter will run in the background and transmit certain information to us automatically, including:

• information about your mobile phone (e.g., IMEI number, battery strength, signal strength, and network performance);
• the date, time, speed, networks (including Wi-Fi and SSID), and duration of data sessions (mainly to evaluate how well your carrier’s network performs);
• details about the applications installed on your mobile phone (e.g., name and type);
• phone call details (i.e., date, time, phone number dialed or phone number from which the call was received, and duration of the call), but not the actual content of any of your phone conversations (mainly in order to measure the functionality of your mobile phone and network, including whether calls go through or are dropped);
• text message details (i.e., date, time, and phone number associated with the message’s sender/recipient(s)), but not the content of any of your text messages (mainly in order to gauge how well your carrier’s network handles this type of transmission); and
• audio watermarks or “fingerprints” that may be embedded in an audio signal or associated with a video recording to which you are exposed in order to identify the content that you listen to or view on your mobile phone (please note that the Meter activates the microphone on your mobile phone in order to receive these audio watermarks or “fingerprints”).

The Meter does not to review, store, or record any of the content of the emails or files stored on your mobile phone.

If you give us permission, we will also receive via the Meter information about the precise geolocation (latitude and longitude) of your mobile phone through various means depending on the device you are using, including but not restricted to Global Position System (GPS), Bluetooth, or Wi-Fi signals/connections. We will use such information for the purposes described in this Privacy Notice. You may choose to stop our collection of your mobile phone’s geolocation at any time by uninstalling the App from your mobile phone.

We will also periodically request your voluntary participation in certain in-app surveys administered by us (occasionally at the request of one of our clients) in order to understand your views, behaviors, and/or preferences. In connection with these surveys, we will collect additional information relating to or about you that you voluntarily provide.

Some of the information that we collect or otherwise obtain may be considered “special” or “sensitive” personal information (e.g., information that relates to or reveals your racial or ethnic origin, political opinions, religious or other similar beliefs, or health or medical conditions). If you voluntarily share any “special” or “sensitive” personal information with us or we are required to collect such information as a result of legal obligations imposed on us, we will, where necessary, obtain your explicit consent to use such information, and we will use it only in the ways described in this Privacy Notice or at the point where you choose to share or disclose this information as well as in accordance with applicable law.

Use of your information  

We will use your information for the purpose(s) for which it was collected or provided to us (as stated above in the “Collection of your information” section or at the point of collection) or as otherwise obvious from the context of collection.

We will primarily use your information to help us create a variety of research insights for our clients. Our clients may use our insights to understand, among other things, consumers’ brand awareness as well as their attitudes towards certain products, services, and content. Our clients may also use the research insights that we create in order to make informed decisions about various topics, such as the types of products, services, and content that they should develop and where and how to advertise their products and services.

When we prepare reports and share insights with our clients, we use tools and methods that are designed to ensure that there is no reasonable possibility of identifying any participants in the Panel. For example, if you complete a survey, we will combine your responses with the responses of other respondents in order to produce reports with aggregated data from which you cannot be identified.

We may also create reports based upon “modelled data” (i.e., projections based on demographic and behavioral characteristics, such as age, gender, income, education level, household size) that look at a sample group of people and predict the interests and/or behaviors of people with similar characteristics or preferences.

In addition to the purposes described above, we may use your information to:

• operate and manage our IT and security systems, including to monitor such systems and identify and respond to security events;
• respond to your inquiries and requests, and/or update/validate the information that we hold about you;
• conduct research for quality assurance and product, service, and development purposes;
• facilitate our day-to-day operations and financial management as well as any corporate transactions (e.g., a reorganization, merger, sale, joint venture, assignment, transfer, etc.);
• prevent, investigate, take action regarding, or provide notice of fraud; unlawful/criminal activity and other misconduct; security/technical issues; or unauthorized access to/use of information or our information systems;
• protect the rights, property, operations, health, or safety of you, others, or us;
• enforce our agreements; comply with applicable laws and regulations; and establish, exercise, and/or defend our legal rights; and
• respond to subpoenas, court orders, or other legal process/requests and communications from law enforcement authorities or other government officials.

We may also use your personal information for other purposes disclosed to you at the point of collection, such as in a “Notice of Collection” made available to you prior to your completion of a specific survey.

If we combine de-identified or anonymized information with information that identifies you, we will treat the combined information as personal information as long as it is combined.

We will never use your personal information to advertise, promote, market, or sell third-party goods or services directly to you.

