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PRESENCEAPP - PRIVACY POLICY

Last Updated: February 1, 2022.

The APP is brought to you by MediaMagnitude Panel and powered by HyphaMetrics (collectively, Company). The Company collects a variety of research data, which is used by the Company and companies that are customers of the Company to prepare a variety of reports about your viewing, use, and sharing of digital, mobile, TV, and social media (collectively, "Media Consumption Information"). It provides access to this Media Consumption Information to its customers — advertisers and others — so that they gain insights into consumers' interests, in order to make informed decisions about how to communicate and deliver content, entertainment, or information to the public ("Service").

By participating in the APP ("APP"), users allow their online browsing, hardware and APP location usage, and purchasing behavior (including content of visited web pages) to be collected. The APP is offered to you as a convenience, providing you with an alternative method for reporting your presence when viewership is detected instead of using the remote provided for this purpose.

This Privacy Policy applies only to those websites, services, and applications included within the Services and does not apply to any third-party websites, services, or applications, even if accessible through the Services. When you use the Services, you consent to our collection, use, disclosure, and protection of information about you as described in this Privacy Policy.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.

Company will not use Personal Identifiable Information ( "PII"), such as your username, password, date of birth, home address, home telephone number, SSN, etc. that you provide to us through the Service to advertise to you or to market products or services to you without your permission. Company also makes commercially reasonable efforts to restrict those with whom we share personal information from using that information to advertise or market back to you without your permission.

We may also request your voluntary participation in a panel ( "Panel" ) which will allow us to send you periodic surveys and track all information about user activities on any computing device on which you install our software, or any device connected to the computing device, such as the websites visited, the information viewed or entered on these websites, and the transactions that are made.

This Privacy Policy contains the following sections:

TABLE OF CONTENTS

   I. What Information is Collected?

     i. Personal Information

     ii. Information Collected through Your Activity on the APP

     iii. Information Collected from Third Parties

     iv. Information Collected During Secure Sessions

   II. How is the Collected Information Used?

   III. How is the information disclosed?

   IV. Third Party Links and Services

   V.  What if I Wish to Uninstall the APP?

   VI. Limitation of Liability

   VII. International Visitors and the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks

   VIII. Changes to Our Privacy Policy

   IX.  Whom Can I Contact if I Have Additional Questions?

​​

I. What information is collected?

 

i. Personal Information

 

We may collect personal information through our mobile application that link to this privacy policy. If you contact us through our Website, we may collect your email address along with any personal information that you voluntarily provide to us in your message

We may also collect personal information about you when you choose to participate in our Panel ("Panels") discussed in our Privacy Policy) by voluntarily installing Meters and downloading and enabling our applications. Use of our Service enables your participation in our Panel where we may collect, use, and disclose your information as described in this Privacy Policy. The information that we collect through your participation in our Panel may include any personal information that may be available through the websites that you visit and the Services that you use, as well as any personal information that you submit to these websites and applications. Once you have installed Meters or downloaded and enabled our applications or configuration file(s), we may collect the information described in this Privacy Policy.

We may also collect basic demographic information from you when you sign up to participate in our Panel. This information may include your contact information, other demographic information that you provide to us using a questionnaire, information provided to us by the companies through which you obtained or inquired about this Panel, or information that you provide to us through your participation in the Panel.

We may also collect personal information from you when you elect to participate in a survey as well as through our use of cookies in the survey invitation. We may contact you about participation in our surveys by e-mail, text messages, mail, and other means. If you participate in a survey, we require that you provide complete and accurate information about yourself and your household. We may combine any information that you provide to us in your survey responses, through our Website, and through your participation in our Panel with any other information that we collect from or about you.

 

ii. Information Collected through Your Activity on the Panel

When you agree to participate in our Panel, we monitor the Television, Television Devices, and Internet behavior that occurs on any device ("Device") that you use to participate in the Panel.

 

The data collected​ through meters may include content and advertising shown on your devices, your interactions with that content and advertising, including videos you watched, and web pages you visit. For online browsing, we may collect cookies and device information. We may further collect information about the content you view on the pages you visit during both normal and secure sessions, as well as any information that you submit through the websites you visit during these sessions. We may collect this information using a variety of technologies, which may differ depending on the type of device you use to participate in the Panel.

