The Confluence mobile application (the “App”), provided by Nielsen (India) Private Limited (“Nielsen,” “we,” or “us”), is intended for use by individuals in the Nielsen India Smartphone Panel (the “Panel”) and is designed to collect information about panelists’ mobile device and mobile application usage, online browsing activity, and purchasing behaviour.

This privacy policy (this “Privacy Policy”) details the steps that we take to protect your information when you use the App. By using the App, you acknowledge that you have read and understood this Privacy Policy and agree to the collection, storage, use, transfer, and disclosure of your information in the manner specified herein. In the event that you do not agree with the terms set out in this Privacy Policy at any time, you should remove the App from your device. Any capitalized terms used in this Privacy Policy without a definition shall have the meaning ascribed to such terms in the App’s Terms of Use. If you have any questions about the App, please email us at support@mobileconnectpanel.com.

• 1. Nielsen’s Commitment to Privacy

  • a. Nielsen is committed to protecting the privacy of those using the App and the confidentiality of the information collected.

  • b. This Privacy Policy is published in compliance with, inter alia:

    • i. Section 43A of the Information Technology Act, 2000; and

    • ii. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “Rules”).

  • c. The information that we collect, store, and process may include “Personal Information” and “Sensitive Personal Data or Information,” as described below.

    “Personal Information” is defined under the Rules as any information that relates to a natural person, which either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.

    “Sensitive Personal Data or Information” is defined under the Rules as Personal information that consists of information relating to:

    • i. passwords;

    • ii. financial information, such as bank account or credit card or debit card or other payment instrument details;

    • iii. physical, physiological, and mental health conditions;

    • iv. sexual orientation;

    • v. medical records and history;

    • vi. biometric information;

    • vii. any detail relating to the above categories as provided to a body corporate for providing service; and

    • viii. any of the above categories of information received by a body corporate for processing, that is stored or processed under lawful contract or otherwise, except for information that is freely available or accessible in the public domain or furnished under the Right to Information Act, 2005 or any other law.

• 2. Application

  This Privacy Policy applies to the use of the App on Android devices, and your use of the App is subject to you accepting the App’s Terms of Use.

  Please note that any information collected by third-party website(s) and/or applications accessed by you while the App is installed on your mobile device will be governed by the privacy policy of such third-party website(s) and/or application(s). Third-party website(s) and/or applications are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any third-party website(s) or application(s), including the purchase and use of any products or services accessible through them.

• 3. Collection of Information

  • a. As part of the new user registration process, we will request certain Personal Information from you, including your mobile phone number, pincode, date of birth, and gender. We will also ask you to create an app-specific password. As a final step in the registration process, we will ask you a few questions so that we can learn more about you and your household.

  • b. Once you have completed the registration process, you will need to enter your mobile phone number and app-specific password each time you wish to log in to the App. Additionally, when you are ready to redeem your panelist points, we will request that you provide a valid email address that we can use to send you vouchers based on the points that you have earned.

  • c. Following the registration process, we will collect, store, and process certain information through the App. Such information will be collected regardless of whether you are currently using the App or are connected to the Internet. In particular, we will collect certain information from your mobile device so that we can monitor and understand your device and application usage, web browsing activity, and other activity that you undertake, such as online shopping, viewing or streaming videos, or reviewing your online accounts.

    • i. The information that we may collect includes:

      • 1. basic hardware, configuration, and device information, including the model of your mobile device, the operating system version, the IMEI number, the amount of memory in the device, and technical information about the device (e.g., battery strength, signal strength, mobile device service provider, Bluetooth functionality, roaming status, etc.);

      • 2. information about your phone, text, and camera usage, such as the number of calls/SMS messages that you make, send, and/or receive and the number of pictures and/or videos stored on your device;

      • 3. information about your mobile device’s location using GPS (when the GPS and location services on your device are turned on);

      • 4. information about your activity within other applications on your device, such as information about the products that you view, search for, add to your shopping cart, and/or purchase using certain eCommerce mobile applications (e.g., Amazon, Flipkart, etc.);

      • 5. information about the content that you access and view on the web pages that you visit, including images, videos, and advertisements on certain platforms (e.g., YouTube, Amazon Prime, Hotstar, Netflix, etc.); and

      • 6. information about the notifications and the content of transaction-related SMS messages that you receive from certain whitelisted mobile applications, including but not limited to entertainment/media and eCommerce applications.

    • ii. Any Personal Information that we collect or capture via the App will be aggregated or de-identified so that no information can be tied to you as an individual.

    • iii. While the App is not designed to log the text of your emails or SMS messages from non-whitelisted parties, we may receive snippets of text from some of your other emails and SMS messages. Such text will be disregarded and promptly deleted.

