- Terms of Service
Effective Date: February 1, 2020
PremierOpinion” is a division of VoiceFive, Inc., a wholly owned subsidiary of comScore, Inc. (“Comscore”), (“PremierOpinion”, “we”, “us”, or “our). Our online market research community has millions of participants who are interested in voicing their opinions through their survey responses and activities, as described below, and in influencing which products and services are offered. Panelists allow their digital consumption behavior to be collected and used to produce a variety of reports about consumers' preferences and interests.
The information you contribute is used by Comscore, a globally-recognized authority on market research and cross-platform consumption behavior trends, whose data are routinely cited by major media outlets such as The New York Times®, The Wall Street Journal®, and CNN®. The data are extensively relied upon by some of the world’s largest media companies, advertisers and film studios and its strategic partners include the most important players in the TV and digital media and advertising ecosystem. To learn more about Comscore, please see www.comscore.com.
The Short Version
By participating in a voluntary Panel and downloading our device meter (“Meter”), Panelists allow us to collect all information about user activities on any computing device on which you install our software, or any device connected to the computing device. This includes, for example:
- personal and online identifiers,
- online browsing activities,
- phone, hardware, and application usage,
- information that you view or enter online,
- your purchasing behavior and transactions,
- demographic information, and
- information about your activities during secure sessions.
What information is collected and why
Information you provide to PremierOpinion.
We may collect personal information about you when you choose to provide it to us through our Website or otherwise. For example, when you register to participate in our Panel or otherwise provide information through one of our Websites covered by this policy you may provide us your contact information to create an account or receive email communication. We may collect such information directly from you or we may receive it from a third-party company that is acting on our behalf or that otherwise refers you to us.
This information may include personal identifiers such as your name, address, phone number, and email address, self-reported demographic information (e.g., race and gender), among other types of information, including any personal information you provide to us in a message. We may also collect personal and other information about you through your responses to our voluntary surveys. 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.
This information is used to manage your account, verify your identity for Data Subject Requests, process applicable rewards and prizes, and measure your internet usage and media consumption habits.
Information collected automatically when you visit our websites
Our Website and application automatically create logs regarding your activity on our Website. These logs may identify the features that you use, the actions that you take, and the information that you access while on our Website or mobile app.
The personal information collected from you may include online identifiers (e.g., IP address) and Internet or other electronic network activity including information about your browsing history, operating system, browser type, website preferences, your use of our website or application (e.g., time accessed, duration of visit, etc.). We generally use this information in statistical and aggregate formats to assess the effectiveness of our Website and application and to better understand your priorities and interests.
Information you provide via the Meter.
We collect personal and other information about you when you choose to participate in our Panels by voluntarily downloading and enabling our software. This software allows us to monitor your digital consumption behavior on the computer on which you install our software and any devices that you connect to that computer. Our software collects this information regardless of whether you are connected to the Internet at the time. If you allow others to use the computer on which you install the software or any connected devices, or to connect their device to your computer, information about their use of your computer or any device that is connected to your computer will also be collected.
We collect computer and device information, including:
- online identifiers (e.g., cookie ID, device ID, etc.),
- IP address and geolocation inferred by the IP address,
- general hardware, software, computer or device configuration information about the computer on which you install our software or any connected device,
- operating system,
- browser information, such as type and version,
- speed of the computer processor, its memory capacity, Internet connection speed, and device type and configuration, and
- information about the devices connected to your computer or your network, such as the type of printer or router you may be using.
We also collect information about your web browsing activities and use of the applications on your device, including:
- Internet or other network activity,
- what you click on and what you type,
- time you spend on a particular website,
- the content on the websites you visit and in the applications you use,
- the context and location in which certain content is displayed on individual web pages,
- any information that is available through these websites or applications,
- any information that you submit to these websites and applications (e.g., search queries),
- select email header information from web-based emails,
- information about any software that you download or use, and
- information about your use of video streaming services.
Our software may also collect information about the activity that you undertake during secure sessions, such as filling a shopping basket, completing an application form, or checking online accounts. We may use software-based technologies, including a root certificate which allows us to decrypt secure URLs and pages, to collect this information from your device. In addition to the information listed above, we may also collect the following during secure sessions:
- any information that you submit through the websites you visit during these sessions (e.g., usernames, passwords, bank account numbers, credit card numbers, other financial information, professional or employment-related information, education information, etc.) and
- commercial or transactions information, such as records of products or services purchased.
