TERMS & CONDITIONS OF USE

Effective date: December 10, 2018

Thank you for downloading the Telephia™ App ("App") owned and offered by Harris Telecom, LLC and its affiliates ("HarrisX” or “We”). HarrisX provides you with access to and use of the App subject to your compliance with the Terms. You should not download or access this App or use our services ("Services") until you have carefully read and agreed to these terms and conditions of use (the "Terms"). Your use of this App or our Services constitutes your express agreement to be bound by these Terms.

Prerequisites of Use of this Application

When you download this App or you create an account on this App, by selecting "I agree" to the Terms and Conditions you are expressly agreeing to be bound by these Terms. We include the Terms' effective date at the top of the Terms. We may modify the Terms from time to time without notice to you; if we do we will post the revised Terms with a revised effective date. Check the “Account” section periodically to see our most current Terms. By using the App following any modifications to the Terms, you agree to be bound by such modifications.

This App may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically allowed in these Terms.

You must be 18 years of age or older to use this App.  By downloading and using this App you represent that you are 18 years of age or older. This App is intended for use by residents of the United States only.

HarrisX makes the App available so that users may access the Services via a mobile device. To use the App you must have a mobile device that is compatible with the mobile service. HarrisX does not warrant that the App will be compatible with your mobile device.

Member Registration Obligations

As part of the registration process, you must provide HarrisX with accurate, complete, and updated information, including your first name, last name, and a valid email address. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access to the App and forfeiture of reward payments. Please see our Privacy Policy for information regarding how this information will be used and maintained. As part of the registration process you must select a password. You are responsible for maintaining the confidentiality of the password used to log into the Telephia App and you accept responsibility for all activities, charges and damages that occur in relation to your account. You shall promptly contact HarrisX (Telephia) if you believe there has been unauthorized use of your account. In order to prevent unauthorized activity or access to your Telephia App account, you must provide your e-mail address and selected password in order to update your profile information, update personal information (name, e-mail address, etc.) and redeem rewards.

You agree to abide by all applicable laws and regulations with respect to your Telephia App account.

Usage Qualification

Anyone may use the Telephia app, subject to appropriate terms and conditions described in this document.

  1. You are limited to one (1) Telephia account only. Any duplicate accounts are subject to closure, solely at the discretion of HarrisX, and any earned rewards on those accounts will be subject to forfeiture.

  2. All users are limited to a maximum of two (2) devices on their account.
    1. Users who wish to add/register additional devices will need to contact telephiafeedback@harrisx.com and it is at the sole discretion of HarrisX  as to whether additional devices will be allowed.
  3. If a SIM card is removed from a device associated with a user’s account and placed in a different device, the original device will be ineligible for further use with Telephia
  4. Area codes outside the US will be rejected upon registration.
    1. Any existing accounts that have registered devices with a non-US area code are subject to closure at the sole discretion of HarrisX and any reward balances are subject to forfeiture.
  5. Usage (meter hours) outside of the US will not be counted towards Telephia rewards.
    1. Any meter hours accrued outside of the US will be considered invalid and subject to removal at the sole discretion of HarrisX.

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Reward Qualification
To qualify for rewards, including but not limited to rewards granted for installation, registration, and data collection via the Telephia meter, all of the following requirements must be met at the time the reward is earned:

  1. Telephia must be installed on a mobile phone.  Tablets and other mobile devices do not qualify.

  2. The phone must be covered by an active service plan by a US Mobile Service Provider/Carrier (ex: AT&T. Verizon, T-Mobile, etc.).

  3. The phone and user must be physically located in one of the 50 US States.  US territories, protectorates, and overseas installations under US jurisdiction do not apply.

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Redeeming Rewards

Cash Rewards.  You are not entitled to receive payment of any such cash rewards until your account reaches a minimum balance of $3.00 US. Cash rewards are paid through methods made available in the App. Such methods may include PayPal or Gift Cards and cash reward payment methods may be changed by HarrisX at any time. App account balances and/or rewards are not transferable by gift, upon death, as part of a domestic matter, or otherwise. App rewards and accounts may not be auctioned, traded, bartered or sold. Your Telephia App account may not be merged with the account of any other Member under any circumstances. HarrisX reserves the right to change the reward program to include different types of awards other than cash, such as an award points system. In the event that the reward program is changed from cash to a points system, you will be given equal value in points for the existing balance in your account.

