Nielsen and nbn Panel Membership Agreement

Effective Date: June 2020

CAREFULLY READ THE FOLLOWING AGREEMENT. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE NIELSEN COMPANY (AUSTRALIA) (THE "COMPANY"). THIS AGREEMENT, ALONG WITH THE NIELSEN PRIVACY NOTICE (COLLECTIVELY, THIS "AGREEMENT"), GOVERNS YOUR MEMBERSHIP IN THE NIELSEN NBN PANEL (THE "PANEL"). BY JOINING THE PANEL, YOU AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.

1. BACKGROUND

The Nielsen Company (Australia) Pty Ltd, with a principal place of business at 11 Talavera Road, Building B, Level 2, Macquarie Park, NSW, 2113 ("Nielsen" or "Company"), a world leader in market research and consumer information, manages panels of selected consumers for the purposes of understanding use of various digital devices (e.g., Windows and Mac computers, iPhones, iPads, iPod Touch, Android smartphones and Android tablets and related services) (individually and collectively a "Device" or "Devices"), and to help Nielsen clients understand what motivates consumers to buy and use certain services, products as well as Device features by observing behavior on such Devices (the "Research").

nbn Co Limited (nbn) is collaborating with Nielsen in order to develop a deeper understanding of end customer experience by creating a research panel that will provide insights into network performance and end customer experience (“the Trial”). The Trial will involve the monitoring and measurement of an end customer’s network performance and usage via a both a device solution (“the Monitoring Device”) to be provided by a distributor appointed by nbn from time to time (“the Technology Vendor”) and installed at your premises, as well as Software to be installed on your Device(s). The network performance and usage information collected by the Monitoring Device and the Software (defined below) will be made available to nbn (only by reference to your address), the Technology Vendor and Nielsen.

In this Agreement, “Trial Activities” means all activities undertaken by nbn, Nielsen or the Technology Vendor in connection with the Trial, including any Research conducted by Nielsen.

2. CONSENT and COLLECTION NOTICE

By providing your details and consenting to this Agreement (as defined below), you ("you", also referred to as the "Participant"), agree to take part in the Trial and agree to install a Monitoring Device in your residence, and applications (the "Software") on your Device(s) for the purposes of the Trial Activities and as further set out below. The Participant acknowledges and agrees each Device may require separate Software to be installed.

You agree to the collection of the data by the Monitoring Device and the Software and the sharing of that data with nbn, Nielsen and the Technology Vendor, as described in this Agreement. The information that will be collected from you using the Monitoring Device and the Software includes measurement metrics relating to download speed, upload speed, website performance, web browsing, online storage and streaming of video streaming platforms. The Monitoring Device and Software create the metrics by sending and receiving test data packets to and from test servers. Your use of the internet, including your browsing and streaming activity is NOT collected, monitored or used.

Nielsen would like to contact you for the purposes of the Trial Activities by email, post, SMS, phone and other electronic means, including to conduct customer experience surveys and to verify and update key Trial information (for example your address, speed tier, the number of people in your household and the broadband equipment that you use). By providing your details you consent to Nielsen contacting you and requesting information from you in connection with the Trial Activities. Nielsen will retain and use your Personal Information (as defined in the Privacy Act 1988 (Cth)) for the purposes of the Trial Activities. Please read the Nielsen Privacy Notice, our privacy policy, at: https://www.nielsen.com/au/en/legal/privacy-policy/ which contains further information about how Nielsen uses your Personal Information and how to complain. If you have any questions, please email privacy.department@nielsen.com

In the course of the Trial we will collect your Personal Information but Nielsen and the Technology Vendor are contractually obliged not to transfer any such Personal Information to nbn. If you do not supply the requested Personal Information to us, you will not be able to participate in the Trial. We may transfer your Personal Information to the Technology Vendor to enable the Technology Vendor to dispatch the Monitoring Devices, deal with any technical issues associated with the Monitoring Devices, and process any other matter specified by the Technology Vendor in relation to Trial Activities. The Participant acknowledges and agrees that as part of the Trial. The Technology Vendor’s privacy policy, which sets out how the Technology Vendor will deal with your Personal Information, subject to such use being for the Trial Activities, is available here: https://samknows.com/privacy-policy.

