The “Panel Provider” is the company that has invited you to participate in Data Tasks run by us under the Panel Provider’s terms and conditions. You acknowledge that the Panel Provider, and not us, is responsible for any rewards they offered to you in connection with a Data Task.
We are the organisation that runs the Data Tasks and are different from the Panel Provider.
Our relationship with you is regulated by these Terms and is limited to giving you access to the Data Jobs to enable you to submit your information, and use this information in accordance with these Terms and our Privacy Notice.
Therefore, these Terms regulate your: (i) participation in the Data Tasks we run when you accept an participation Invitation sent by your Panel Provider and; (ii) how we will process the information you submit.
As you are registered with the Panel Provider and not with us, we do not know your name or have your contact details. We only receive an ID number from your Panel Provider when you accept an Invitation. This is to: (i) protect your privacy; and (ii) because your relationship with us is limited to enabling your participation in the Data Task through our Service and processing your information. Therefore, by accepting our Terms you acknowledge that:
However, the Panel Provider may subsequently contact us, in which case we will provide reasonable assistance to address any queries or complaints you may have.
You can nevertheless address directly to us any specific queries or complaints you may have in relation to how and why we process your personal data. Our Privacy Notice is available at http://www.measureprotocol.com/privacy. It is important that your read it along with these Terms, so you know how and why we use your personal information in connection with the Data Tasks and how we share this information with Measure Customers.
You must be at least sixteen (16) years old to access and participate in our Services.
The Data Tasks you may be invited to participate in are detailed in Condition 4 below and explained further in our Website. The FAQ sections in our Website aim to help you understanding our web based Retro Services.
You need to comply with these Terms when you participate in a Data Task. Your attention is particularly drawn to the provisions of Condition 6 (Obligations) and Condition 13 (Limitation of liability), but please read these Terms in its entirety to understand all your rights and obligations under these Terms.
Data Task: has the meaning specified in Condition 4.3 below;
Invitation: is an invitation your Panel Provider sends you offering you to participate in one or more Data Tasks and submit information to us;
Measure Customers: brands and market researchers that wish to use your data for market research purposes or for other purposes specified to you;
Our, us, we, Measure: means us, Measure Protocol Limited;
Privacy Notice: means our privacy notice available at http://www.measureprotocol.com/retro/privacy;
Services: has the meaning specified in Condition 4;
Terms: means these end user terms and conditions that apply to you and us;
Website: our website available at http://www.measureprotocol.com; and
You, your: means you, the individual person who accepts an Invitation.
1.1 Company details. The company that provides the Services to you is Measure Protocol (company number 11220400) a company registered in England and Wales and our registered office is at 16 Great Queen Street, Covent Garden, London - United Kingdom, WC2B 5AH.
1.2 Contacting us. Your primary point of contact is your Panel Provider as you are not registered with us and we do not control any incentives connected to the Data Jobs. However, you can contact us e-mail us at support@measureprotocol.com, in relation to any technical aspects of your participation in a Data Task.
2.1 What these terms cover. These are the terms and conditions on which we make the Data Tasks available to you and process the information you submit.
2.2 Why you should read them. Please read these Terms carefully and our Privacy Notice and make sure that you understand them before participating in a Data Task. If you refuse to accept these Terms, you will not be able to access or participate in the Data Tasks.
2.3 Why you should print a copy. You should print a copy of these Terms or save them to your computer for future reference.
2.4 We may amend these Terms. We amend these Terms from time to time. Every time you participate in a Data Task, please check these Terms to ensure you understand the terms which will apply at that time.
2.5 Our Services (as described in Condition 4 below) allow you to participate in Data Tasks.
2.6 Your User ID. We will create for you, or the Panel Provider will pass on to us, a pseudonymous user ID connected to your Data Tasks (“User ID”).
3.1 A Data Task allow you to share your personal information with us and with brands and market researchers to earn incentives and rewards offered by your Panel Provider.
3.2 Data Task. Your Panel Provider may send you Invitations. If you accept an Invitation, and then our Terms, you may:
3.3.1 participate in surveys organised by us or by Measure Customers such as providing feedback on interesting topics (“Surveys”); or
3.3.2 participate in various data tasks such as taking a picture of an object and in new types of data tasks as they become available; or
3.3.3 submit to us screenshots, videos, exported files, etc., showing for instance, your recent purchasing history on a website or app, or you recently watched videos on a specific platform or similar usage data through our Services (“Retro”); and
3.3.4 other similar data tasks where you are asked to share your information with us or Measure Customers.
(together the “Data Tasks”).
3.4 Your acceptance. We will explain to you in advance the personal data you are invited to share with each Data Task and the purposes for which such data will be used, which will typically be for market research purposes. Your participation in Data Tasks, is subject to your consent and is completely voluntary. However, Measure does not guarantee that you will receive a certain minimum volume of Invitations to participate in Data Tasks.
3.5 Availability of our Services. Our Services are usually be available 24 hours a day, 7 days a week and 365 days a year, but please note that we may suspend our services as specified in Condition 11 (Suspension).
3.6 Age limit. You must be sixteen (16) years to access and participate in our Services.
4.1. You must:
4.1.1 not breach any of your obligations set out in these Terms;
4.1.2 always participate in any Data Task diligently and in good faith. You must not (as appliable in relation the Data Job you agreed to participate in): (i) provide false answers, random answers, or speed through a Survey without giving due attention to the questions; (ii) answer each question the same way; (iii) illegally or fraudulently submit data by any means other than Measure Services are designed to allow; (iv) submit data (including but not limited to images, videos or audio) that is not required for, or relevant to, the Data Task you agree to participate in; or (v) circumvent, or try to circumvent, our Services to obtain rewards or other incentives.