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License

The App, including all of its contents, such as text, images, and the HTML or other code used ("Materials"), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, sublicense, or distribute any Materials from this App in whole or in part, for any public or commercial purpose without our specific written permission.

Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to install and use the App and Services solely for purposes of Panel Participation. You have no rights in the App or Services other than those limited rights expressly provided in this Section, and HarrisX reserves all other rights. You shall not seek to, and shall not enable or assist another to decompile, reverse engineer, disassemble, or modify the App in any way.

Your Use of This App

Assignment of Rights to HarrisX. You hereby transfer and assign to HarrisX your rights (including intellectual property rights) in all data collected pursuant to the Privacy Policy, feedback, suggestions, survey responses, innovations, or other contributions you might make with respect to the Software in connection with your use of the Software. You understand and agree that you are not entitled to compensation from HarrisX for this assignment and transfer, though you may be compensated from a third party if such an agreement exists between you and us or you and a third party.

You acknowledge that, in connection with your use of the App, HarrisX will collect information and use, as specified in the Privacy Policy.  In addition to what the App may passively collect, in the course of your use of the App, you may be asked to provide certain information to us. Our use of any information you provide via the App shall be governed by our Privacy Policy. We urge you to read our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.

You acknowledge that from time to time We may issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Standard carrier data charges may apply to your use of the App.

This App may use some of your Wi-fi and cellular data allowance. For the purposes of collecting mobile usage information throughout your mobile phone use the application will automatically restart if the device is restarted or the application is closed or killed.  The measurement can be stopped by turning the meter off from the application’s settings or uninstalling the app.

Termination of User Access to App and Modifications

HarrisX may at any time, in its sole discretion and without cause, terminate any user's license or access to the App without advance notice or compensation.

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the App, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), features and/or hours of availability, and we will not be liable to you or to any third party for doing so.

Rules of Use

The App may be used only for lawful purposes by individuals using authorized services of HarrisX. You are responsible for your own communications, including the upload, transmission and posting of information sent through the app, and are responsible for the consequences of their posting or being uploaded on or through the App. Specifically, but not limited to

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  1. As a condition of use, you promise not to use the App and Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with use of the App and Services. Violation of our rules may result in the termination and cancellation of your Account and forfeiture of any monetary agreements. You acknowledge and agree that we may terminate your account at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).
  2. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any Content, that:
    1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
    2. uses the App or Services for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
    3. you know is false, misleading, untruthful or inaccurate, including, but not limited to, providing inaccurate contact or Account information;
    4. illicitly manufactures activity or other benefits;
    5. results in the sale or transfer of your Account;
    6. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, otherwise violates any law or right of any third party, or is otherwise inappropriate as determined by us in our sole discretion;
    7. constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming");
    8. contains software viruses or any other computer codes, files, content, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
    9. is designed or intended to obtain password, Account, or private information from any Telephia user;
    10. impersonates any person or entity, including any of our employees, representatives, or users;

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c. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the App or Services (or other accounts, computer systems or networks connected to the Services); (iv) otherwise take any action in violation of our guidelines and policies.

d. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the App or Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the App or Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

e. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

f. If for any reason the App or Service is not running as originally planned (e.g., if it becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Company corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Company reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service. If such cancellation, termination, modification or suspension occurs, notification may be posted in the App or to your contact email address.

Security Rules

Violations of system or network security may result in civil or criminal liability. HarrisX will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the App, including, without limitation, the following:

a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;

b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the App, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services;

d. Reverse engineering, reconstructing, copying, preparing derivative works or otherwise imitating the App, or

e. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Compliance With Laws

In connection with the performance, access and use of the App and Services under the Agreement, each party agrees to comply with all applicable laws, rules and regulations including, but not limited to export, privacy, and data protection laws and regulations. Each party represents that it is not named on any U.S. government denied-party list. Further, Customer shall not permit its users to access or use any Service or Content in a U.S. embargoed country or in violation of any U.S. export law or regulation. If necessary and in accordance with applicable law, we will cooperate with local, state, federal and international government authorities with respect to the Services. Notwithstanding any other provision in these Terms, we may immediately terminate the Agreement for noncompliance with applicable laws.