In addition, you acknowledge and agree that you will use your best endeavours to ensure that any information you provide in response to a questionnaire, survey or request in relation to the Trial, including but not limited to your internet usage, is correct.

THE NIELSEN PRIVACY NOTICE FORMS PART OF THIS AGREEMENT AND SETS OUT IMPORTANT ADDITIONAL INFORMATION REGARDING YOUR RIGHTS. IT IS IMPORTANT THAT YOU FAMILIARIZE YOURSELF WITH THE CONTENT OF THIS PRIVACY NOTICE PRIOR TO ACCEPTING THESE TERMS.

YOU EXPLICITLY AGREE THAT ON PANEL ENROLLMENT AND INSTALLATION OF THE MONITORING DEVICE AND SOFTWARE, NIELSEN WILL HAVE THE RIGHT TO PROCESS AND ANALYZE THE COLLECTED MEMBERSHIP AND USAGE DATA AS SET OUT IN THIS AGREEMENT, NIELSEN'S PRIVACY NOTICE, AND THAT NIELSEN WILL HAVE THE RIGHT TO MAINTAIN MEMBERSHIP DATA AND RECEIVE AND PROCESS USAGE DATA FOR THE PURPOSES SET OUT IN THIS AGREEMENT FOR THE DURATION OF THE PANEL MEMBERSHIP. AND PRIVACY NOTICE.

3. MEMBERSHIP ELIGIBILITY/PROCESS

Eligibility. In order to be eligible to join the Panel, you must meet ALL of the following requirements:

  • Be 18 years of age or older and capable of entering into a binding contract. You expressly declare that you are the owner of or lawfully exercise control over your residence and any Device onto which you authorize the downloading of the Software and the installation of a physical internet monitoring device on your residential wifi network.
  • You are the parent or guardian of any minor with access to the Device(s) on which the Software is being installed.
  • You have informed those individuals with access to the Device(s) on which the Software is being installed that you have agreed to install the Software, and these individuals have given you their explicit consent to contribute to and participate in this Trial.
  • Complete the enrollment form.
4. RESEARCH PERIOD

The “Research Period” refers to the period from your acceptance of this Agreement to the earlier of your cancellation of participation in the trial or the termination of the Agreement by Nielsen. The Participant may at any time during the Research Period cancel his or her participation by notifying Nielsen in writing and/or by following instructions for disconnecting the Monitoring Device and removing the Software manually from the relevant Device(s). Until the Monitoring Device and all Software is disabled or disconnected, data will continue to be provided to Nielsen, the Technology Vendor and NBN. You agree that you must not install or use a Monitoring Device other than during the Research Period.

5. USING THE SOFTWARE AND MONITORING DEVICE

The Monitoring Device will need to be connected physically to the wifi modem or router inside your residence. You may install the Software on one or more eligible Devices. Please note that you may install the Software only on the Devices which you own or have the right to use and install Software on. Data from the registered Device will be sent to collections server on a regular basis as further described in Section 8. Regular Software updates will be pushed to the Participant by Nielsen, and the Technology Vendor. If the Software is not updated, then the Participant may not be eligible to continue membership in the Panel and all incentives will no longer be provided.

Restrictions. You agree that you will not distribute, modify or copy the Software or Monitoring Device or disassemble, decompile, reverse engineer, or otherwise attempt to derive source code from the Software or Monitoring Device. In addition, you agree that you must not tamper with, dispose of or damage the Whitebox or the Software (or attempt to do so) other than in accordance with this Agreement and any instructions provided to you by the Technology Vendor or Nielsen.

