AppOptix Mobile Panel Membership Terms

Tech Insights, Inc.
Effective: December 1, 2022

THIS DOCUMENT OUTLINES THE AGREEMENT BETWEEN TECH INSIGHTS (TI) AND PANELISTS WHO PARTICIPATE ON TI’s AppOptix MOBILE PANEL. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. YOU MUST AGREE TO ALL OF THE TERMS AND CONDITIONS PRESENTED HEREIN IN ORDER TO PARTICIPATE AS A PANELIST. AS THE TERMS OF PARTICIPATION MAY CHANGE FROM TIME TO TIME YOU SHOULD CHECK BACK REGULARLY TO SEE ANY UPDATES.

1. INTRODUCTION

Tech Insights, Inc. hereinafter referred to as (TI) is a semiconductor and microelectronics research firm headquartered at 1891 Robertson Road, Suite 500, Ottawa, ON K2H 5B7, Canada. TI is widely recognized as the world’s leading provider of advanced technology analysis and intellectual property services, providing content and services to the world’s most successful technology companies. To further enhance its service offerings TI maintains a Mobile Panel under its AppOptix program which consists of individuals who own and use smartphones and wish to participate in TI’s AppOptix Mobile Panel for research purposes. As a panel participant in TI’s AppOptix Mobile Panel you will initially be asked to provide some personal information about yourself (demographics), answer a brief survey, and then agree to all of the terms and conditions in this Agreement. As a participant, you must agree to take part in the research and agree to install AppOptix Software (the Software) on your primary smartphone device. Your continued participation as a panelist on the Mobile Panel is contingent on continuing to keep the application active on your smartphone, agreeing to keep your profile information updated, and complete periodic surveys for which you will receive reward points.

2. BECOMING A TI AppOptix MOBILE PANEL MEMBER

TI is responsible for managing the AppOptix Mobile Panel and determining who is eligible to join based on numerous factors. In order to participate in the panel you must:

a. Meet the current membership criteria, which may change from time to time, based on TI’s requirements, and
b. agree to all of the terms and conditions outlined in this document and to TI’s Privacy Policy which can be found in the app under “How Rewards Work”.

In addition to other criteria for panel participation that may be outlined in this document, you must agree :

a. That you are at least 18 years of age (or the equivalent legal age of responsibility in the country within which you reside)
b. You will register only one smartphone that is your primary device, and,
c. You will maintain an active cellular subscription with a mobile operator within your country of residence throughout your participation on the panel.

After agreeing to these terms and conditions, you will be provided with instructions on how to download a mobile application onto your smartphone. Expected time for downloading and activating the software should require less than 10 minutes of your time to complete. Once properly installed this software runs on your device and collects certain data on the device before sending it to TI. You will also be asked to complete a brief survey that provides information on your device and the demographic factors mentioned earlier. This survey is part of the registration process and is required to be completed in order to be a panelist and earn rewards.

Additionally, you will be asked periodically to verify and update your information via the app. You must agree to keep your profile data up-to-date to ensure your continued participation on the panel.

You must use your primary email address to register and continue to use this email address throughout your participation in the panel. Any communications with us should be done using only your primary email address that you provide us so that we are able to identify and resolve any account related issues.

As a panelist you may load Software on only one smartphone and this device must be the primary device that you use on a regular basis. The primary device is one that you own and is used most often if you have more than one device. Smartphone devices which are not active on a cellular network are not allowed on the panel.

TI rewards are only issued to those panelists who complete the surveys we push to them through the AppOptix application. You can monitor your account to ensure you are receiving points from each survey you participate in. In the event of an issue you should contact TI immediately at Appoptix@techinsights.com.

The terms and conditions contained in this document, combined with the TI Privacy Policy, outline your Membership in the TI Mobile AppOptix Panel and form an agreement between you and TI.

3. ABOUT THE AppOptix SOFTWARE

You can install the AppOptix Software on one smartphone that you identify during the membership registration process. Please note that you may install the Software only on the mobile phone which you own or have the right to use and which is your primary device. The software will send reports on a programmed basis to TI's servers which may be housed at various locations and by third parties authorized by TI to host that data. TI may update the software by sending new versions to the participant's mobile phone or via the Google Play Store and you will be notified if a new update is available or issued. It is the panelists’ responsibility to update to the latest release of the AppOptix software when available and failure to update once notified of the availability of an update may lead to TI suspending your participation. Once the data is received by TI we will then analyze it, and those results, in aggregate with other panelists, will be then made available to TI’s analysts, research partners and clients.