We make commercially reasonable efforts to automatically filter out certain personal information collected from our Panelists such as password, credit card numbers, and account numbers. However, we may collect such information about our Panelists. We make commercially reasonable efforts to destroy or encrypt any confidential personal information that is not filtered automatically. We also audit our processes on a regular basis to refine our collection methods to prevent the collection of this information going forward.
When we collect information transmitted during a secure session, such as any activity that takes place across the HTTPS protocol, we take reasonable precautions to protect the security of the information that we collect. For example, such information may be 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.
If you have created an account for the Panel in which you choose to participate, any information collected from or about you as a result of your participation in the Panel may be associated with your account, including the personal information associated with that account. The information collected from you because of your panel participation is used to create a profile about your internet usage and media consumption habits.
Information Collected from Third Parties.
We may also collect information about you from third parties and service providers collecting your information on our behalf, as well as companies such as, information resellers, search engines, email providers, social networks and other application service providers whose Internet sites or applications you use. For a list of some of our specific partners please click here.
For example, we may use third parties, including television and mobile communication service providers, website and application operators, social media platforms, consumer preference reporting companies, and credit reporting agencies, to obtain information about your:
- online web browsing activities,
- television viewing behavior (such as programs that you watch and record, your usage of your set-top box, your consumption of on-demand programming and over-the-top content, and your usage of interactive television applications),
- your use of credit, and
- usage of applications, social media platforms, and your mobile device(s).
This information may identify the content that you view on the websites that you visit or the applications you use, which may further provide Comscore with inferences drawn from the information about your actual and predicted affiliations, interests, and other characteristics. We may also share information with and receive information from third parties who help us enhance our information, such as providing additional demographic information. We may also 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.
We use the information collected through our software and your survey responses, combined with information from other sources, to make predictions and evaluations about current and future digital consumption behavior based on inferences drawn from the information collected. We make this information available so that our customers may enhance their own understanding of digital consumption trends.
Additionally, we may use the personal information that you provide to us to operate and improve our products and services, including our Websites, to communicate with you, to provide you with information or services that you have requested, and to provide our products and services to our customers.
How we share the information we collect
Sharing for business purposes.
- to operate PremierOpinion’s products and services or support general operations of business;
- to integrate the products and services of our business partners;
- to use third-party cloud services to host our Website, and process and store the information we process about you; and
- for any other legitimate business purpose.
Sharing for commercial purposes.
- our customers, which include, among others, media companies including Google, brands, public relations companies, and marketing and advertising agencies; and
- joint industry committees (“JICs”) involved in media audience measurement and research. Further details of JICs can be found here.
Compliance and compelled disclosures.
We may share personal information:
- with public authorities to respond to subpoenas, court orders, and other legal process, or as otherwise required by law;
- to protect the rights, privacy, safety, and property of PremierOpinion, our customers, our business partners, or others; and
- 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.
How long we keep the information collected
We store your information for as long as is reasonably necessary for the purposes listed above or as required by applicable local law.
Your choices about your personal information
Certain domestic and international laws provide individuals with rights related to their personal information. These rights may include the 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.
We provide 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 visit our Data Subject Rights Page. You may also contact us by email at email@example.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 on our Data Subject Rights Page. In addition to exercising your rights, we recommend reviewing the Managing your panel participation section to review how to remove the panel software from your device.
We may need to request additional information from you to verify your identity (e.g., your email address, cookie identifier, machine identifier, 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 firstname.lastname@example.org.
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.
Managing panel participation
You may contact us at the support address listed below to do any of the following:
- change your communication preferences;
- stop receiving survey offers without opting out of participation in the Panel; or
- terminate your account.
To stop participating in our Panel, please remove our software from your device (e.g., uninstall from your computer and/or delete the mobile application). If you remove our software without changing your communication preferences, you may still be contacted for administrative purposes or for special participant opportunities.
For more information about your choices in relation to your personal information, including your choice to access and delete your personal information, please visit click here.
Where required by law, we get consent from a parent/guardian for our collection, use, or disclosure of information from child(ren) in the household. The information collected from your child(ren) includes persistent identifiers for the computer or device being used and any identifying information (e.g., full name, address, telephone number, email, or other online contact information) that the child enters while using a website or app, even during secure sessions.
If you would like to review and/or request that we delete any personal information we have collected from your child(ren) through this Panel, you can do so by submitting a request via our Data Subject Rights Page. If you do not want us to make any further use of personal information that we have previously collected from your child(ren) through this Panel, please delete the information using the above referenced mechanism. To stop us from further collecting personal information from your child(ren), please resign from the Panel as described in the section entitled Managing panel participation. If you have any questions about our privacy policies with respect to children or our use of personal information collected from children, you can contact us using the information below.
