ACNielsen Homescan New Zealand

Nielsen Consumer Panel Privacy Notice

Thank you for agreeing to join our select group of panelists! For decades, Nielsen has set the global standard for market and consumer insight research. Our insights are based on representative samples of the population and help our clients (e.g., manufacturers, retailers, media companies, non-profit organisations, and government entities) learn about what consumers watch, listen to, and buy. By participating in the Nielsen Consumer Panel (the “Panel”), your household is helping consumer packaged goods manufacturers and retailers understand how consumers decide which products to purchase or consume and influencing product development and availability as well as programming and advertising content.

As the controller of personal data processed in connection with your household’s participation in the Panel, A.C. Nielsen (N.Z.) ULC, Level 3, Nielsen Centre, 129 Hurstmere Rd, Takapuna, Auckland 0622 (“Nielsen,” “we,” or “us”) is committed to protecting your privacy and handling personal data about you in an open and transparent manner. This Privacy Notice explains how we use, share, and protect the data we collect from or about you in connection with your household’s participation in the Panel and your interaction with the Panel website (the “Website”). This Privacy Notice also explains your legal rights in relation to such data. Please note, Personal Information is shared with other entities within the Nielsen Group of Companies

Please note that this Privacy Notice applies only to data collected and processed in connection with your household’s participation in the Panel and your interaction with the Website. This Privacy Notice does not apply to your participation in any other Nielsen panels, studies, or surveys or your interaction with or use of any other Nielsen websites, applications, or online services administered or provided by Nielsen’s group of companies. Other Nielsen panels, studies, surveys, websites, applications, and online services are governed by their own privacy notices, and we encourage you to review those privacy notices before disclosing any data.

To learn more about Nielsen’s group of companies, one or more of which may also process your data in connection with your household’s participation in the Panel and your use of the Website, please click here. Your household’s participation in the Panel is always voluntary. If you have any questions about the Panel, this Privacy Notice, or your data, please refer to the “Contacting Us” section below for our contact information.

1. Our Privacy Commitment

2. Collection of Personal Data

3. Use of Personal Data

4. Cookies and Similar Technologies

5. Disclosures and Transfers of Personal Data

6. Your Choices and Legal Rights

7. Children’s Data

8. Data Security

9. Data Retention

10. Updates to this Privacy Notice

11. Contacting Us


Nielsen is a privacy-conscious organisation and complies with all applicable data protection and privacy laws. Indeed, it is crucial for us to maintain the confidentiality of our panelists’ data in order to prevent any third-party interference with panelists that could affect their behaviour and the accuracy of our data and insights. We also will not use data that identifies you to advertise, promote, market, or sell third- party goods or services directly to you or other members of your household.

2. COLLECTION OF PERSONAL DATA As a potential or current participant in the Panel, we will collect or otherwise obtain data relating to you in a variety of ways. Such data may include personal data (i.e., data that alone or in combination with other data identifies you as an individual, such as your name, email address, phone number, and other data that can be reasonably linked to you as an individual). Additional details about the data we may gather about you in connection with your household’s participation in the Panel and the sources of such data can be found below.

A. Data provided by you or a member of your household

During the recruitment and registration process or as part of a research study, we will gather data about you and other members of your household through the voluntary completion of our online recruitment questionnaire and other panel registration activities. The data requested may include your name, mailing address, telephone number, email address, and demographic data (e.g., your age, gender, occupation, marital status, etc.) and similar data about the other members of your household. You may voluntarily provide or disclose to us sensitive personal data (in particular if your household participates in a panel that involves the healthcare industry), which is information that discloses or reveals health or medical conditions, biometric or genetic data, sexual orientation or sexual life, political opinions/views, race/ethnic origin, religious and philosophical beliefs, and trade-union membership.

Once your household has joined the Panel, you and/or another member of your household will scan the barcodes of your household’s purchases with a handheld scanner provided by us (the “Scanner”) or by using the Nielsen Consumer Panel mobile app (the “App”), and this information will be passed to us automatically either weekly (if using the Scanner) or immediately (if using the App). If your household has been provided with the Scanner, additional details about the data collected via the Scanner can be found below. If you have downloaded and installed the App on your mobile device, we encourage you to review the App’s privacy notice to learn more about its data collection practices.