Disclosures of your information

In connection with one or more of the purposes outlined above in the “Use of your information” section, we may disclose your information to:

• other entities within the Nielsen group of companies;
• our third-party service providers, which may include providers of the following services (among others): application hosting, management, or support; data analysis or processing; data backup; data security and storage; and product development (subject to binding contractual obligations of confidentiality and security);
• other companies, including our clients, for market research, product development, and other related purposes (these companies are required to keep the information disclosed confidential and secure and prohibited from using it for any purpose other than the purpose for which it has been disclosed to them);
• relevant third parties as part of a corporate transaction, such as a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceeding);
• competent governmental and public authorities, in each case to comply with legal or regulatory obligations or requests or for the purposes of reporting any actual or suspected breach of applicable law; and
• other third parties as we believe necessary (e.g., in order to protect the rights, property, operations, health, or safety of you, others, or us) or appropriate for legal purposes (e.g., in connection with claims, disputes, or litigation or in order to enforce our legal rights).

Where we disclose your personal information to other companies, including our clients, we will do so with your consent or at your direction, such as when you voluntarily complete an in-app custom survey for one of our clients. The information that we share or disclose with these parties will not include your name, email address, mobile phone number, or other information that directly identifies you, but will include demographic information that you have voluntarily provided, such as your gender or occupation, and other information that we collect or obtain relating to you as described above in the “Collection of your information” section.

Please note that we do not and will not sell your personal information to third parties for their own commercial use. Likewise, in the preceding twelve (12) months, we have not sold any personal information.

Children’s privacy

We understand the importance of protecting the privacy of children, especially in the online and mobile environment. All participants in the Panel are expected to be at least eighteen (18) years old, and we do not intend to collect or maintain personal information about anyone under the age of eighteen (18). If we become aware that we have collected personal information relating to a child, we will take reasonable steps to delete it.

Information security

We have in place reasonable organizational, technical, and administrative measures designed to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction while it is under our control. However, please be aware that the storage and transfer of information cannot always be one-hundred percent secure.

Information retention

We will retain your information in a form that permits identification only for as long as necessary for the fulfillment of the purposes set out in this Privacy Notice, unless a longer retention period is required under applicable law or is necessary in order to resolve disputes, protect our legal rights, or otherwise comply with our legal or professional obligations.

Your choices and rights 

Participation in the Panel is always voluntary. If you would like to cease participating in the panel, you may do so at any time by uninstalling the App from your mobile phone and contacting Embee at mpmsupport@embeemobile.com.

You also have choices about how we handle the personal information that we collect or otherwise obtain about you in connection with your participation in the Panel. Depending on your U.S. state of residence, under applicable law you may have the right to:

• request details about the personal information that we hold about you;
• request access to or copies of the personal information that we hold about you;
• request that we update or correct the personal information that we hold about you (e.g., if it is inaccurate or incomplete); and
• request that we delete the personal information that we hold about you.

Please note that we will not discriminate against you if you choose to exercise any of the above-listed rights available to you under applicable law.

If you are interested in exercising one or more of the rights described above, you should complete the form available here or send us an email at privacy.department@nielsen.com. Your request should include sufficient details that allows us to properly understand, evaluate, and respond to it.

Because we want to avoid taking action regarding your personal information at the direction of someone other than you, only you or a natural person or business entity that you have authorized to act on your behalf by providing your written permission (an “Authorized Agent”) may submit a request. Please note that, if you submit a request, we may request information verifying your identity before we can give effect to the above-listed rights. Similarly, we may deny a request from an Authorized Agent if they do not submit proof that they have been authorized by you to act on your behalf.

Updates to this Privacy Notice

We may update and make changes to this Privacy Notice from time to time in light of changing business practices, technology, and/or legal requirements. When we make changes to this Privacy Notice, we will amend the “Effective Date” at the top of this page and such modified or amended version of this Privacy Notice shall be effective as to you and your information as of that revision date.

The most current version of this Privacy Notice will always be available here. We encourage you to review this Privacy Notice periodically to remain informed about how we use and protect your information.

Contact us

If you have any questions, comments, or concerns about this Privacy Notice or our privacy practices, please email us at privacy.department@nielsen.com or write us at the address below. 

Nielsen

85 Broad Street

New York, NY 10004

USA

Attn.: Legal Dept.

If you have general questions about the Panel, including questions about rewards and incentives for your participation in the Panel, please contact Embee at mpmsupport@embeemobile.com.