Interest-based advertising and market research
What is interest-based advertising?
Interest-based advertising, also known as Online Behavioral Advertising, allows advertisers to display ads tailored to your individual interests based on how you browse and shop online, as well as to provide advertising-related services such as ad delivery, reporting, attribution, analytics, and market research.
We may use third parties and service providers on our Website, as discussed in the What information is collected and why section, to collect information for interest-based advertising. This process may involve third parties and services providers using tagging technology, such as a cookie, on your device. These tags may collect data about your Web browsing over time and across digital properties, including information about the possible relationships among different browsers and devices. We adhere to the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles in connection to all interest-based advertising activities.
We may also set tags on your browser that collect information for ScorecardResearch, a service offered by Full Circle Studies, Inc., which is also a part of the Comscore market research group. The information collected from these tags is used for interest-based advertising purposes, where appropriate. Please note interest-based advertising services based on information collected by ScorecardResearch are not provided in the European Union (“EU”).
How do I manage my preferences for interest-based advertising?
You may visit www.aboutads.info/choices to learn more about interest-based advertising, to opt out of our collection and transfer of Web browsing information for interest-based advertising purposes, and to opt out of the collection and use of information for this purpose by other companies that participate in industry self-regulation. To opt out of our collection and transfer of application usage information for third parties to use for their own interest-based advertising purposes, you can use any controls that are provided for this purpose by the operating system on your mobile device. Please note that opting out will not stop advertising from appearing in your browser or in the applications you use. It may make the ads you see less relevant to your interests. You may also continue to receive interest-based advertising from other companies.
What is market research?
Market research is an organized effort to gather information about markets and customers. With the use of ScorecardResearch tags and surveys, Comscore’s market research group collects and analyzes information to provide products and services to companies around the world. This information helps companies better understand and meet the needs of consumers.
How do I manage my preferences for market research?
To control your level of participation in our market research programs or opt out, click here. By opting out of our market research program, ScorecardResearch Tags will only be able to count your visit to a particular site but not identify your device beyond that count. Additionally, if your mobile device platform offers settings to limit data collection for interest-based advertising, you can use these settings to opt out of participating in our market research programs. For example, your device may “Limit Ad Tracking.”
This opt-out does not stop your participation in the Panel, we may still collect information via the Meter. For more information about how to manage your participation in the Panel please click here.
What does opting out of market research on your browser do?
The browser opt-out mechanisms linked above are cookie based (i.e., a cookie must be on your computer to tell our systems that you have opted out). The cookie-based method does not prevent us from identifying certain events (e.g., when a user visits a website). The method, however, prevents us from associating that event with your browser or otherwise identifying you beyond us merely counting your visit. If you delete, block, or otherwise restrict cookies, this opt-out may not be effective. Additionally, because different computers and different Internet browsers require their own version of the opt-out cookie, you may need to perform this opt-out process on any computers and browsers that you want to be opted-out.
Other important information about your personal information
We use organizational, technical, and administrative measures to protect your personal information. For an overview of our security measures, click here.
In addition, PremierOpinion submits to an annual independent SOC 3 audit, the assertion is available here.
Third-party links and services.
International Visitors and the EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield Frameworks
If you visit our Website or participate in our program 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 program may be transferred to and processed in countries other than the country from which you accessed our Website or participated in our program, 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.
When the text of this Policy is available in multiple languages, the English version is the authoritative version, except where prohibited by applicable law.
If you have any concerns, questions, or would just like to better understand our privacy practices, please send an email to privacy@voicefive. If you prefer to contact us by mail, please write to VoiceFive, Inc., ATTN: Privacy, 11950 Democracy Drive, Reston, VA 20190.
For any support issues, please contact email@example.com.
Last modified: December 19, 2017
These Terms of Service (the “
Terms of Service
govern your use of the websites located at TMRGInc.com, RelevantKnowledge.com, PremierOpinion.com, DigitalReflectionPanel.com, and VoiceFive.com (each a “Site”), which are operated by Comscore, Inc. (“we,” “us,” or “our”). The Terms of Service also govern your use of any software, applications, configuration files, meters, or other tools or programs (collectively, “Software”), that you access, use, or install in connection with your participation in our panels or surveys. Your agreement to the Terms of Service is a condition precedent to using this Site and the Software (collectively, the “System”). If you are a Software user, please pay particular attention to the “Software License & Ownership” and “Restrictions on Use” sections below.
