Privacy Policy
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Panelva.com is a website owned by Vital Analytics. Wherever the term " PanelVA" is used it represents the company Vital Analytics and the services provided through PanelVA.com. We at PanelVA take your privacy seriously. If PanelVA becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will inform you through e-mail before personal information is transferred and may become subject to a different privacy policy. Please read the following to learn more about our privacy policy. What This Privacy Policy Covers This policy covers how PanelVA treats personal information that PanelVA collects and receives, including information related to your past use of PanelVA products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that PanelVA does not own or control or to people that PanelVA does not employ or manage. In addition, certain PanelVA associated companies have their own privacy statements which can be viewed by clicking on their links. PRIVACY POLICY & TERMS AND CONDITIONS Before joining our program, enjoying the benefits of this program, and downloading our application, you must review and agree to the terms and conditions below and provide and obtain consent to this agreement from anyone who uses the mobile device on which you install our application. By installing our application, you agree to be bound by this privacy policy & user license agreement, including the storage of the market research information provided by you on our systems. During sign-up, you will be asked to provide your mobile number. PanelVA is not responsible if the mobile number belongs to someone other than you. You personally will be liable in case the actual owner presses charges. MEMBER ACCOUNTS PanelVA may refuse to accept your application for membership for any reason. You will receive a user name and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your user name and password, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Vital Analytics cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You can have only one member as a sponsor (referrer) when registering at PanelVA. This sponsor will be determined by PanelVA based on whose referral mail you responded to or the referral link you clicked on to arrive at the PanelVA.com website. The number of your direct referrals is not limited. You may refer as many people as you can to join PanelVA. MEMBERS CONDUCT You agree to only use the Service in a manner that is consistent with the Terms and in such a way as to ensure compliance with all applicable laws and regulations. You shall ensure that your personal profile is up-to-date and accurate. You agree to promptly notify us of any change in your address (mail or email) or personal profile by updating your personal information at the Service Web site. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. Our market research community has many participants who are interested in voicing their opinions through surveys and allowing their passively-tracked mobile usage behavior to be used as part of anonymous market research reports that help shape consumer behavior. The information that you contribute is used by Vital Analytics a Bangalore - India based market research company whose data are routinely and extensively used by scores of many Indian Businesses. Any personally identifiable information you provide to us will NOT be used by us, or anyone with whom we do business, to advertise or market products or services to you! REQUIREMENTS FOR PARTICIPATION In order to participate in this program, you must: Be at least 18 years of age and capable of entering into a binding agreement; Be the parent or legal guardian of anyone under 18 having access to the mobile device on which the application is installed; Own a mobile device that you allow to be configured to use this system; and Not be employed or related to an individual employed by an unaffiliated market research company. WHAT INFORMATION IS COLLECTED? Basic Demographic Information: When you sign up for this program, we may obtain your contact information and some basic demographic information about you using a questionnaire, information from companies through which you obtained or inquired about this program, or the application that you install onto your mobile device and allow to track your mobile phone usage / behaviour. Survey response information: Once you agree to participate in this program, we may notify you of survey opportunities through various means. If you elect to participate in a survey, we require that you provide complete and accurate information about yourself and your household. Mobile device hardware and other configuration information: Our application may collect certain basic hardware, configuration and application usage information about the mobile device on which you install our application, including such data as the model of the mobile device and the amount of memory in the mobile device, applications used, various media formats used to name a few. usage information: Once you install our application, it monitors all of the Internet behaviour that occurs on the mobile device on which you install the application, including both your normal web browsing and the activity that you undertake during secure sessions, such as filling a shopping basket, completing an application form or checking your online accounts, which may include personal financial or health information. Inadvertently, we may collect such information about our panelists; and when this happens, we make commercially viable efforts to purge our database of such information. SMS / text Messages: Our application DOES NOT examine the text of your e-mail messages or text messages. We may, however, record the number of text messages and capture the number from which text messages are sent/received if the messages are coming from third party providers like marketing companies' etc. or if you vote in some competition on TV. HOW IS THE INFORMATION COLLECTED? This application transmits to our server’s information about your mobile phone usage. They could be the web pages that you visit and the actions that you take while online or applications used etc. The