Indemnity

You agree to defend, indemnify and hold HarrisX, its directors, officers, employees, agents and affiliates and their directors, officers, employees and agents harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the App, your violation of the Terms or the posting or transmission of any materials on or through the App by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT:

THE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HARRISX DOES NOT WARRANT THAT THE APP OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. HARRISX MAKES NO WARRANTY THAT THE APP WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE APP, YOUR SOLE REMEDY IS TO DISCONTINUE USING IT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

HARRISX DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE APP. HARRISX IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF HARRISX.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HARRISX, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE APP OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF HARRISX OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF HARRISX TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE APP EXCEED, IN THE AGGREGATE, $100.00.

Applicable Law/Jurisdiction

You agree that the laws of the state of New York, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the App may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with HarrisX or relating in any way to your use of the App resides in the state and federal courts of New York, New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of New York County.

Notices

Notices to you may be made via either email or regular mail. The App may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the App.

Contacting Us

To contact us with any questions or concerns in connection with this Agreement or the App, or to provide any notice under this Agreement to us please email us at legal@harrisx.com.

Apple Device and Application Terms

In the event you are accessing the Services via an application on a device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store (in either case, an “Application”), the following shall apply:

a. Both you and the HarrisX acknowledge that these Terms are concluded between you and HarrisX only, and not with Apple, and that Apple is not responsible for the Application or the Content;

b. The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Services;

c. You will only use the Application in connection with an Apple device that you own or control;

d. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

e. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

f. You acknowledge and agree that HarrisX, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

g. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, HarrisX, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

h. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

i. Both you and HarrisX acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of Agreement which may affect or be affected by such use; and

j. Both you and HarrisX acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third-party beneficiary hereof.

Miscellaneous  

The Terms constitute the entire agreement between you and HarrisX and govern your use of the App, superseding any prior agreements between you and HarrisX. You also may be subject to additional terms and conditions that are applicable to certain parts of the App.

If any term of this Agreement is not enforceable, this will not affect any other terms. Both parties are independent contractors and nothing in this Agreement creates a partnership, agency, fiduciary or employment relationship between the parties. You agree that no joint venture, partnership, employment, or agency relationship exists between HarrisX and you as a result of this Agreement or your use of the App. No person or entity not a party to the Agreement will be a third party beneficiary. Our authorized distributors do not have the right to modify the Agreement or to make commitments binding on us. Failure to enforce any right under the Agreement will not waive that right. Unless otherwise specified, remedies are cumulative. The Agreement may be agreed to online, or executed by electronic signature and in one or more counterparts. No party will be responsible for any delay or failure to perform under the Agreement due to force majeure events (e.g. natural disasters; terrorist activities, activities of third party service providers, labor disputes; and acts of government) and acts beyond a party’s reasonable control, but only for so long as those conditions persist.

Any claim or cause of action you may have with respect to HarrisX or the App must be commenced within one (1) year after the claim or cause of action arose.

You may not assign the Terms or any of your rights or obligations under the Terms without HarrisX's express written consent.

The Terms inure to the benefit of HarrisX's successors, assigns and licensees

© Copyright 2018 by HarrisX, LLC. All rights reserved.

TELEPHIA APP PRIVACY POLICY

Effective date: January 1, 2020

This Privacy Policy applies to all Telephia™ panels or users who agree to participate in HarrisX research programs (each, a “Program”) that involve downloading and installing to their mobile device the Telephia App (the “App”). The App is offered by Harris Telecom, LLC (“HarrisX” or “We”).

Our goal is to gather information that can help our clients, who are companies, improve the products and services that they offer. As part of this Program, you are providing us with information that will help in this goal. We aim to gather this information in a way that protects your privacy. This Privacy Policy describes how we go about doing so, including:

  • The categories of information we gather through the App,
  • How we use that information,
  • The categories of third-parties with whom we share it with and why,
  • Your rights to control our use, disclosure, and sale of personal information about you; and
  • Information about financial incentives we offer for your participation in the HarrisX research program.

What types of information do we gather through the App?

When you participate in the Program, we use the App to collect information from you in a number of different ways. We may collect both information that can reasonably be linked, directly or indirectly, to you or your mobile device (“personal information”) as well information that cannot be linked to you or your device (“non-personal information”).

Information you directly give us

We collect certain forms of personal information from you when you give it to us directly.  For example, we may collect demographic, preference, and other information that you provide in response to recruitment survey questions.  When you sign up for the Program, we may ask you to enter information about who you are, such as your name, date of birth, gender, PayPal email address, and a username and password for the App.