Table of Contents
Binding Effect; Modification to these Terms of Service
These Terms of Service are a binding agreement. We will post a notification on this System in the event of any material changes to these Terms of Service. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this System. We will not be liable if, for any reason, all or part of this System is ever unavailable. From time to time, we may restrict access to all or some of this System. Please check these Terms of Service periodically for changes. Your continued use of this System following our posting of any changes to these Terms of Service means that you accept those changes. Without limitation to the foregoing, this provision does not apply in New Jersey.
Age Requirements for General Use of this System
Use of and participation on the System is restricted to those individuals who are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the System, you hereby represent that you are at least 18 years of age.
Use of the Software is additionally restricted to those individuals:
- that are not employed or related to an individual employed by a market research company other than by us or our affiliates;
- that allow their computers to be configured to use the Software; and
Software License and Ownership
As between you and us, all trademarks, service marks, patents, copyrights, trade secrets and other proprietary and intellectual property rights (collectively, “IPR”) in or related to the Software, and our confidential information and any Derivative Works (as defined below) for any of the foregoing regardless of who created it (collectively, “Our Assets”) are and shall remain our exclusive property, whether or not specifically recognized or perfected under local applicable law. Our Software incorporates and implements patented technologies. For more information visit http://www.comscore.com/patents .
You shall not take any action that jeopardizes or could jeopardize Our Assets. Upon our reasonable request, you shall execute and deliver to us all instruments and other documents, and shall take such other actions reasonably requested by us, so that we may protect and defend our rights in and to Our Assets.
Solely for Personal or Internal Use: You may browse this System and all associated content solely for your personal use. This System or any portion of this System may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Accuracy of Information as Condition to System Access: To access parts of this System or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this System that all the information you provide on this System is correct, current and complete.
Restricted Transmission: You agree not to use any device, software or routine to interfere with the proper functioning of the System. In using the System, you may not:
transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;
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transmit or solicit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or Derivative Works (as defined below) with respect thereto, without first obtaining permission from the owner or right holder;
transmit any information, software or other material which contains a virus or other harmful component;
use any software, tool, data, device or other mechanism to navigate or search the System other than the search engine provided by us or generally available browsers;
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using this System to send commercial e-mail, including, without limitation, promotions, or advertisements for products or services;
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accessing or using the System in any way that is adverse to our then current acceptable use policies and agreements.
In addition to breach of contract claims, any violation of system or network security may additionally subject you to civil and/or criminal liability.
Copyrights, Trademarks, and Other Proprietary Rights of the Site
When accessing this System, you agree to obey the law and to respect the IPR of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any Visitor Content (defined below) that you provide or transmit to us.
All content on this System, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire content of the Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content.
All trademarks appearing on this System are the property of their respective owners, including, in some instances, us and/or our partner companies. Unless expressly stated herein, nothing contained on this System should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by us or by any third party.
You may print or have printed by any third party any downloadable material contained on this System provided that: (a) the material is solely for non-commercial and personal use; (b) no copyright, author attribution, trademark, legend or other proprietary notice is removed from the material; and (c) the material is not altered in any manner. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.
User Communications; Visitor Content
You are and shall remain solely responsible for the content of any creative materials, including creative suggestions, ideas, notes, drawings, photographs, concepts or other information or communications, including any data, questions, comments, suggestions, or the like (collectively the “Visitor Content
, which is expressly incorporated into these Terms of Service by this reference.
Sweepstakes, Contests and Promotions
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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 SITE AND NOT THE SOFTWARE, EXCEED $100, OR IF YOU ARE A USER OF THE SOFTWARE, THE TOTAL LICENSE FEES PAID TO US IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF THE CLAIM.
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We may give you responses or notices by e-mail to the address most recently provided by you, posting to this System, or by written communication sent by U.S. Postal Service and/or FedEx to the address most recently provided by you.
Governing Law: These Terms of Service and your use of this System shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of New York, U.S.A., without giving effect to any principles of any choice of law provisions.
Timing of Claims: Any cause of action or claim you may have with respect to this System (including, but not limited to, the purchase of products) must be commenced within one (1) year after the claim or cause of action arises.
Final Arbitration: The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
Class Action Waiver: To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Some jurisdictions, such as the State of New Jersey, do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above provisions may not apply to you; all other provisions of these Terms of Service remain in full force and effect.
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