Monitoring Device Installation. As part of the Trial, you acknowledge and agree that you must only install the Monitoring Device in accordance with any instructions provided by Nielsen or the Technology Vendor (including as provided in any documentation that accompanies the delivery of the Monitoring Devices). In addition, you must:

  • install the Monitoring Device at the address for which you are contracted with your nbn service provider;
  • within 14 days of receiving the Whitebox, connect the Whitebox provided by Nielsen or the Technology Vendor in accordance with this Agreement and any instructions provided;
  • not unplug or disconnect the Whitebox unless you are away from your home or you need to conduct maintenance on your network and in each case you agree to disconnect the Whitebox for the shortest period reasonably possible;
  • notify Nielsen within 7 days if you change your nbn service provider or if you change broadband package;
  • notify Nielsen if you change your postal or email address within 7 days of such change;
  • promptly notify Nielsen if you have any issues or problems with your Whitebox;
  • comply with any applicable laws and regulation with respect to the Whitebox and any services provided by either Nielsen or the Technology Vendor;
  • procure and maintain your network connection;
  • not use the Whitebox or any services provided by Nielsen or the Technology Vendor outside the scope of permitted use under this Agreement and not infringe any intellectual property rights or other rights in or relation to the Whitebox or these services or of any third party; and
  • use all reasonable endeavours to prevent any unauthorised access to, or use of, the Whitebox and any services provided by Nielsen or the Technology Vendor during the Trial. In the event of any such unauthorised access, you will notify Nielsen as soon as possible.

Monitoring Device Delivery, Storage and Return. Once you have received the Monitoring Device, you must store and retain the delivery box and other packaging for the duration of the Research Period so that this may be returned to Nielsen or the Technology Vendor should your participation in the Trial be discontinued for any reason. Should your participation in the Trial be discontinued, you may be required to return the Monitoring Devices via post. In returning the Monitoring Devices, you must ensure that the shipping or postal labels are legible and that the Monitoring Devices are packed as carefully as possible to minimise any damage during transit. You must comply with any reasonable instructions given to you by Nielsen in connection with the use, storage or return of the Monitoring Device.

Copyright. The Software is protected by Australian copyright laws, international treaty provisions, and other laws. You may not use, copy, display, modify or distribute the Software or any accompanying documentation except in strict accordance with this Agreement.

Software Updates. You understand and agree that the Company or the Technology Vendor may, from time to time, automatically update the Software and Monitoring Device in order to modify and/or supplement the type of data it tracks and to fix errors and you agree that the Company or the Technology Vendor may do so without providing notice to you. You also acknowledge that such updates may cause a temporary suspension of the Whitebox measurement and other services provided to you by Nielsen or the Technology Vendor.

Payment. The Participant is not obliged to pay any fee to participate in the Trial or receive the Whitebox. For the avoidance of doubt, nothing in this section 5 affects your obligations to pay any applicable network charges incurred as part of the Trial, including to your nbn service provider.

Intellectual Property Rights. You acknowledge and agree that Nielsen and the Technology Vendor are the owners of the intellectual property rights subsisting in and arising from any services that they respectively provide to you in connection with the Trial and that your participation in the Trial does not give you any right to any such intellectual property right. The Technology Vendor will remain at all times the owner of any intellectual property rights subsisting in the Whitebox.

Security. You acknowledge and agree that you must keep any account details and passwords generated in connection with the Trial secure, including by complying with the following:

  • if you choose, or you are provided with, a user identification code, password or any other piece of information as part of the Trial security procedures, you must treat such information as confidential. You must not disclose it to any third party;
  • Nielsen or the Technology Vendor may disable any user identification code or password, whether chosen by you or allocated by Nielsen or the Technology Vendor, at any time, if in the reasonable opinion of Nielsen or the Technology Vendor, you have failed to comply with any of the provisions of this Agreement; and
  • you are responsible for all access and use of the Whitebox and the Software by you or anyone using your user names and passwords, and for preventing unauthorised use or disclosure of any of such user name and password. If you believe there has been any breach of security or unauthorised access or disclosure, you must notify Nielsen.