We may collect certain basic hardware, configuration and application usage information about your devices through your participation on our Panel, including such data as the model of the mobile device you are using, the amount of memory in the mobile device, and technical information about the device (e.g., model, device IP address, operating system versions, etc.). We may also collect location data on your mobile device to detect your proximity to nearby Meters (rather than using a remote provided for this purpose) even when the APP is closed or in background. We may also collect information about device ownership, the name of your device services provider, and your opinions and attitudes related to all of the above. If you allow others to use the device on which you install the Meter or any connected devices, or to connect their device to your device, information about their use of your device or any device that is connected to your device will also be collected. We may also collect certain advertising or device identifiers, which we may use to combine other information that we collect from or about you.

We make commercially reasonable efforts to automatically filter personal information such as, passwords, credit card numbers, and account numbers. However, we may collect this information about our users. We destroy or encrypt personal information that is not filtered. We also audit our processes on a regular basis to refine our collection methods to prevent the collection of this information going forward.

 

iii. Information Collected from Third Parties

In addition to the information collected through the Panel, we may also collect data about your Internet use from third-parties, including search engines, email providers, social networks and other application service providers whose Internet sites or mobile applications you visit. This information may identify the content that you view on websites or mobile applications. We may combine this information with the information that you provide to us directly or through your participation in the Panel.

We may also use third parties, including retailers, consumer preference reporting companies and credit reporting agencies, to obtain certain report data, other on-line data, or mobile usage information, and we may integrate such data with the data that you provide to us as part of your use of the APP, provided that the acquisition and processing of such information adheres to the privacy principles included in this Privacy Policy.

 

iv. Information Collected During Secure Sessions

When we collect information transmitted during a secure session, such as any activity that takes place across the HTTPS protocol, we take certain precautions to protect the security of the information that we collect. Such information is transmitted from your device to our software through a secure connection and then from our software to the destination server through a second secure connection. By sitting in the middle of this transmission, we are able to collect information about your online activities during secure sessions.

II. How is the Collected Information Used?

Participating in this Panel allows us to learn about your interaction with technology and digital media on various devices. This includes a wide range of devices (e.g., desktop and laptop computers, mobile phones, tablets, wearable devices, etc.) you may use to consume and interact with digital content throughout the day. Your information helps us understand behavior in your household, for example, who is using or watching television in a particular room.

We may use the information collected through your participation in our Panel and your survey responses, combined with information from other sources, to provide evaluations and predictions on current and future media activities. For certain commercial customers, Company may provide individual-level information.

Company makes this data available so that these customers may enhance their own understanding of media usage and commercial trends. We may use the personal information that you provide to us to operate and improve our products and services, including this Website; to communicate with you; to provide you with information or services that you have requested; and to provide our products and services to other companies.

You also agree that we may use the information we have collected from you to identify your use of search engines, email providers, social networks and other application service providers whose Internet sites you visit. Your agreement to this policy shall serve as your consent to allow us to request data about your online activities from these third-parties and to combine that information with the information that you provide us directly or through the application.

Certain domestic and international laws provide may provide rights, subject to certain exceptions, to access specific pieces of personal information, correct any errors to personal information, object to the processing of personal information, and delete the personal information. Individuals may also have the right under certain laws to opt out of the sale of personal information as defined by that law. Please note that these consumer rights and definition of "personal information" vary by jurisdiction.

Company provides the right to access and delete personal information, subject to certain exceptions. To exercise your choices about your personal information, including choices which may not be listed above, please contact us by email at privacy@mediamagnitude.com.

If you would like to submit a request to opt out of the sale of your personal information, you may also exercise your right by contacting us by email at privacy@mediamagnitude.com.

Company may need to request additional information from you to verify your identity (e.g., your email address and/or device identifier) or understand the scope of your request. However, you will not be required to create an account with us to submit a request or have it fulfilled. You may designate an authorized agent to exercise your rights by contacting privacy@mediamagnitude.com . We will not discriminate against you for exercising any of the above rights. We may, however, offer you certain financial incentives permitted by applicable law as compensation for allowing us to collect, sell, or maintain your personal information through your participation in our market research efforts.

III. How is the Information Disclosed?

We may make the data that we collect available to companies that are our customers, so that they may enhance their own understanding of media consumption behavior and commercial trends. Such reports are commonly provided in the form of aggregate data. However, we may also provide data to our customers in the form of unprocessed individual records.

We may also share information that we collect from or about you and information collected through your participation in our Panel with others (collectively, "Third-Party Sites" or "Retailers").