4.1.3 not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Services or any operating system;
4.1.4 not infringe our intellectual property rights or those rights of any third party in relation to your use of the Services;
4.1.5 not rent, lease, sub-license, loan, provide, or otherwise make available, the Services in any form, in whole or in part to any person without prior written consent from us;
4.1.6 not copy the Services or any materials contained in the Services, our Website or otherwise, nor any documentation thereto and content thereof, except as part of the normal use of the Services;
4.1.7 not translate, merge, adapt, vary, alter or modify, the whole or any part of the Services and any documentation thereto nor permit the Services and any documentation thereto or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Services on devices as permitted in these Terms;
4.1.8 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Services nor attempt to do any such things;
4.1.9 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services;
4.1.10 not use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
4.1.11 not use the Services to buy or solicit for goods, services, or money, or to advertise or sell products or services to others. For example, do not post any advertising, referrals, promotional materials, junk mail, "spam", chain letters, pyramid schemes or any other form of solicitation;
4.1.12 not collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services;
4.1.13 not publish or make reference in any media to any Data Task or Measure’s content without our prior written consent other than giving your views or feedback about the Services as a consumer and always in accordance with applicable laws; and
4.1.14 not access or use any part of the Services for anything other than your personal, non-commercial use.
4.2 We reserve the right to suspend your participation in Data Tasks if you breach this Condition 7;
4.3 Your licence. Subject to our compliance with data protection legislation, you hereby give a non-exclusive, perpetual, unlimited, worldwide, royalty-free right to Measure to use for any purpose any content you submit to the Services, including the right to edit, copy, transmit, publish, display, modify, distribute, create derivative works from and develop such content and to transfer such content to third parties. You, not Measure, will have sole responsibility and liability for all content you use, upload, post or submit to the Services, including in any Data Task in which you participate, including the obligation to obtain any necessary approvals and authorisations required to post such content.
5.1 Confidential and/or proprietary information. We or Measure Customers may disclose confidential and/or proprietary information and materials to you as part of a Data Task, and such information and materials shall remain the sole and exclusive property of its owner. This may include confidential information such as new product ideas or concepts, packaging concepts, advertising and movie or television concepts or trailers, and the text, visual images and sounds related thereto.
5.2 Your obligation. You must keep confidential the contents and materials disclosed to you as part of all Data Tasks or the Services, in which you participate and not disclose them to any third party or use the confidential information for any purpose except for the sole purpose of completing the Data Tasks. If you breach this obligation, in addition to termination or suspension of our Services or these terms, you may be liable for monetary damages to us and/or Measure Customers for damages caused by the result of your breach.
We will use your personal information as set out in these Terms, our Privacy Notice and applicable data protection laws.
In particular, in relation to Retro, we will extract your usage or purchase information from the images you submit (the “Retro Data”) and will share with Measure Customers the Retro Data linked to a random ID. However, we will not share with Measure Customers the images (videos, photos) you submit to us and we will erase them after we extract the Retro data (unless we identify a problem or receive a complaint, in which case we will keep this information until the problem or complaint is resolved).
All intellectual property rights in the Services (including but not limited to the Data Tasks) and any documentation thereto and content thereof throughout the world belong to us (or our licensors) and the rights in the Services and any documentation thereto and content thereof are licensed (not sold) to you for the sole purpose of you using our Services under these Terms. You have no intellectual property rights in, or to, the Services and any documentation thereto and content thereof other than the right to use them in accordance with these Terms.
8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract between us was made, both we and you knew it might happen, for example, if you discussed it with us during the onboarding.
8.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services supplied with reasonable skill and care.
8.3 When we are liable for damage to your property. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice or for damage which was caused by you failing to correctly follow our instructions or to have in place the minimum system requirements advised by us.
8.4 We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any direct or indirect loss of profit, loss of business, loss of contracts, loss or damage to reputation or goodwill, business interruption, loss of business opportunity and any other indirect or consequential damages.
8.5 Limitations to the Services. We do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from our Website or the Services. Although we make reasonable efforts to update the information provided by the Services or our Website, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
8.6 Event Outside Our Control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control.
9.1 We may, at any time, suspend or withdraw all or parts of the Services or your participation in any Data Tasks by giving notice to you if:
9.1.1 it is reasonably necessary for business and operational reasons,
9.1.2 it is necessary for repair, maintenance or improvement of the Services or to protect life, limb or property;
9.1.3 it is required to comply with any laws, regulations or instructions issued by the government, an emergency service or other competent authority; and
9.1.4 you breach any Condition of these Terms.
9.2 Suspension Notice. Except in an emergency when no such notice is required, we will aim to give you as much notice as reasonably practicable if the Services are to be suspended.
9.3 Liability for Service suspensions. We shall not be liable to you for any suspension of the Services, or your participation in the Data Tasks.
10.1 Your termination right. These Terms will automatically terminate, 60 days after you finish your participation in the Data Task you accepted.
10.2 Our termination right. We may, at any time terminate your access to the Services and these Terms if we have reasons to believe that you are in breach of these Terms, any law, or rights of any third party or if we wish. We may also terminate our contract with you for convenience by giving you notice in writing (as specified in Condition 1.3 above).
10.3 Consequences of termination. If these Terms are terminated:
10.3.1 your licence to use the Services or participate in Data Tasks terminates automatically;
10.3.2 you must stop all activities authorised by these Terms, including your use of the Services and your participation in Data Tasks;
10.4 Termination of the Services and these Terms shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination.
11.1 We may transfer our contract with you under these Terms to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
11.2 Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce any of its Terms.
11.3 If a court finds part of these Terms illegal, the rest will continue in force. Each of the terms and conditions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.4 Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.5 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