Ownership and return of equipment You acknowledge and agree that ownership of the Whitebox and any Software provided by Nielson or the Technology Vendor in connection with the Trial does not transfer to you. Either Nielsen or the Technology Vendor may request the Whitebox to be returned at any time during the Trial, and you agree to return the Whitebox within 28 days of such a request and in accordance with this Agreement and any instructions provided to you by either Nielsen or the Technology Vendor. You agree and understand that if you do not return the Whitebox within the required time, Nielsen or the Technology Vendor may exercise its legal rights to recover the Whitebox.

6. NETWORK CHARGES

Participation in the Trial may involve transmission of data through Participant's service provider's network via the Devices and the Monitoring Device. Participant's network service provider may charge for such data transmission. The Participant is responsible for any and all costs related to the use of any Device(s). The data traffic may incur a monthly telecommunication cost for which the Participant shall be solely responsible. The fee charged depends on the Participant's mobile operator.

Nielsen assumes no responsibility for the payment of any communications charges incurred due to participation in the Research with any Devices.

The Technology Vendor will use reasonable endeavours to ensure that the Monitoring Device causes no disruption to the performance of your network. However, you understand and agree that the Monitoring Device and the Application(s) may occasionally impact your network performance and the performance of your Device(s). If this happens, you agree to hold the Technology Vendor, nbn , Nielsen and your nbn service provider harmless from any impact the Monitoring Device or the Applications may have on the performance of your network or Device(s).

Below is a table with estimated monthly data usage per Speed Tier based on the two test schedules on white box.

Speed Tier Light (GB) Standard (GB)
12x1 4 14
25x5 7 30
50x20 14 64
100x20 24 103
100x40 28 110
250x25 53 223
7. AVAILABILITY

Nielsen may choose to exclude or remove Participants or discontinue the Research or any part thereof in its sole discretion. In such case you will be provided with a prior notification by email or any other reasonable method. If Nielsen reasonably believes that you are under 18 years of age and your parent or guardian has not provided their consent for you to participate in the Research and agree on your behalf to the terms of this Agreement, then your participation in the Research may be denied or terminated at any time without notice.

8. UNINSTALLING THE SOFTWARE AND MONITORING DEVICE

If you uninstall the Software in any Devices or remove the Monitoring Device, Nielsen and NBN will be alerted that you have chosen to opt-out of the Panel and You shall no longer be eligible for any incentives. In such a circumstance you will be required to return the Monitoring Device. If you wish to remain as a Participant of the Panel, you would need to re-install the Monitoring Device and Software in at least one Device. In addition, the Monitoring Device or Software may also push a notification in order to check if the Software is still running on the Device(s). It is up to you whether or not to re-install Monitoring Device and Software and remain in the Panel. You must also follow all procedures in order to completely uninstall the Software, Monitoring Device and any services from your Device and residence. If you do not disable or uninstall the Software or Monitoring Device in accordance with such instructions and any other documentation provided to you in connection with the Trial, data will continue to be sent to collection servers. If you choose not to re-install the Monitoring Device or Software so that no Device at any given time has Software installed, you will no longer remain in the Panel.

9. OTHER RESEARCH PROGRAMS

Nielsen may invite Participants to attend additional research programs related to the use of Devices, the Monitoring Devices, the Trial and this Research. These programs request additional market research information to help us better understand specific types of usage. Your participation in such a program is always voluntary, and you therefore have a choice whether to provide the requested program information. These programs may involve additional incentives for participation. Participation in these additional programs does not constitute a condition of continuation of your Membership in our Research Panel nor is the participation to such programs considered mandatory for the purposes of this Research.

You may be invited to join additional research programs also outside the period of this Research Period.