Please be advised that it is TI's goal to provide results, reports, and data access that can be viewed in aggregate form only, meaning that no specific information about you personally will be made available to external TI clients.

As a Participant you agree to:

Install the AppOptix software app on only one device that you personally use and is connected to a mobile operator and considered to be your primary device.
The terms and conditions as established in this document.
The TI Privacy Policy found separately from this document and located in the How Rewards Work section of the app.
Use the Software only for private, non-commercial purposes.
Follow any instructions provided by TI in the loading/unloading of the software.
Comply with applicable laws.
Respect the privacy and rights of others.
Agree not to modify or distribute the software in any way.
Agree not to reverse engineer, copy, or in any way decipher any part of the software.
Agree to remove the software from your device if requested to do so by TI or if you no longer wish to remain a panelist.

4. LENGTH OF PARTICIPATION TIME ON PANEL

Participation in the panel is fully voluntary on the part of the panelist and begins from the time you install the software application on your smartphone and complete the registration process and continues for varying periods based on TI’s research requirements at that time and your continued interest in participating. The participation period lasts until the participant unsubscribes or removes the software or TI terminates the participant’s membership. The participant may cancel their involvement in the research at any time by notifying TI or by removing the software manually. The participant may request to extend participation to a later date, though further participation is totally at TI’s option. TI reserves the right to, at its sole discretion; terminate the panel or a panelist for any reason and at any time.

5. FEES, CHARGES PARTICIPANT MAY INCUR

Participation in the Panel is fully voluntary on the part of the panelist and begins from the time you install the software application on your smartphone and complete the registration process and continues for varying periods based on the research requirements at that time and your continued interest in participating. The participation period lasts until the Participant unsubscribes or removes the software or TI terminates the participant’s membership. The Participant may cancel his/her involvement in the research at any time by notifying TI or by removing the Software manually. The participant may request to extend participation to a later date, though further participation is totally at TI’s option. The Participant is fully responsible for any and all costs, fees, or service charges related to the use of the phone and any data transmission that occurs. As a Participant in TI’s panel you acknowledge and approve that there will be delivery of any data from your device to TI and that you are responsible for any and all fees that you may incur as a result of your particular service plan with your service provider.

TI assumes no responsibility for the payment of any communications charges incurred due to participation as a Panelist.

6. CONTINUATION AS A PANELIST

TI may decide to discontinue the AppOptix Mobile Panel or any part thereof at any time and for any reason. If TI decides to postpone or cancel the AppOptix Mobile Panel you will be receive prior notification via the contact information you provided during registration. As a panel member you will receive any rewards you are entitled to up until the date that your participation terminates unless your participation is terminated for violating AppOptix policies.

7. LEAVING THE PANEL

From time to time the AppOptix team reviews panelist information and makes decisions on keeping them on the panel. Based on the specific needs and requirements of the panel the AppOptix team may notify you that they are discontinuing your participation for any reason and at any time. You likewise have the option to discontinue your participation at any time and for any reason. If you wish to remove yourself from the panel, you agree to remove the AppOptix application from your device and email us at appoptix@techinsights.com to inform us of your intention to leave the panel.

8. DATA COLLECTED BY TI

After installing the software on your device the following categories and types of data will be collected and used by TI and/or its research partners:

List of applications installed in the device.
Device information (e.g. manufacturer, model, operating system, release information (app build, data formats) sensors, and other system related information)
Wireless network information (Network operator, Cell ID, signal strength, SSID), internet service availability and connection success, download time, and latency)
Name, Timestamp, duration, location, and data consumption of the device’s application activities.
Amount of data consumed by your device in both Wi-Fi and Cellular modes at the application level
The battery status, charge details, memory usage, connected devices, and network performance of your phone
The location of your device via GPS or other location methods (if your device is so equipped).

Please note that neither TI nor its partners listen to, record, or collect any of your phone calls, text messages, or passwords. In addition, we cannot and do not read any of the contents of your stored files, text messages or email messages.

If you uninstall the software, you will no longer remain active in the AppOptix Mobile Panel. It is completely voluntary whether or not you wish to re-install the software and remain on the panel. If you do not re-install the software, you will no longer remain in the panel and any rewards will cease from that date/time forward.

