Our online market research community has millions of participants who are interested in voicing their opinions through surveys and allowing their passively-tracked online Internet browsing and purchasing behavior to be used as part of anonymous market research reports that help shape the future of the Internet. The information that you contribute is used by comScore, Inc., a U.S.-based market research company that is a nationally-recognized authority on Internet and general economic trends, whose data are routinely cited by major media outlets such as the New York Times, the Wall Street Journal, and CNBC, and is extensively used by the largest Internet services companies and scores of Fortune 500 companies.

Be assured that protection of your privacy is one of our top priorities. While participation in our program will allow us to send you periodic surveys and track information about your mobile online activities such as where you surf and the transactions that you make, the 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!

PRIVACY POLICY & USER LICENSE AGREEMENT

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 this 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 mobile device systems in the United States.

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 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 Internet usage.

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 , the amount of memory in the mobile device, and technical information about the device (e.g. number of games loaded, number of custom ringtones available, and operating system versions). To that end, we may also collect information about phone ownership, mobile phone services provider names and mobile phone models, usage of various mobile phone features, and opinions and attitudes related to all of the above.

Internet usage information: Once you install our application, it monitors all of the Internet behavior 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 personal information about our panelists; and when this happens, we make commercially viable efforts to purge our database of such information.

Internet usage information may include messaging services, mobile web browsing activity, usage and titles of downloaded applications and files as well as usage of cameras, video streaming and other utilities on the mobile device as well as usage times for certain device activities (e.g., text messaging, call lengths, and web browsing).

Please note: Our application does not examine text of your e-mail messages or text messages, image files either downloaded or captured via camera phones, contact or address book entries saved on the phone, or calendar entries. We may, however, record the number of text messages and review select e-mail header information, including any SMS Short Code numbers that may have been dialed.

How is the information collected?

This application monitors your Internet usage by transmitting to our servers information about the web pages that you visit and the actions that you take while online. 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 (such as select credit bureau and prescription information) or with information obtained from other sources (such as consumer preference reporting companies, credit reporting agencies, and prescription benefits managers) 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. Your information is stored in the United States where our central database is operated. The data protection and other laws of other countries may differ from those of the United States. Your information may be processed outside of the United States, provided that the data protection laws of such processing location affords similar if not more protections than those afforded in the United States for the processed data.

How is the collected information used?

Market Research Reports: Applying concepts similar to those used by television-rating services, 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 Internet user behavior and, more generally, to extrapolate data about potential economic trends. For certain commercial customers, we may provide individual-level, anonymized information. We make this data available so that these customers may enhance their own understanding of Internet usage and online 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 online services and offerings; (ii) make more effective use of online data to understand both online and offline 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 Those Who Assist Us In Providing Services To You: 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.

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 complete a support form on our website, or e-mail our support staff at the e-mail address provided below.

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?

Resignation: You may resign at any time by contacting us at the support address listed below or by selecting the “Terminate all MobileXpression Services” link from the Members section on your panel’s web page (where applicable).

Removing our Application: To remove our application, send a request to the support address listed below, and be sure to include the carrier, manufacturer and model of your mobile device. We will provide you with instructions that are specifically tailored to your device. Removing the application will stop tracking of your online browsing and purchasing behavior, 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 address listed below 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 U.S. data gathering rules, including the Children's Online Privacy Protection Act (COPPA).

How will I be notified of changes to this Agreement?

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.

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 and your household's Internet use 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;
• Allow updates to the program that are provided to you by the program sponsor;
• Maintain the confidentiality of your account password and agree to immediately notify MobileXpression of any unauthorized use of your password or membership account or any other breach of security;
• Not reverse engineer, decompile, or disassemble the program, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; 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 federal, 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 Fairfax County, Virginia under the American 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 THE COMMONWEALTH OF VIRGINIA, 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 STATE COURT LOCATED IN FAIRFAX COUNTY, VIRGINIA OR FEDERAL COURT LOCATED IN ALEXANDRIA, VIRGINIA.

EXCEPTION FOR THOSE PARTICIPANTS WHO JOINED THROUGH THE M:METRICS SMART M:PANEL: For all participants who were a part of the Smart M:Panel prior to its assumption under the MobileXpression panel, this ULA will continue to be governed by the laws of the State of Washington, without reference to conflict of laws principles. Any dispute relating to this ULA will be subject to the exclusive venue of the state and federal courts located in King County, Washington.

Termination: You acknowledge and agree that we may, under certain circumstances and without prior notice, immediately terminate your participation in MobileXpression and access to the Service. Causes for such termination shall include, but not be limited to, (a) breaches or violations of the ULA or other incorporated agreements, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the panel (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your MobileXpression account includes (a) removal of access to all offerings within or integrated with the panel; (b) deletion of your password and all related self-reported information (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made at the sole discretion of MobileXpression and that MobileXpression shall not be liable to you or any third-party for any termination of your account or access to the Service.

Storage: All data collected by MobileXpression may be stored indefinitely on our servers. Personal information collected under this program may be stored and processed in the United States or any other country in which we operate. By using our MobileXpression panel software, you consent to any such transfer of information outside of your country. The MobileXpression panel adheres to the safe harbor framework established and used by the U.S. Department of Commerce related to the collection, use, and retention of data from the European Union.

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.

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.

Indemnity: You agree to defend, indemnify and hold our company and our affiliates, officers, directors, and employees harmless from and against any and all claims, losses, damages, liabilities and costs including without limitation, reasonable attorney’s fees, arising out of or relating to your breach of this Agreement or misuse of this program.

Disclaimers of Warranty: 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.

Third Party Products and Services: We neither endorse nor accept responsibility for any third party materials accessed through the Internet.

Export Restriction: You acknowledge that the Software is subject to the export control laws and regulations of the United States of America, and any amendments thereof. You acknowledge that with respect to the Software, you will not export or re-export it, directly or indirectly, to any countries that are subject to US export restrictions. You further acknowledge that the Software may include technical data subject to export and re-export restrictions imposed by US law.

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 June 11, 2008.

Whom can I contact if I have additional questions?

The program sponsor is TMRG, Inc., a Delaware, U.S.A. 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 the program sponsor at:

privacy@tmrginc.com
Privacy Office
11950 Democracy Drive
Suite 600
Reston, VA 20190

For any support issues, please contact: support@mobilexpression.com.

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