    • iv. We use commercially reasonable efforts to filter Personal Information, such as email addresses, passwords, and other information that you submit on website forms or registration pages. Please note, however, that if you access any website or download and use any mobile application through a non-secure URL, certain Personal Information may be automatically transferred to or captured by our servers without any deliberate attempt by us to collect such information. In such an event, we will not accept any responsibility for maintaining the confidentiality of such information. However, we will not read, analyse, or extract such information. Additionally, if any Personal Information or Sensitive Personal Data or Information is received by our servers, we will ensure that such information is kept secure.

  • d. The App contains a software development kit (“SDK”) from a third party, Red Brick Lane Marketing Solutions Private Limited (“RBL”). The SDK is integrated with the App in order to gather offline media consumption and other mobile device data and use such data for the purposes outlined in this Privacy Policy. For additional details about the SDK, please visit http://www.zapr.in/privacy/.

    • i. RBL will automatically receive and track certain information about your mobile device, such as your device type, installed software, and language preferences, and they may create a unique device or user ID for you. In some cases, RBL will also automatically detect or infer your mobile device’s location through various means, including GPS and your device’s IP address. Note that your operating system may require you to grant RBL permission to access your GPS settings and you should refer to your device’s system settings regarding location services.

    • ii. RBL will not collect any Personal Information or audio/video/image/contact files from your mobile device. If you have any questions or concerns about RBL’s privacy and/or data handling practices, please send an email to privacy@zapr.in.

    • iii. If you do not wish for RBL to identify media content viewing around your mobile device and would like to opt out of its data collection, please visit http://www.zapr.in/privacy/.

• 4. Use, Retention, and Transfer of Information

  • a. When you provide Personal Information directly to us, we will use it for the purpose(s) for which it was provided to us as stated at the point of collection (or as obvious from the context of collection). Examples of the types of use are listed in the “Collection of Information” section above.

  • b. All information that we collect while the App is installed on your device will be used for the purpose of: (i) performing our research and analysis; (ii) providing our clients with insights and trends on consumer behaviour relating to mobile device and mobile application usage and e-commerce and banking activities; and/or (iii) creating a data bank or syndicated panels. Our clients include e-commerce, wholesale, and retail companies; banks; value-added service providers; advertisers; marketers; and app developers. In preparing any reports to be shared with our clients or other third parties, we will take reasonable steps to ensure that the final reports contain only anonymized and aggregated data and none of the information can be tied to an identifiable person.

  • c. We will use, store, and retain any information, including Personal Information, collected via the App as long as necessary for the fulfilment of the purposes set out in this Privacy Policy, unless a longer retention period is required or allowed by law.

  • d. We may, if necessary, process your information on servers located outside of your country of residence, including the United States. By using the App, you are acknowledging that your information may be transferred outside of your country of residence.

• 5. Information Disclosures

  • a. In connection with one or more of the purposes outlined above, we may disclose your information to other members within the Nielsen group of companies and/or third parties that provide services to us, such as system hosting, management, and/or support.

  • b. We may access, use, preserve, and share your information, including your Personal Information, in response to a legal request or obligation if we believe in good faith that the response is required by law. Information we receive about you may also be accessed, processed, and retained for an extended period of time when it is the subject of a legal or regulatory obligation or request or otherwise to protect the rights, safety, property, or operations of Nielsen or our affiliates, you, or others.

  • c. We may disclose your information to third parties as part of a corporate transaction, such as a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business or assets.

• 6. Reasonable Information Security Measures

  • a. We use 128-bit AES (Advanced Encryption Standard) to encrypt the information collected during the App installation and registration process.

  • b. We maintain reasonable information security and confidentiality practices and procedures in order to protect the information that we collect, store, and use, as required under law.

• 7. Withdrawal of Consent and Other Choices

  • a. You may withdraw your consent to our processing of your information at your sole discretion by deleting the App at any time. Note that we may continue to use information collected while the App was installed on your device, and all such information will continue to be processed in accordance with this Privacy Policy.

  • b. Any temporary or unintentional deactivation of the App will not be considered a withdrawal of your consent.

  • c. You may contact us at any time at privacy.department@nielsen.com if you would like to request: (i) confirmation that we are processing your information; (ii) access to the information that we hold about you; (iii) that we update the information we hold about you or correct such information that is inaccurate or incomplete; or (iv) that we delete the personal information we hold about you.

• 8. Queries and Grievance Redressal

  Complaints, disputes, and requests for clarification or additional information about the App or the collection, retention, use, transfer, or disclosure of your information may be directed to privacy.department@nielsen.com. We will use reasonable efforts to respond promptly.

• 9. Changes

  We are constantly working to improve the App and our services, and we may need to update this Privacy Policy from time to time to reflect such improvements. Your continued use of the App after changes to this Privacy Policy have been posted will constitute your acceptance of all such changes. The most current version of this Privacy Policy will always be available here, and we encourage you to review this Privacy Policy periodically to remain informed about how we are using and protecting your information.

• 10. Jurisdiction

  This Privacy Policy is governed by the laws of India and subject to the exclusive jurisdiction of the competent courts in Mumbai only.