We may also send you surveys through the App.  If you fill those surveys out – which is entirely voluntary - we collect your answers and may store them in a form that identifies you.  Surveys may involve the collection of additional demographic information, including your zip code, your ethnicity and race, education, employment, and income information, your marital status, and the number of individuals in your household.  They also may ask you to provide information about your wireless bill, including details about your wireless plan, charges, and usage.  You may also be given the choice to upload a copy of your wireless bill.

This information will be associated with a unique device ID assigned by Telephia when you register and download the App.

Information the App gathers automatically

The App also automatically collects information as you interact with your device, without you actively entering information into the App.  We may associate this information with personal information, associate it with pseudonymous identifiers (which don’t identify you directly), or remove personal identifiers all together.  This automatically collected information, which we call ‘Meter Data,’ can be gathered whenever your device is on, unless you suspend Meter Data collection through the App settings.  Meter Data is associated with your Telephia-assigned unique device ID.  For Meter Data collection to work properly, you also must allow the App to have all the permissions it requests when you are installing the App.  Turning Meter Data collection off or declining to accept permissions that the App requests will affect your ability to receive payment, incentives, or other awards.

There are several different kinds of Meter Data, including:

  1. Activity Data. We may collect personal information about your use of the internet and other apps on your device, including:
  • The web addresses you visit and the apps you use,
  • How long you visit web addresses or use specific apps for,
  • How frequently you use other apps, and how, when, and for how long you engage with those apps,
  • The apps you install and delete,
  • The categories of content you access, such as videos or pictures, and
  • The advertisements you see and how you respond to them.

  1. Usage Data. We also collect information about your use of certain features that are built into your device or operating system, such as the built-in calling, text messaging, emailing, and picture-taking capabilities of your device.  This is collected to understand how often and how you use each of the   Meter Data may include information from the device about how many pictures you take and when, the time and duration of calls you make or receive, and when you send or receive texts.  We may collect information about calls including the percentage of calls made over 4G, the percentage of calls ended when your device was not in service, and the percentage of calls made to or from an international number.  We take reasonable steps to avoid collecting content of calls, texts, emails, and photos, but may inadvertently capture some of this information from time to time.

  1. System Information. We collect system information about your device, including

What type of device you have,

  1. What type of browser you use,
  2. Your IP address, device serial number (IMEI), and Sim Card ID (IMSI),
  3. The name of your carrier,
  4. The operating system and operating system version running on your device,
  5. When and how long you charge your device,
  6. Your device’s battery level,
  7. When your device is on, in use, off, in standby mode, or in airplane mode
  8. Whether the screen is on or off,
  9. Your device settings and shortcuts,
  10. Your device’s time zone,
  11. Your Location Area Code, Mobile Country Code, and Mobile Network Code,
  12. The apps installed on your device, and
  13. The apps that are running on your device.
  1. Device Identifiers. We collect the Advertising IDs associated with your device, accounts you access on your device, and other forms of advertising IDs.

  1. Connection Information. We collect information about the connections your device detects or makes over Bluetooth, Wi-Fi networks, cellular networks, Near Field Communication (NFC), and other connections, including:

  1. some text
    • How much data your device uses over time,
    • When you download or upload data,
    • What wireless or cellular networks you use to download or upload data,
    • Whether your device is roaming,
    • What types of dataou download or upload,
    • The networks your device detects or connects to and when,
    • The performance, speed, and quality of those networks,
    • Information about how and when you use devices for tethering, and
    • Information about the devices to which you tether.
  1. Location Information. We collect precise information about where your device is geographically located, including latitude, longitude, altitude, speed and direction of movement, the IDs for nearby cell towers, and the strength of the signal you receive from those towers and/or nearby Wi-Fi networks.

  1. Cross Device and 3rd Party Information. If you have the App installed on multiple devices, we may combine information we gather about you from each device.  We may also combine Meter Data with information that we gather about you from reputable third-party sources, such as demographic and other information.

This list contains examples of the type of data collected and is not a comprehensive list of every single data element.  At times we may collect less than the list above.

We may be able to obtain this information even when you are using “private browsing.”  You can turn off our ability to gather this information about your future use of the internet or other apps by turning off Meter Data collection in the App.