While your household is actively participating in the Panel, we will periodically request your voluntary completion of questionnaires or participation in surveys or studies administered by us in order to better understand your views, preferences (e.g., your favorite breakfast cereal brand), and/or purchasing habits (e.g., when, where, and/or how frequently you shop for groceries). In connection with these questionnaires, surveys, and/or studies, we may gather additional information about you and the other members of your household that is voluntarily provided to us.

What information do we collect? During the initial panel registration process or as part of a research survey, we request certain demographic information about you and others in your household, such as name, address, telephone, e-mail, birth date, gender, occupation, education level, and income. Once your household has voluntarily joined our panel, we will obtain additional information about you and your household because we track a wide variety of information about preference and consumption behaviors and exposure to advertising. For example, depending upon the panels in which your household is included, the information we collect may concern, in addition to everyday personal and household products, video, television (cable, satellite or otherwise), radio, music and reading material preferences and consumption, and location data. If your household participates in a panel that involves healthcare information, we may ask you certain health-related information about you and the members of your household. If your household participates in a panel that involves online or Internet activity information, we may collect ask you information about your activity on your computer and online.

B. Data collected in connection with your use of the Website and interaction with content and advertising

In certain cases, we (or third parties) may collect data about your device(s) using cookies and other similar technologies. This data may include your device’s internet protocol (IP) address, unique device identifiers, device model, operating system and version, browser type and language, and other transactional data (e.g., pages visited and access dates and times). Additional information about our use of cookies and similar technologies can be found in the “Cookies and Similar Technologies” section below.

C. Data collected by Nielsen-supplied equipment

The Scanner that is provided to your household after joining the Panel is designed to help your household share purchase data and other data with us. In particular, your household will use the Scanner to record the products that your household buys and share other relevant information with us (e.g., when you and other members of your household are away from home on holiday, business travel, etc.). The Scanner also records timestamps when you or another member of your household records purchases, completes a survey, or reads a message on the Scanner. Your household will receive additional details about the Scanner, including instructions on installation and use of the Scanner and its features, after joining the Panel.

D. Data we obtain from other sources

We may obtain data about you from other sources, generally relating to your demographic characteristics; what you watch, research, or buy; and your exposure to certain content or advertising. We also obtain data from third party panel providers who help us recruit for our panels.

We may obtain this data from various sources, including but not limited to:

  • public sources (e.g., public databases, social media, etc.);
  • the manufacturers and sellers of goods and services that you or your household purchase or use;
  • third-party websites or mobile apps that you use and are authorised to share data with us;
  • third-party (non-Nielsen) panels of which you or your household are a member;
  • Nielsen measurement products, including Nielsen panels that you or your household participate in;
  • companies and retailers that offer "customer loyalty" programs; and
  • data providers and data-matching service providers.
  • We may combine the data that we collect or otherwise obtain about you with data from these additional sources.

    E. Data we do not collect

    We do not collect identification numbers (e.g., passport or national identity numbers) or financial information (e.g., bank account or credit card numbers).


    We use personal data for the purpose(s) for which it was collected or provided to us (as stated at the point of collection) or as otherwise obvious from the context of collection. For example, the data that we request during the recruitment process is used to determine your household’s eligibility for participation in the Panel.

    Once your household has joined the Panel, personal data is used to help us create a variety of market research insights for our clients. We combine personal data you provide us with research tools and information from other sources to generate market research insights. For example, we receive information from our affiliates regarding advertisements you viewed online, which allows us to see if items you purchase were affected by online advertisements. These insights, in turn, help our clients make informed decisions about various topics, such as the products that they manufacture or stock in their stores, which advertising method(s) to use (e.g., online/digital advertising, mobile advertising, print advertising, broadcast advertising, etc.). Our clients may also use our insights to understand, among other things, the types of products consumers in different demographic groups would be likely to buy and whether residents in a particular neighborhood would be likely to shop at a specialty store if it was nearby.

