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 BROADBAND PANEL (THE "PANEL"). BY JOINING THE PANEL, YOU AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
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 measuring behavior across all channels and platforms to discover what audiences love (the “Research”), and to empower Nielsen clients with trusted intelligence that fuels action.
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 Panel”). The Panel will involve the monitoring and measurement of an end customer’s network performance and usage via a device solution, also known as the SamKnows Whitebox (“SamKnows Whitebox”) to be provided and developed by SamKnows, a technology vendor appointed by nbn (“SamKnows”) and installed at your premises. The network performance and usage information collected by the SamKnows Whitebox and any Software (defined below) will be made available to nbn (only by reference to your address), SamKnows and Nielsen.
In this Agreement, “Panel Activities” means all activities undertaken by nbn, Nielsen or SamKnows in connection with the Panel, including any Research conducted by Nielsen.
By providing your details and consenting to this Agreement (as defined below), you ("you", also referred to as the "Panel Member"), agree to take part in the Panel and agree to install a SamKnows Whitebox in your residence, and applications (the "Software") on your Device(s) (if any) for the purposes of the Panel Activities and as further set out below.
You agree to the collection of the data by the SamKnows Whitebox and the Software and the sharing of that data with nbn, Nielsen and SamKnows, as described in this Agreement. The information that will be collected from you using the SamKnows Whitebox 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 SamKnows Whitebox 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.
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 Panel, 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 SAMKNOWS WHITEBOX, 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.
Eligibility. In order to be eligible to join the Panel, you must meet ALL of the following requirements:
The “Research Period” refers to the period from your acceptance of this Agreement to the earlier of your cancellation of participation in the Panel or the termination of the Agreement by Nielsen. The Panel Member 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 SamKnows Whitebox and removing the Software (if any) manually from the relevant Device(s). Until the SamKnows Whitebox and all Software is disabled or disconnected, data will continue to be provided to Nielsen, SamKnows and nbn. You agree that you must not install or use a SamKnows Whitebox other than during the Research Period.
The SamKnows Whitebox will need to be connected physically to the wifi modem or router inside your residence. Data from the SamKnows Whitebox will be sent to collections server on a regular basis as further described in Section 8. Regular SamKnows Whitebox updates will be pushed to the Panel Member by Nielsen, and SamKnows. If the SamKnows Whitebox software is not updated, then the Panel Member 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 SamKnows Whitebox or disassemble, decompile, reverse engineer, or otherwise attempt to derive source code from the Software or SamKnows Whitebox. In addition, you agree that you must not tamper with, dispose of or damage the SamKnows Whitebox or the Software (or attempt to do so) other than in accordance with this Agreement and any instructions provided to you by SamKnows or Nielsen.
SamKnows Whitebox Installation. As part of the Panel, you acknowledge and agree that you must only install the SamKnows Whitebox in accordance with any instructions provided by Nielsen or SamKnows (including as provided in any documentation that accompanies the delivery of the SamKnows Whiteboxes). In addition, you must:
SamKnows Whitebox Delivery, Storage and Return. Once you have received the SamKnows Whitebox, 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 SamKnows should your participation in the Panel be discontinued for any reason. Should your participation in the Panel be discontinued, you may be required to return the SamKnows Whiteboxes via post. In returning the SamKnows Whiteboxes, you must ensure that the shipping or postal labels are legible and that the SamKnows Whiteboxes 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 SamKnows Whitebox.
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 SamKnows may, from time to time, automatically update the SamKnows Whitebox in order to modify and/or supplement the type of data it tracks and to fix errors and you agree that the Company or SamKnows may do so without providing notice to you. You also acknowledge that such updates may cause a temporary suspension of the SamKnows Whitebox measurement and other services provided to you by Nielsen or SamKnows.
Payment. The Panel Member is not obliged to pay any fee to participate in the Panel or receive the SamKnows 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 Panel, including to your nbn service provider.
Intellectual Property Rights.You acknowledge and agree that Nielsen and SamKnows 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 Panel and that your participation in the Panel does not give you any right to any such intellectual property right. SamKnows will remain at all times the owner of any intellectual property rights subsisting in the SamKnows Whitebox.
Security. You acknowledge and agree that you must keep any account details and passwords generated in connection with the Panel secure, including by complying with the following:
Ownership and return of equipment You acknowledge and agree that ownership of the SamKnows Whitebox and any Software provided by Nielsen or SamKnows in connection with the Panel does not transfer to you. Either Nielsen or SamKnows may request the SamKnows Whitebox to be returned at any time during the Panel Period, and you agree to return the SamKnows Whitebox within 28 days of such a request and in accordance with this Agreement and any instructions provided to you by either Nielsen or SamKnows. You agree and understand that if you do not return the SamKnows Whitebox within the required time, Nielsen or SamKnows may exercise its legal rights to recover the SamKnows Whitebox.
Participation in the Panel may involve transmission of data through Panel Member's service provider's network via the Devices and the SamKnows Whitebox. Panel Member's network service provider may charge for such data transmission. The Panel Member 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 Panel Member shall be solely responsible. The fee charged depends on the Panel Member's mobile operator.
Nielsen assumes no responsibility for the payment of any communications charges incurred due to participation in the Research with any Devices.
SamKnows will use reasonable endeavours to ensure that the SamKnows Whitebox causes no disruption to the performance of your network. However, you understand and agree that the SamKnows Whitebox and the Application(s) may occasionally impact your network performance and the performance of your Device(s). If this happens, you agree to hold SamKnows, nbn , Nielsen and your nbn service provider harmless from any impact the SamKnows Whitebox 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)|
Nielsen may choose to exclude or remove Panel Members 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.
If you remove the SamKnows Whitebox, 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 SamKnows Whitebox. If you wish to remain as a Panel Member of the Panel, you would need to re-install the SamKnows Whitebox. It is up to you whether or not to re-install SamKnows Whitebox and remain in the Panel. You must also follow all procedures in order to completely uninstall the Software, SamKnows Whitebox and any services from your Device and residence. If you do not disable or uninstall the Software or SamKnows Whitebox in accordance with such instructions and any other documentation provided to you in connection with the Panel, data will continue to be sent to collection servers. If you choose not to re-install the SamKnows Whitebox, you will no longer remain in the Panel.
Nielsen may invite Panel Members to attend additional research programs related to the use of Devices, the SamKnows Whiteboxes, the Panel 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.
YYOU ASSUME THE ENTIRE COST OF ANY COST, DAMAGE, LOSS, LIABILITY OR EXPENSE RESULTING FROM YOUR USE OR EXPLOITATION OF THE SAMKNOWS WHITEBOX AND SOFTWARE. THE SAMKNOWS WHITEBOX 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 SAMKNOWS WHITEBOX 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 SAMKNOWS WHITEBOX, 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.
You agree to defend, indemnify and hold harmless the SamKnows, 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 SamKnows Whitebox and (v) your failure to procure any consent required under this Agreement
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 (if any) and the SamKnows Whitebox and follow the instructions on the Member Site. Any continued use of the SamKnows Whitebox 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.
Method: Randomly computer generated
Frequency: Every month
Raffle date: Every month- Starting from 27th Aug 2020
Number of winners: 2 Panel Members
Amount: AUD 1000 for each Panel Member (i.e. 10000 points)
Redemption: 10000 points will be added in the account (nbn-nielsenpanel.com) for Panel Member. Panel Member can place a redemption request as per the availability of the vouchers
Communication: Winning Panel Member 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
For any questions and requests concerning your personal data, please contact us at firstname.lastname@example.org.
THANK YOU - WE APPRECIATE AND VALUE YOUR PARTICIPATION!