Effective Date: May 1, 2018
Nielsen Media (India) Private Limited ("Nielsen", “We”, “Us”, “Our”) congratulates you (“User”, “You”, “Your”) for using Confluence Mobile application (the “App”) on Your mobile phone. The software is provided by Nielsen having its office at Mumbai, India.
PLEASE NOTE THAT by downloading or using App You accept the Terms and Conditions stated below in a legally binding manner. In case the Terms and Conditions are not acceptable to You, PLEASE DO NOT DOWNLOAD OR USE App.
1.1 App records and collects from Your mobile phone certain data including personal data and all http and https requests from the device which will include URL of pages visited.
3.1. App is so designed such that there is minimum intervention required from the User for its functioning. Should you wish not to utilize App; the same can be uninstalled directly.
4.1. App uses minimum 128-bit AES (Advanced Encryption Standard) to encrypt personally identifiable User data collected during registration.
4.2. This data collected is cleaned for any possible User identifiable data like email ids etc. using regex patterns and algorithms. The collected data is anonymized before it is utilized for any reports and analysis. The reports are at an aggregated level and never at a User level.
5.1. If a third party website does not allow User representation the User has the means to disable App before utilizing the third party service.
6.1. All rights, titles and interest including, but not limited to, copyright and other intellectual property rights in and to App are owned by Nielsen. Such rights are protected by the copyright laws in India and also by the applicable copyright laws in the country of use, and international treaty provisions. Nielsen retains all rights not expressly granted herein.
6.2. You shall not redistribute, sell, decompile, reverse engineer, or disassemble App. App, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from Nielsen. Nielsen reserves the right to refuse permission to use this App to any individual or company without assigning any reason, and without giving any notice.
7.1. App may be subject to export or import regulations of the country of use. You agree to comply strictly with all such laws and regulations of the country of use. If You are based in, or intend to use App in any country embargoed by the United Nations You must NOT download App.
9.1. You must make every attempt to safeguard Your data, information and other files during installation, use or upgrade. Nielsen does not assume any responsibility for loss of data or any other losses that result from installation, use, upgrade, or update of App. You should take back up of Your data, information and files on a regular basis and before You begin any installation tasks.
9.2. In case You access, download or use any website, applications or connections through any means, connection, software or hardware, the consequence or use of which in any manner:
9.2.1. breaches any applicable local, national or international law or regulation;
9.2.2. harms or attempts to harm minors;
9.2.3. contravenes the virus and hacking provisions under any applicable local, national or international law or regulation
9.2.4. uploads, posts, email or otherwise transmits any content that is directed to inciting or producing imminent conduct that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable and is likely to produce such conduct;
9.2.5. impersonates any person or entity or otherwise misrepresents Your affiliation with any person or entity;
9.2.6. forges headers or otherwise manipulates identifiers in order to disguise the origin of any content transmitted through the system;
9.2.7. uploads, posts, email or otherwise transmits any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
9.2.8. uploads, posts, email or otherwise transmits any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", or "pyramid schemes";
9.2.9. interferes with or disrupts Nielsen's site's system or servers or networks connected to Nielsen's site's system, or disobeys any requirements, procedures, policies or regulations of networks connected to Nielsen's site's system;
9.2.10. collects or stores personal data about other users without their knowledge; or
9.2.11. promotes or provides instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
9.3. Nielsen shall not be held responsible for Your acts or use. You shall indemnify and keep indemnified Nielsen against the consequences, monetary or otherwise, for Your such illegal use."
10.1. Nielsen may terminate this Agreement and Your right to use App, or may modify the terms of this Agreement, at any time without notice or cause. Upon termination You must uninstall and destroy all copies of the Software.
10.2. You have the right to terminate this Agreement and cease the use of this App at any time without notice or cause.
10.3. Violation of this Agreement may result in the immediate termination of Your rights to use App.
11.1. App is inherently complex and may not be completely free of errors; You are requested to take regular backup and copies.
11.2. Under no circumstances should Nielsen be held liable if any kind of security breach happens while using App.
11.3. Given the nature of App, in no event will Nielsen be liable for direct, indirect, special, incidental, economic, tort, or consequential damages of any nature whatsoever in connection with Your use of App, including without limitation, damages or costs relating to loss of profits, business, goodwill, data or computer programs, even if advised of the possibility of such damages.
12.1. Any use, reproduction, or distribution of App is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
12.2. You agree to indemnify, defend and hold Nielsen (its affiliates companies and suppliers) harmless from any demand, claim, or loss arising out of Your breach of the terms and conditions of this Agreement.
13.1. Nielsen may, on a regular basis, perform maintenance on its equipment and system which may result in interrupted services. Additionally, the availability and functionality of the software depends on various factors and elements, including software, hardware and communication networks, and partially provided by third parties. These factors are not fault-free. We do not warrant or guarantee that the software will operate without disruption, limitations, delays, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
13.2. Nielsen will attempt to provide prior notice of such interruption and changes but cannot guarantee that such notice will be provided.
14.1. In order to maintain secured communications and reduce the possibility of fraud, You agree to protect the security of Your numbers, codes, marks, signs, public keys or other means of identification. Nielsen shall not be liable for any of Your losses or damage which results from Your failure to secure Your means of identification.
15.1. For any complaint, dispute or clarification or information about App or about the collection, retention or disclosure of your information you may contact the customer service helpdesk at email@example.com. We will use reasonable efforts to respond promptly to any requests, questions or concerns, which you may have regarding our use of your personal information. If you have any grievance with respect to our use of your information, you may communicate such grievance to the Data Protection/Grievance Officer:
Nielsen Media (India) Pvt. Ltd., 4A/4th floor, Raheja Platinum, Sag Baug Road, Off, Andheri - Kurla Rd, Marol, Andheri East, Mumbai 400059.
16.1. This Agreement is subject to the Laws of India and the exclusive jurisdiction of courts in Mumbai, without any regard to international rules of conflicts of laws. Any dispute (including dispute in relation to applicability or validity of these terms and conditions or other jurisdictional proceeding for the enforcement of this Agreement or any provision thereof) shall be instituted exclusively in the competent courts of Mumbai.