What types of information do we avoid collecting?

We endeavor not to collect certain types of particularly sensitive personal information through the App and have established procedural and technical measures designed to avoid doing so.  For example, we try not to collect credit card numbers, bank account numbers, social security number, address book content, the names and email addresses of people you communicate with, healthcare information, the content of your emails, text messages, or calls, and the content of your photos and videos.  As part of our security program, we regularly review, update, and refresh these procedures and technical rules. These measures minimize the amount of sensitive information we collect, but they might not completely eliminate it.  We do not knowingly use, store, or disclose any sensitive data that we inadvertently collect.

Collection of information from children

We do not knowingly collect personally identifiable information from individuals under 18 through the App. If you believe a minor under the age of 18 has participated in the Program, please contact privacy@harrisx.com.

What about cookies and Do Not Track?

We use a variety of ways to automatically collect personal and other information from participants, including cookies.  A cookie is a small text file that is saved to your device using your browser, which allows online services to recognize you and store preferences and other information if you return to the site using the same device and browser.

We use temporary session cookies during the download and registration process to identify the research panel that you have joined, enable the creation of a unique identifieror you, and trigger the download process.

We may use cookies apart from the App and link that data to other data in your profile, including data that is collected through your use of the App.

You may remove cookies and/or control their operation by adjusting your browser settings.  Please visit the ‘help’ section of your browser for more information.

When you download the App, you are affirmatively opting-in to our collection, use, disclosure, and sale of personal information about you in accordance with this privacy policy.  Because you are affirmatively opting-in to participate in the research program and receive rewards for doing so, downloading the App will over-ride any “Do Not Track” signals you set on your browser or device.  It’s easy to withdraw your opt-in consent - if you decide you no longer wish to participate in the Program, you should uninstall the App.

How does the App transmit information back to our systems?

The App sends the information that it collects back to our systems using the networks that your device connects to.  When the App sends information back to our systems over the public Internet, we use reasonable measures to secure the data. In some but not all instances, it is encrypted. In others, the information is transmitted through the same means of transmission used by your device.

How do we use the information we collect?

We primarily use the personal and non-personal information we collect from you for research and data analytics purposes.  We may combine and analyze the data we collect from you (including any Meter Data) in order to learn more about you or consumers similar to you.  Our analysis may include the use of personal information we have inferred about you from the Meter Data we collect (e.g., information about your preferences or interests based on the sites you visit and apps you use).  We may also combine the data we collect from you with data that we collect from other users to discern trends.  We may disclose the results of our data analysis to our clients, as described in further detail in the next section.

We may also use the information we collect from you:

  • To maintain the configuration and proper functioning of the App,
  • For database or App services (such as customer support or email),
  • To check or improve the quality of the data we collect,
  • To improve the Program and HarrisX services,
  • To develop new HarrisX services,
  • To provide personalized services to you, including notifying you about other panels that may be of interest to you or providing other targeted advertising to you,
  • To measure the effectiveness and performance of our App and the Program,
  • To communicate with you,
  • To detect any unlawful or abusive use of or intrusion into HarrisX systems or services,
  • To respond to an emergency situation that involves significant risk of substantial bodily or property harm,
  • As required by law, and
  • As allowed by applicable law, to the extent such use is not explicitly precluded by this privacy policy.

How do we share your information?

We may disclose the personal and non-personal information that we gather from you and your device for commercial and business purposes.  To protect your privacy, we place contractual limits on use of this information by recipients, for example recipients are not permitted to use this information to contact App users. Please read through all of the details below to learn more about how we share personal information collected via the App.

With our clients

HarrisX works with companies who are interested in learning more about consumers.  We may share research and data analysis with these clients, including personal and non-personal information we gather from you.

We most commonly share data about Program participants with our clients in ‘aggregated’ form.  Our typical process is to combine Telephia users’ data into consumer segments and report on the aggregated (or grouped) results.  Consumer segments are pools of users who have common interests or characteristics, for example, “women between the ages of 28-34 interested in travel websites.”  Once aggregated, the results and consumer segments are shared with our clients and other parties as described in this Policy.

On some occasions, we may share non-aggregated results with our clients – in other words, information about individual Program participants.  Although this non-aggregated data will not include your name, username, or contact information, it may contain unique identifiers or other kinds of information that can be linked with you or your device.  We do not permit our clients to use your personal information to directly market their products or services individually to you, and we do not permit our clients to sell your personal information to others.