    When we prepare reports and share insights with our clients, we use tools and methods that are designed to ensure that there is no reasonable possibility of identifying any participants in the Panel. For example, if you complete a questionnaire or survey, we will combine your responses with the responses of other respondents in order to produce reports with aggregated data from which you cannot be identified. We may disclose personal data or survey responses to third parties as follows: (a) from time-to-time we may request that you participate in projects or studies that would involve sharing identifiable data with our clients, but we will notify you of that when we request your participation, and (b) otherwise as listed in Section 5 of this Privacy Notice.

    We and our affiliates also create reports based upon “modeled data” (i.e., projections based on demographic and behavioural characteristics, such as age, gender, product purchases, or TV watching habits) that look at a sample group of people and predict what people with similar characteristics or preferences might watch or buy. This allows advertisers, for instance, to identify the likely audience for a marketing campaign. Please review the section on cookies, below, for one example of how we (and our affiliates) create reports based on “modeled data”.

    In addition to using your data for our research purposes as described above, we may use your data to:
    • operate and manage the Panel
    • provide you with information about your participation in the Panel, such as how to redeem your rewards points;
    • communicate with you via any means (including via email, telephone, text message, or postal mail) about the Panel and/or the Website, respond to your inquiries and requests, or update/validate the data that we hold about you;
    • contact you with information about our business, services, and events as well as other information that may be of interest to you, such as offers to participate in other panels, studies, or surveys administered by us or other Nielsen entities (subject always to obtaining your prior opt-in consent to the extent required under applicable law);
    • operate and manage the Website and customize or personalize your user experience and the content we deliver to you when using the Website;
    • operate and manage our IT and security systems, including to monitor such systems and identify and respond to security events;
    • conduct research for quality assurance and product, service, and business development purposes;
    • facilitate the day-to-day operations and financial management of the Nielsen group of companies and any corporate transactions (e.g., a reorganization, merger, sale, joint venture, assignment, transfer, etc.);
    • protect the rights, safety, property, or operations of one or more Nielsen entities, you, or others;
    • comply with applicable laws and regulations and establish, exercise, and/or defend the legal rights of one or more Nielsen entities; and
    • respond to requests and communications from law enforcement authorities or other government officials.
    • We will also use personal data about you for other purposes so long as the information is used in a form in which you are not identified, or used for statistical and research purposes and is not published in a form that could reasonably be expected to identify you.

      Please note that because we are continually adapting our services to evolving consumer and media consumption patterns, we may also use your data in ways that we have not developed yet, in which case we will provide you with additional information as our practices change.


      A cookie is a small amount of data, which often includes a unique identifier, sent to your browser from a website's computers and stored on your computer’s hard drive. We may use cookies (i.e., small text files placed on your device) and similar technologies (e.g., web beacons, pixels, and ad tags) to enable certain features and functionality and collect additional data that helps us improve the Website and better deliver our services to you. In particular, we may use cookies (session and persistent cookies) to:

      • Identify your browser or device, display information more effectively, provide you with tailored content, and gather statistical information about how you use the Website;
      • To detect and defend against fraud and other security purposes/risks in order to protect the Website’s visitors; and
      • On occasion, we use cookies to understand your exposure to certain Internet advertisements as you surf the Web.

      If you do not wish to have data collected from your device by cookies and similar technologies, most browsers allow you to control and decline the use of cookies through the browser settings. Please note, however, that if you decline the use of cookies or limit the ability of the Website to set cookies, some of its features may not work properly.

      Advertising Effectiveness and other Cookie-Based Opportunities

      Our Advertising Effectiveness Program and Other Cookie-Based Opportunities allows us to create a much more rounded picture of households’ shopping habits such as by, for example, seeing if the items purchased have been affected by online advertisements. We do so by using cookies.

      The Advertising Effectiveness Program-related cookie placed on your device enables us to store information on your browser, such as a unique cookie ID and Homescan panel ID, and access such information at a later date. When you visit an online advertisement or website containing a Nielsen pixel tag, we (or our affiliates) are able to read the information stored in the cookie, record the time that you viewed the advertisement or website, and collect additional information about your device and browser (e.g., device type and model, operating system and version, IP address, and location (derived from the device’s IP address)). To the extent that this data constitutes personal data or is combined with any of personal data about you, we will handle it in accordance with this Privacy Notice. If you wish to not participate in Advertising Effectiveness Program, please click here to get an opt-out cookie.