Data captured by the software will be sent to TI or a third party designated by TI to receive such data. The data will be analyzed in aggregate form and processed for research purposes. Participant agrees that TI and/or its research partners may use the data and may provide copies of the data to TI clients to analyze it. TI may prepare detailed reports for TI clients and use those reports for any purpose it deems appropriate.

Participant agrees that TI may also combine the data with other personal and usage data it may collect during your registration, or collected from you through surveys, for research purposes. Data captured by the software may also be combined with data collected from surveys to develop models, dashboards, reports or other such outputs as it deems necessary to meet its research objectives and client requirements.

Examples of this data include:

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Participant's information via registration process (i.e. name, address, e-mail, etc.);
Demographic information (i.e. gender, age, ethnicity, annual income, education, marital status);
Other information used to help establish profiles of groups, such as mobile plan type;
Device information, application use information, device and network performance information;
Information collected from surveys pushed by TI on behalf of TI business clients.

TI will maintain the right to use participant data and other such data collected during registration beyond the active participation of the panelist for data already collected. TI WILL NOT RELEASE ANY PERSONALLY IDENTIFIABLE DATA ON PARTICIPANTS BUT WILL USE DATA IN AGGREGATE FORM FOR GENERATING ANALYSIS.

9. PARTICIPANT’S CONSENT TO USE PERSONAL (PARTICIPANT) DATA

Participation in TI’s AppOptix Mobile Panel is fully voluntary and TI respects the privacy of the participants who elect to provide TI with data from their mobile devices. TI will observe the laws and regulations applicable to its respective panel member activities.

NONE OF THE DATA THAT YOU PROVIDE THROUGH YOUR MEMBERSHIP IN THE MOBILE PANEL WILL EVER BE USED, EITHER BY TI OR ITS PARTNERS, FOR DIRECT MARKETING PURPOSES.

By accepting this agreement, you certify that you are 18 years of age or older (this age can vary depending on the region you are signing up from but must always be the legal age within the local country) and agree to join the Research Panel and give your express consent for processing and storage of your Membership Data, and Usage Data as defined in this Agreement.

Please note that in accordance with the Privacy Policy, TI may share Usage Data with other affiliates within their companies. TI will maintain the Membership Data and Usage Data they receive for as long as necessary for the purposes of analyzing the data as set out in these Terms and their respective Privacy Policies.

10. LIMITATION OF LIABILITY

YOUR USE OF THE SOFTWARE AND/OR PARTICIPATION IN THE TI APPOPTIX MOBILE PANEL IS AT YOUR OWN RISK. TI SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE SOFTWARE (EVEN IF TI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY TI. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

11. INDEMNITY

You agree to defend, indemnify, and hold TI, its officers, directors, employees, agents, licensors, partners and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Participation.

12. CHANGES AND/OR AMENDMENTS

TI may make amendments to the Mobile Panel Membership Agreement and Terms of Participation and/or Privacy Statement and may notify you of such changes. Your continued participation in the AppOptix Mobile Panel is based on your agreement with any amendments made to either of these policies. If you do not agree to the proposed amendment(s) you may discontinue your membership in the AppOptix Mobile Panel. If you choose to discontinue your participation you should remove the application from your mobile device. If you continue to use the application and do not remove it then you will be considered in agreement with the changes made to these policies.

13. GOVERNING LAW

The Agreement shall be governed by and construed in accordance with Canadian laws and the laws of the Province of Ontario. If a provision of this Agreement is found to be invalid, the validity of the remaining provisions shall not be affected. If there is any conflict between this Agreement and any Privacy Policy, the provisions of this Agreement shall prevail. The provisions of this Agreement that are intended to survive termination shall remain valid after any termination.

14. ENTIRE AGREEMENT AND SEVERABILITY

This Agreement constitutes the entire agreement between TI and you with respect to your participation on the AppOptix Mobile Panel. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

15. ASSIGNABILITY

TI may assign their rights and duties under this Agreement to any party at any time and without notice to you.

16. TERMINATION

Either you or TI may terminate your participation in the AppOptix Mobile Panel at any time, with or without cause, upon giving notice.

17. CONTACTS

For any questions and requests concerning your personal data, participation on the panel or general inquiries please contact us via email at: Appoptix@techinsights.com