operation of transmitting this information to our servers requires a communication from your phone. Consequently, if you incur charges when using your browser to surf the Internet, then you will also incur charges related to the transmission of information to our servers. In addition, we may ask for information about you using surveys, for which participation is completely voluntary. We may also combine the information that you provide us with additional information or with information obtained from other sources using confidential matching procedures. In these cases, we will: (i) provide the third party data match processor only the personal information necessary to perform a match and, infrequently, to assist us performing statistical analyses; (ii) establish procedures and legal obligations that prohibit use of the information received for any other purpose or disclosure of this information to anyone else; and (iii) require destruction of the received information after completion of the match. The information that we obtain from other sources will not include confidential personally identifiable information such as credit card numbers and account numbers. HOW IS THE COLLECTED INFORMATION USED? Market Research Reports: Applying concepts similar to those used by television-rating services / agencies, we use the information collected through our application and your survey responses, combined with information from other sources, to make statistically-based projections about current and future mobile user behavior and, more generally, to extrapolate data about potential economic trends. For certain commercial customers, we may provide anonymous individual-level information. We make this data available so that these customers may enhance their own understanding of how people use mobile phones and other mobile commercial trends. In all cases, we make commercially viable efforts to automatically filter confidential personally identifiable information such as UserID, password, credit card numbers, and account numbers from the data being provided. Our customers use our market research reports to: (i) modify mobile services and offerings; (ii) make more effective use of mobile phone data to understand both mobile and online commercial behavior; and (iii) discern general economic trends and the business performance of specific entities for a wide range of business purposes including, but not limited to, identifying financial investment opportunities and understanding the value and interest in certain business enterprises. By Service Providers: From time to time, we may share your contact information with those third parties who help us deliver this program to you (for example, companies that administer incentive programs). When we do this, we provide only the necessary information for the service provider to perform its assigned function, and we contractually prohibit the use or disclosure of this information to anyone else unless you authorize it. As Required by Law: In rare cases, and as is done by any other business, if we are compelled to disclose certain information through a valid legal process, such as a court order, subpoena, or a search warrant, we would do so. However, we would comply by providing only the minimum information necessary. WHAT HAPPENS ONCE MY INCENTIVES ARE MAILED OUT? We will mail the incentives to the address provided by you at the time of registration using India Post. We will not be held accountable if you don't receive the incentive as delivery is not in our control. You can make sure that we mail the incentive to the correct address by giving us your accurate address at registration time. HOW DO I GET REFERRAL INCENTIVES? Referral incentives are given out once three referred panel member have stayed with us for at least a month. Credit for reference is not give for any member who stayed with us for less than one month. Remember to ask your referees to give your MID at registration time. HOW IS THE INFORMATION SECURED? Safeguards: We have implemented a variety of safeguards (including physical, digital, and legal protections) focused on ensuring that the information collected through this program is protected from unauthorized use, modification, or disclosure. For example, our employees are subjected to periodic evaluation and investigation, are contractually restricted on their use and access to personally identifiable information, and are educated and retrained as needed on internal security policies and procedures. If you would like to access, modify, and/or request deletion of the personally identifiable profile information submitted by you as part of this program, you may e-mail our support staff at info@panelva.com or the Vice President - Panel Development and Chief Marketing Officer at WHAT PRIVACY COMMITMENTS DO YOU MAKE RELATING TO SPECIFIC PARTICIPANT BENEFITS? Please refer to our program’s web site, which lays out the privacy commitments, if any, that we make for the various participant benefits we offer. The terms of these commitments are incorporated into this agreement. Please note that each incentive program may have its own set of rules applicable to that particular offering; these rules are made available to you before you choose to participate. WHAT IF I WISH TO STOP PARTICIPATING IN THIS PROGRAM? Termination: You may resign at any time by contacting us at the support staff at info@panelva.com or by selecting the “Uninstall Application” link from the Members section on your panel’s web page (where applicable). On cancellation or termination of your account, your profile will be removed from the site and deleted from PanelVA servers. Because of the way we maintain this service such deletion may not be immediate, and residual copies of your profile information may remain on backup media. Removing our Application: To remove our application, please visit our website for uninstall instructions under the members section. Removing the application will stop tracking of your phone, but unless you resign from the panel in accordance with the procedure stated above, you still may be contacted for administrative purposes or for special participant opportunities. After you remove our application