10. DISCLAIMERS AND LIMITATION OF LIABILITY

YOU ASSUME THE ENTIRE COST OF ANY COST, DAMAGE, LOSS, LIABILITY OR EXPENSE RESULTING FROM YOUR USE OR EXPLOITATION OF THE MONITORING DEVICE AND SOFTWARE. THE MONITORING DEVICE AND SOFTWARE IS SUPPLIED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE COMPANY AND ITS REPRESENTATIVES HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NONINFRINGEMENT. EACH OF THE COMPANY AND ITS REPRESENTATIVES MAKES NO WARRANTY THAT THE MONITORING DEVICE OR SOFTWARE WILL BE ERROR- OR BUG-FREE OR THAT ITS USE WILL BE UNINTERRUPTED OR THAT YOU WILL ACHIEVE ANY PARTICULAR OR DESIRED RESULT BY USING IT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, THIRD PARTY CLAIMS, OR OTHER LOSS) ARISING OUT OF OR IN CONNECTION WITH THE MONITORING DEVICE, ANY SOFTWARE, YOUR USE THEREOF, THE DATA THEREBY COLLECTED, OR THIS AGREEMENT, WHETHER BASED UPON BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND PRODUCT LIABILITY) OR OTHERWISE, EVEN IF THE COMPANY OR ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY'S OR ITS REPRESENTATIVES TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION EXCEED $50.

11. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Technology Vendor, Nielsen and NBN from and against any and all claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of (i) your breach of this Agreement, (ii) your infringement or violation of any intellectual property, other rights or privacy of a third party, (iii) your misuse of the Software, (iv) misuse of the Monitoring Device and (v) your failure to procure any consent required under this Agreement.

12. MISCELLANEOUS

Agreement Changes. In the event Nielsen may seek to amend this Agreement, Nielsen will provide you with prior written notice (for example such notice may be given by way of e-mail message). Should you not agree to the proposed amendment you are free to discontinue your Membership in the Panel and the Research in which case you should immediately uninstall the Software and the Monitoring Device and follow the instructions on the Panel Member Site. Any continued use of the Monitoring Device and Software after the effective date of the amendment will be deemed to be your acceptance of this Agreement as amended according to the written notification.

Conflicts/Post Termination. This Agreement shall neither exclude nor limit any of your mandatory rights as a consumer. If there is any conflict between this Agreement and any Privacy Notice, the provisions of this Agreement shall prevail. The provisions of this Agreement that are intended to survive termination shall remain valid after any termination.

Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF NEW SOUTH WALES, AUSTRALIA, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. ALL PARTIES TO AND DISPUTES ARISING OUT OF THIS AGREEMENT SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN NEW SOUTH WALES.

Assignment. You shall not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without the prior written approval of the Company. The Company may assign this Agreement, and its rights and obligations hereunder, to any third party without your consent or notice to you. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

Severability. If any provision contained herein is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. In any event, the remaining provisions shall be enforced.

Entire Agreement. This Agreement is the entire agreement between you and the Company with regard to the subject matter hereof and supersedes any and all prior communications with respect thereto.

13. nbn Nielsen Broadband Panel -Raffle mechanics

Eligibility Rules:

  • The device first connect for more than 15 calendar days before the raffle date. User set will be finalised on 27th of every month - Where First log is received before 12th of that month
  • Device connected and sent data log for at least 10 days in the respective month
  • One entry for each active panelist per month
  • One additional entry for each survey response completed on or before 25th of the respective month. If survey response was completed after 25th of the respective month, the additional entry will be applied for the next calendar month

Method: Randomly computer generated

Frequency: Every month

Raffle date: Every month- Starting from 27th Aug 2020

Number of winners: 2 panellists

Amount: Aud 1000 for each panellist (i.e. 10000 points)

Redemption: 10000 points will be added in the account (nbn-nielsenpanel.com) for both the panelist. Panelist can place a redemption request as per the availability of the vouchers

Communication: Winning panelist will be notified via the registered email address. First name and state will be displayed on website and newsletter as well for the rest of the panel members

Remark:

  • Repeated winnings are allowed
  • The Prize is not transferable, assignable or refundable and cannot be substituted for cash

14. CONTACTS

For any questions and requests concerning your personal data, please contact us at nbn.nielsenpanelsupport@nielsen.com.

THANK YOU - WE APPRECIATE AND VALUE YOUR PARTICIPATION!