      In addition, a Nielsen Marketing Cloud-related cookie is placed on your device. This program helps us and our affiliates (e.g., the Nielsen Marketing Cloud) create reports and insights based on “modeled data” to predict what people with similar characteristics or preferences would buy. To do this, we provide information about your product purchases and our insights derived from product purchases (e.g., that you like a certain product) to Nielsen Marketing Cloud by synching your Homescan panel ID to a Nielsen Marketing Cloud ID via a cookie matching process. Nielsen Marketing Cloud analyzes this information to create a probabilistic model that can predict someone’s interest in a product (e.g., the rules or criteria used to predict someone’s interest in a product). . Nielsen Marketing Cloud will then apply this model to its existing data to identify people who have similar characteristics or preferences. This allows advertisers, for example, to identify the likely audience for a marketing campaign.

      Please note, Nielsen Marketing Cloud does not use the information we provide them for advertising purposes – only to create the model. Please note, however, if you browse the Internet and Nielsen Marketing Cloud independently tracks you, they will process any personal data collected per the Nielsen Marketing Cloud Privacy Notice.

      If you wish to not participate, please Click here to get an opt-out cookie.

      5. DISCLOSURES AND TRANSFERS OF PERSONAL DATA In connection with one or more of the purposes outlined above, we disclose personal data to:

      • other entities within the Nielsen Group of companies
      • our clients and other third parties, such as market research companies (in accordance with market research industry ethical guidelines), who are contractually bound to keep information disclosed confidential and use it only for research or statistical purposes, as well as organizations and institutions engaged in historical, academic, or longitudinal research;
      • third parties if necessary to complete any transaction you have requested or authorized or to provide you with a requested product or service;
      • affiliated or non-affiliated third-party service providers, including providers of the following services (among others): website or application hosting, management, or support; data analysis or processing; data backup; data security and storage; data matching; panelist recruitment; product development; and other services (subject to binding contractual obligations of confidentiality and security);
      • relevant third parties as part of a corporate transaction, such as a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings);
      • competent governmental and public authorities, in each case to comply with legal or regulatory obligations or requests or for the purposes of reporting any actual or suspected breach of applicable law; and
      • other third parties as we believe to be necessary or appropriate for legal purposes.
      • All of the disclosures described above may result in the transfer of personal data about you to countries or regions with data protection laws that differ from those in your country of residence and do not provide an “adequate level” of data protection. Countries in which recipients are likely to be located include those where Nielsen has offices, including the United States of America, Canada, the European Union, and India. By providing us with personal data about you, participating in the Panel, and/or using the Website, you are acknowledging that personal data about you may be transferred to countries outside of your country of residence. In cases where personal data about you is transferred outside of your country of residence, we will ensure that there are adequate safeguards in place to protect personal data.


        Participation in the Panel is always voluntary. If your household would like to cease participating in the Panel, please contact us using the contact information in the “Contacting Us” section below.

        You also have choices about how we handle the personal data that we collect or otherwise obtain about you in connection with your household’s participation in the Panel, and we are committed to providing you with reasonable access to personal data about you and the ability to review and limit the use of such data in accordance with applicable law.

        While personal data about you remains identifiable, you have the right to ask for confirmation of whether or not we hold personal data about you and to access such personal data. You also have the right to ask that we correct that personal data, subject to some exceptions, and to request we attach a statement of correction to personal information of the correction sought but not made. You may update your profile information at any time. You may also contact the Privacy Officer at to update personal data we hold about you or gain access to personal data about you. You will need to verify your identity and specify what information you wish to access or correct. If we cannot provide you with access to that information or cannot correct such information, we will provide you with written notice explaining the reasons for such refusal.