These Third-Party Sites are companies who have referred you to us and requested that we provide them with information about your participation in our Panel. We may share any of the information that we collect under this Privacy Policy with Third-Party Sites, and we may add new Third-Party Sites at any time. Some of these Third-Party Sites may be able to match this information with your personal information. These Third-Party Sites may combine the information that we provide to them with any information that they have separately collected about you, and they may use this information to create a variety of reports, including market research reports.

Company makes commercially reasonable efforts to restrict those customers and Third-Party Sites with whom we share personal information from using that information to advertise or market back to you without your permission.

We may also share any personal information that you provide to us as described below, such as:

 

  • With our vendors, consultants, agents, contractors, and other service providers that we use to support our business;

  • To provide you with any information or services that you request;

  • To respond to subpoenas, court orders, and other legal process, or as otherwise required by law; To exercise our legal rights or defend against legal claims, to enforce our contracts, to investigate, respond to and resolve problems or inquiries (including governmental inquiries), or to permit us to pursue available remedies or limit the damages that we may sustain;

  • In connection with an actual or potential merger, sale, acquisition, assignment, or transfer of all or part of our assets, affiliates, lines of business, or products, including at bankruptcy;

  • With our affiliates, subsidiaries, or parent companies and With your consent.

IV. Third Party Links and Services

Our Website may contain links to third-party websites. We do not control these linked websites and this Privacy Policy does not apply to those websites. We encourage you to read the privacy policy of any thirdparty website that you visit before you provide any information to that website"™s owner. V. What if I Wish to Stop Participating in the Panel?

If you want to stop participating in the Panel, you may do so by (a) notifying Company in writing at help@mediamagnitude.com .

 

We may terminate your participation in the Panel, and the Terms that govern your participation, for any reason and at any time. This may include terminating your participation in the Panel if the Meters are unable to collect sufficient data.

Upon termination, you will return to Company all hardware and software you received in connection with the Panel, or otherwise dispose of the hardware and software in the manner Company states (including, for example, uninstalling downloadable software). Upon termination, you will have sixty (60) days to redeem any Incentives. If your participation in the Panel was terminated for cause (e.g., because you violated these Terms), you forfeit your right to redeem any Incentives previously accrued.

Please note: We may continue to use information collected during the time that you participated in the Panel, but all such information remains fully subject to, and governed by, the Privacy Policy that was effective at the time you stopped participating in the Panel.

VI. Limitation of Liability

 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS

SYSTEM OR THE PERFORMANCE OF OUR PRODUCTS OR SERVICES, EVEN IF WE (OR OUR AUTHORIZED REPRESENTATIVE(S)) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR

LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT, IF YOU ARE A USER OF THE PANEL AND NOT THE SOFTWARE, EXCEED $100.

ADDITIONALLY, WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE INDEPENDENT POLICIES OR ACTIONS OF THIRD-PARTY SITE"™S, AND ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OF SUCH THIRD-PARTY SITES, OR DAMAGE CAUSED BY NEGLIGENT ACTORS INVOLVED IN OR FAILING TO PREVENT DATA BREACHES, HACKS, OR ANY INTERNAL OR EXTERNAL INFILTRATION OF USER"™S PERSONAL IDENTIFIABLE INFORMATION.

VII. International Visitors and the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks

If you visit our website or download any mobile app from locations outside of the United States, please note that any information you provide to us through your use of our website or your participation in the Panel may be transferred to and processed in countries other than the country from which you accessed our website or downloaded an app, including the United States where our central database is operated. Subject to the next paragraph below, please be aware that the United States, and other countries in which your data may be maintained, may not offer an equivalent level of protection as provided for in your country.

Our app complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield

Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Economic Area, the United Kingdom, and Switzerland to the United States.

VIII. Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users" personal information, we will post the new privacy policy on this page www.mediamagnitude.com/privacy-page with a notice that the privacy policy has been updated, and notify you by email and/or text message to the primary email address and/or phone number specified in your account.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address and/or phone number for you and for periodically visiting this privacy policy to check for any changes.

IX. Whom Can I Contact if I Have Additional Questions?

If you have any questions about the above Privacy Policy, our practices or your interactions with the Panel, you may contact us at privacy@mediamagnitude.com .

HyphaMetrics

20203 GOSHEN RD # 266

GAITHERSBURG MD 20879-4000

For any support issues, please contact: help@mediamagnitude.com.

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