from a mobile device, all settings we have made to your mobile device will be deactivated; however, some elements may remain on your mobile device. Stop Participating in Surveys: You may contact us at the support info@panelva.com to alter how you receive, or to completely stop receiving, surveys, or you can edit your survey preferences at the Members section on your panel’s web page (where applicable). Please note: We may continue to use information collected prior to resignation, but all such information remains fully subject to, and governed by, the agreement effective at the time of your resignation. WHAT IS THE POLICY REGARDING CHILDREN? All persons installing this application must be at least 18 years old and must be the parent or legal guardian of any minor that may use a mobile device with this application installed. However, all Internet behavior may be used by us in developing the statistical projections. This program complies with all applicable Indian data gathering rules. HOW WILL I BE NOTIFIED OF CHANGES TO THIS AGREEMENT? PanelVA reserves the right to change this document. Current members may be informed by email, however it is your responsibility to check this document periodically for any changes or modifications and you must not rely on e-mails as a sole source of information regarding this agreement or your membership. Your continued use of PanelVA constitutes an affirmative acknowledgement by you of the Terms and Conditions and any subsequent modifications made to it and your agreement to abide and be bound by the Terms and Conditions document in its modified form. If we change our practices in how we handle personally identifiable information, or if we materially change other aspects of our program, including but not limited to any changes to the scope or nature of incentives provided, we will post these changes on our website, and the changes will be effective immediately upon such posting. If you do not agree with any of the changes, you may remove our application as described above. We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service. WHAT ARE MY OBLIGATIONS AS A PARTICIPANT? As a participant, you agree to: Allow this program to collect and use information obtained from you and related to you as described in this agreement; Make reasonable efforts to ensure that any other person who uses the mobile devices on which the application is installed is aware of and agree to the terms of this agreement; Accept automatic changes to your system settings that are made solely to ensure compatibility between your mobile device system and this program, and periodic upgrades; Receive administrative e-mails and text messages, including those sent to: (i) inform you about upgrades, or issues related to basic program/application functions or disruptions; (ii) provide notification about awards and special participant opportunities; (iii) request updated demographic information or information regarding usage of the application; If prompted, accept and install any updates to the program that are provided to you by the program sponsor, with the understanding that failure to do so may result in a suspension of your benefits; and Regularly visit and review the agreement posted on the website, so that you are aware of any changes made to this agreement. As a participant, you agree not to: Use this program in any way that: (i) harms or harasses others; (ii) violates any state or local laws or ordinances; (iii) violates or infringes on the rights of any third parties including, but not limited to, copyright, trademark, patent, trade secret, rights of privacy or publicity or other proprietary right; or (iv) interferes with or disrupts this program; and Attempt to defeat or circumvent our application, it being your responsibility to remove this application as instructed in this agreement or expressly by an authorized service representative. WHAT IS OUR COMMITMENT TO PARTICIPANTS? We commit to making commercially reasonable efforts to do the following: Only use information obtained from or about you as described in this agreement; and Provide customer support when you experience problems with this program, on the condition that you provide requested information about the problems experienced and the conditions of your mobile device, and agree to take reasonable efforts to follow the instructions supplied by our support staff. WHAT ARE THE OTHER LEGAL TERMS AND CONDITIONS OF PARTICIPATING IN THIS PROGRAM? Governing Law: You agree that any dispute or claim arising out of this program or agreement shall be settled by binding arbitration in Bangalore, Karnataka State under the Indian Arbitration Association Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Regardless of any law to the contrary, any claim against us must be filed within one year of the time such claim arose, otherwise such claim will be barred forever. We agree that regardless of any law to the contrary, that the arbitrator shall have no authority to award, punitive or exemplary damages against any party to this agreement. Notwithstanding the above, we may apply to any court of competent jurisdiction for a temporary restraining order or other interim relief, as necessary without breach of this agreement and without abridgment of the powers of the arbitrator. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF BANGALORE, KARNATAKA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS AND SUCH LAW SHALL BE APPLIED BY THE ARBITRATOR TO THE MERITS OF ANY DISPUTE OR CLAIM. FOR ANY NON-ARBITRAL ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS PROGRAM OR THIS AGREEMENT, SOLE AND EXCLUSIVE JURISDICTION SHALL RESIDE WITH THE APPROPRIATE COURT LOCATED IN BANGALORE, KARNATAKA Third Party Rights: This agreement shall not create any rights or remedies in any parties other than the parties to the agreement and no person shall assert any rights as a third party beneficiary under this agreement. Assignment: You may not assign this agreement or any rights or obligations under this agreement without our prior written approval. Waiver: The failure of us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Assignment: You may not assign this agreement or any rights or obligations under this agreement without our prior written approval. Waiver: The failure of us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Severability: If any provision of this agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. In any event, the remaining provisions shall be enforced. DISCLAIMERS OF WARRANTIES: YOU ACKNOWLEDGE THAT THIS PROGRAM AND ALL SOFTWARE, CHANGES TO YOUR MOBILE DEVICE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE AS PART OF THIS PROGRAM ARE PROVIDED ‘AS IS.' OUR COMPANY, ITS SERVICE PROVIDERS, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES WILL OUR COMPANY, ITS SERVICE PROVIDERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING IN ANY WAY FROM THIS PROGRAM. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT. IN JURISDICTIONS WHICH RESTRICT LIMITATION OF LIABILITY OR DISCLAIMER OF WARRANTY PROVISIONS, OUR COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. You expressly understand and agree that: Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. PanelVA and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. PanelVA and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service or through the Service advertisers or partners will meet your expectations; and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your mobile phone / device / Computer systems or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from PanelVA or through or from the service shall create any warranty not expressly stated in the terms of use. Third Party Products and Services: We neither endorse nor accept responsibility for any third party materials accessed through the Internet. LIMITATION OF LIABILITY Vital Analytics shall not be liable for any special indirect, punitive, incidental, special, or consequential damages relating to the participation or inability to participate in the Service. Vital Analytics is not responsible for damages or losses that result from participating or inability to participate in the Service, or reliance on or use of information, services, or merchandise provided on or through the Service. You acknowledge and agree that Vital Analytics neither endorses the contents of advertisements or third parties' web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby. To the maximum extent allowed by applicable law, neither PanelVA nor any of its parents, members, subsidiaries, service providers, licensors, officers, directors or employees shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to this agreement, resulting from the use or the inability to use the service or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if such party has been advised of the possibility of such damages. Without limiting the foregoing, everything on the site is provided to you "as is" without warranty of any kind, either expressed or implied including, but not limited to, the implied warranties of services, merchantability, fitness for a particular purpose, or non-infringement. PanelVA disclaims all liability, regardless of the form of action, for the act of other members, or users including unauthorized users, or hackers of the service. NON-TRANSFERABILITY You are not allowed to share your account with any other individual. Nor are you allowed to transfer accounts to someone else. Your membership will terminate immediately in the event of your death. Service accounts are not transferable upon death or otherwise by operation of law. PROPRIETARY RIGHTS TO CONTENT You acknowledge that Service content (including but not limited to text, sound, photographs, graphics, or other material contained in any Service communication, advertisements, or messages, whether by PanelVA or PanelVAs' advertisers or partners), Service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. Member is only permitted to use content, Service, or software as expressly authorized by PanelVA, its advertisers and partners, as the case may be. Except as expressly authorized by PanelVA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. NOTICES All notices given by us to you will be given by email, postal mail or by general posting on the Web site. INDEMNIFICATION NOTICES All notices given by us to you will be given by email, postal mail or by general posting on the Web site. INDEMNIFICATION You agree to indemnify and hold us, our affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, demand, expense, or damage, (including reasonable legal fees) made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms, content you submit, post to or transmit through the Service or your violation of any rights of another. MISCELLANEOUS This agreement takes precedence over any other list you might enroll yourself in. PRIVACY POLICY & TERMS AND CONDITIONS and the relationship between you and PanelVA shall be governed by the laws of the State of Karnataka without regard to its conflict of law provisions. You and PanelVA agree to submit to the personal and exclusive jurisdiction of the courts located within Bangalore, Karnataka. This Agreement constitutes a complete and exclusive understanding between us and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter provided that nothing in this Agreement seeks to limit or exclude any right either party may have in respect of fraudulent misrepresentation Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. If any part of these Terms is unenforceable (including any provision by which PanelVA excludes its liability to the Member), the enforceability of any other part of these Terms will not be affected. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between sponsor and you with respect to the subject matter contained in the Agreement. This Agreement is effective as of May 1, 2008 WHOM CAN I CONTACT IF I HAVE ADDITIONAL QUESTIONS? The program sponsor is Vital Analytics, a Bangalore, India based Partnership Corporation. If you have any questions about the above Privacy Statement & User License Agreement, our practices or your interactions with this site and this program, you may contact us at: info@panelva.com or the Vice President - Panel Development and Chief Marketing Officer at (Address to be put in) For any support issues, please contact: help@panelva.com |