The following are examples of the kinds of information we provide to our clients, in the course of providing our services:

  • Advertising Research– We may use personal and non-personal information about you to research the effectiveness of advertising and share the results with one or more of our clients.  In this type of research, we typically combine your data with data from other users into a pool and analyze it for exposure to certain advertising.  We share with our clients aggregated information about the pool (and, in some cases, non-aggregated information about individual pool members) to help our clients understand if and how their advertising spending impacts the consumer journey and consumer decisions.  For example, by comparing the behaviors of a group of users who saw a particular online advertisement with another group of users who did not see that advertisement, we can help advertisers understand the effectiveness of their ads.  The service may also modify or replace content or ads that you see as part of a market research study.

  • Media Use Analysis– We may use personal and non-personal information about you to help our clients understand where consumers go online and how consumers interact with digital media, which includes website content, apps, and advertising that they see.  In this type of analysis, we typically combine your data with data from other users to form consumer segments.  We share with our clients aggregated information about the segments (and, in some cases, non-aggregated information about individual segment members).  For example, we help companies understand the effectiveness of their websites or apps by comparing how users are interacting with their websites or apps versus how users are interacting with their competitors’ websites or apps.

  • Consumer Analysis– We may use your information, including personal information, to enhance our client’s understanding of you and your habits.  For example, where our customer already knows your identity, we may provide them with personal information we collect through Meter Data, our surveys, or a trusted third-party vendor, to augment the information our client already has about you.  Although in each of these cases we permit these other parties and our customers to use your information to enhance their broader consumer segments, to which they then may target advertising, we prohibit these parties from using your information to target advertising or any other marketing communication to you individually.  However, in the normal course of your online activities, you may be a member of a broader consumer segment that sees particular advertising that your data helped create.

With companies that help us offer our services

From time to time, we may work with a service provider (also called a processor) to provide our products and services.  When these third parties have access to your personally identifiable information, we prohibit them from sharing personal information with unauthorized parties; we require them to maintain the confidentiality, security, and integrity of that information; and we prohibit them from using the information for any purpose other than those we explicitly authorize.  We do not authorize these third parties to send you marketing or other communications.

Under other circumstances

In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your information may be among the assets transferred.

We also reserve the right to disclose your information: as required by law, court order, or legal process served on us; when we believe that disclosure is necessary to protect our rights; or to combat suspected fraudulent activities.

Your control over the data we gather

Seeing the kinds of data the App has collected

The App offers an ‘Insights’ screen, which allows you to see some of the highlights of the information we have gathered via the App.  This is only a portion of the information we may collect from you.  Put another way, we may gather information from you that does not appear on the Insights screen.  We will consider requests to view or export the information we have collected from you on a case-by-case basis in accordance with applicable law.  We reserve the right to reject such requests to the maximum extent allowable by applicable law.  To make such a request, please contact privacy@harrisx.com.

As described below, you may have additional rights under laws applicable in California and the European Union.

Ending future data collection

If you do not want to give us access to any of your information through the App, do not install the App.

You can opt-out of all future collection of your information at any time by uninstalling the App from all of your devices. However, to the extent permitted by applicable law or described in this policy, we may continue to retain, use, and disclose any information we collected from your use of the App before you uninstalled it.

You may temporarily suspend our collection of Meter Data by turning off Meter Data collection in the App settings.  You may also limit the information we collect by declining to grant the permissions we request when you install the App.  Note that turning Meter Data collection off or declining to accept permissions that the App requests will affect your ability to receive payment, incentives, or other awards.

Other data-related requests

By agreeing to our terms of service, you are entering into a contractual arrangement where you will receive monetary or other forms of consideration in exchange for granting us ongoing access to the information we gather via the App.  We will consider requests to access, delete, restrict our use of, or amend the information we have collected from you on a case-by-case basis.  We reserve the right to reject such requests to the maximum extent allowable by applicable law.  To make such a request, please contact privacy@harrisx.com.

As described below, you may have additional rights under laws applicable in California and the European Union.

Data security and retention

We retain the personal information we collect only for as long as it is needed to provide the service we offer to our clients or comply with our legal obligations, resolve disputes, and enforce our agreements.

We have put in place reasonable administrative, technical, and physical safeguards to protect against unauthorized access to the information we collect and store.  However, no security measures are 100% impenetrable, and we cannot guarantee against all potential security breaches.  Moreover, the transmission of information over the Internet is not inherently secure, and we are not responsible for the transmission of information over networks that we do not control.

Information for California residents, California Shine the Light disclosure and CCPA

If you are a California resident, you may have the right to receive a free, yearly accounting of the following information for the preceding calendar year: (1) information identifying each third-party company to whom we may have disclosed, within the past year, personally identifiable information about you for direct marketing purposes; and (2) a description of the categories of personally identifiable information disclosed.  You may make such a request by emailing privacy@harrisx.com.

In addition, if you are a resident of California, you may have additional rights.

You have a right to know about personal information about you that we have collected, disclosed, or sold, including :

  • The categories of personal information about you that we have collected in the preceding 12 months and the categories of sources of that information,
  • The categories of sources from which we have collected that information in the preceding 12 months,
  • The commercial or business reason(s) we have collected, used, disclosed, or sold that information, and
  • The categories of third parties to whom we have disclosed or sold that information in the preceding 12 months. We do not knowingly collect, use, or sell information about minors under 18 years of age.

In addition, upon receipt of a verifiable request from you establishing your identity, we may be obligated to disclose specific pieces of personal information that we have collected about you and/or shared with third parties in the preceding 12 months.

You have the right to request deletion of personal information about your that we have collected or maintain, which we will honor subject to certain limitations set forth in California law.

You have the right to opt-out of the sale of personal information about you that we collect or maintain.

For more information on your rights under California law or to submit a verifiable consumer request to access or delete personal information about you and/or designate an authorized agent to do so on your behalf, send an email to privacy@HarrisX.com, including your full name, the email address you used to register for your Telephia account, and your date of birth.  We reserve the right to reject such requests to the maximum extent allowable by applicable law.

You have the right to opt-out of any further sale of such information, which you may exercise at any time by deleting the App from your device(s).

HarrisX will not discriminate against you for exercising any of these rights, however if you opt-out of further collection and disclosure of personal information via the App (by deleting the App) you will no longer qualify for payments, incentives, and other rewards.

Information for EU residents and others outside the United States

HarrisX takes its obligation to comply with applicable data protection laws seriously.  We collect, process, and disclose personal information about you only with your explicit, opt-in consent, which you may withdraw at any time.  We process and disclose that information only as disclosed in this Privacy Policy, as necessary to fulfil our agreement with you, and/or as required by law.  If you live in the European Union, we will honor any rights to confirmation, access, correction, objection, and/or erasure that you may have as a Data Subject under the EU's General Data Protection Regulation (GDPR).  By downloading the App and participating in the Program you acknowledge and agree that personal information about you will be transmitted to HarrisX in the United States, which has not been determined by the European Commission to have adequate data protection laws or may not offer the same level of protection for personal information as those that apply in your country. To object to our further collection of personal information about you via the App, please delete the App. To exercise any other rights you may have under GDPR, please contact privacy@HarrisX.com.  We reserve the right to reject such requests to the maximum extent allowable by applicable law.

Financial Incentives

Participation in Telephia™ panels or HarrisX research programs is entirely voluntary and involves your affirmative choice to participate in one of our research programs, agree to our privacy policy and terms of service, and download and use the Telephia App. By downloading and using the App, you earn rewards, including financial incentives.  You may terminate your participation in our programs at any time by deleting the App from your device(s) but if you do, you will cease to earn credits and financial incentives.  More information about financial incentives available for participating in the research programs is available at: https://telephia.io/how-it-works/.

Privacy Policy changes

This Privacy Policy changes from time to time.  You agree to review these changes, and you acknowledge that your continued use of the App after a change to our Privacy Policy constitutes an agreement by you to be bound by the new privacy policy.  You may view the currently in-effect version of the Privacy Policy at any time, on the ‘Account’ screen within the App.  If we make material changes to this Privacy Policy, we will provide notice by email or within the App.

From time to time, we may ask you to use your personally identifiable information in a manner materially different from that stated in our Privacy Policy at the time of collection or have your panel provider make such a request.

Contact us

If you have questions related to this Policy, please contact privacy@harrisx.com.

If you would like to communicate with our Data Protection Officer, please contact Brian Walsh at brian@harrisx.com.

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