        If you have concerns about our privacy practices you may contact the Privacy Officer using the details listed above. The Privacy Officer will try to resolve it. In New Zealand, Nielsen operates under two legal entities: A.C. Nielsen (N.Z) ULC and AGB Nielsen Media Research (New Zealand) Limited. You can find out more about us at

        7. CHILDREN’S DATA

        We generally seek to collect data about every member of households participating in the Panel, including children. We also understand the importance of protecting children’s privacy. A parent or legal guardian must contract via the Panel Membership Agreement on behalf of each child in the household in order for us to process the child’s personal data. We will handle all personal data relating to both adults and children of any age up to 18 years (following authorization from a parent or legal guardian) in accordance with this Privacy Notice.

        8. DATA SECURITY

        We have in place reasonable organizational, technical, and administrative measures that are designed to protect personal data about you from loss, misuse, and unauthorized access, disclosure, destruction, and other forms of unlawful processing while it is under our control. However, please be aware that the storage and transfer of data cannot always be one-hundred percent secure.


        We will retain your data for as long as needed for the fulfillment of the purposes described in this Privacy Notice, unless applicable law or professional or legal obligations requires a longer retention period.


        We reserve the right to update and make changes to this Privacy Notice and to our practices in collecting and handling personal data from time-to-time. If we were to make a material change (the kind of change to the way we use personal data that might make you reconsider your participation), we will notify you and we will provide you with a copy at least 30 days prior to its implementation, giving you time to resign from the panel if you want. You may view the currently effective privacy notice at any time from by visiting the Panel member Website or by calling us on our toll free number and requesting a copy.

        The most current version of this Privacy Notice will always be available on the Website. We encourage you to visit the Website periodically to remain informed about how we are using and protecting personal data about you.

        12. CONTACTING US

        If you have questions about the Panel, please contact your Nielsen Representative at: Freecall Helpline 0800 102 141

        If you have questions about this Privacy Notice or our data handling practices, please email the Nielsen privacy mailbox at: privacy.department@nielsen.comthe New Zealand privacy mailbox at,or write us.

        This Privacy Notice replaces any other statement, whether written or oral, made to you about our practices with respect to Nielsen’s collection and use of personal data about you in connection with the Panel and/or the Website.


        Nielsen Holdings plc (NYSE: NLSN) is a global performance management company that provides a comprehensive understanding of what consumers Watch and Buy. Nielsen's Watch segment provides media and advertising clients with Total Audience measurement services across all devices where content - video, audio and text - is consumed. The Buy segment offers consumer packaged goods manufacturers and retailers the industry's only global view of retail performance measurement. By integrating information from its Watch and Buy segments and other data sources, Nielsen provides its clients with both world-class measurement as well as analytics that help improve performance. Nielsen, an S&P 500 company, has operations in over 100 countries that cover more than 90 percent of the world's population. For more information, please visit

        Nielsen Homescan Panel Membership Agreement

        Dear Panel Member,

        Thank you for being a member of our Nielsen panel. Our panels form an important part of how we and the wider Nielsen group of companies provide outstanding worldwide market research, information, and analysis. We are grateful to you and the other members of your household for taking part.

        Nielsen is among the world’s leading media and market research companies. Our goal is to provide exceptional data and insights regarding what consumers watch, listen to, and buy. Companies rely on Nielsen’s insights to make business-critical decisions regarding their Internet and media advertising strategies as well as their products and services. Reliability and trustworthiness of our insights as well as the data and people on which they are based, therefore, is crucially important for us.

        We are making some changes to the Nielsen Consumer Panel Membership Agreement (the “Agreement”), which governs your household’s participation in our panel and establishes our mutual rights and obligations. Given the importance of protecting our panelists’ personal data, we have included detailed information about what personal data we collect and what we do with it in an annex to this agreement, the Nielsen Consumer Panel Privacy Notice (the “Privacy Notice”), which can be found here at the panel member website.

        Under the Agreement, you will act as a Household Representative on behalf of all members of your household. It will be your responsibility to (i) ensure that all of the other members of your household understand that Nielsen will be collecting or otherwise obtaining data relating to them and your household; (ii) make the Privacy Notice available to them.

        We encourage you to carefully read through these documents to ensure that you are happy with the changes we are making. If you are, please click on “I accept” in the banner above.

        If you or any of your household members do not agree with the terms of the Agreement (including the Privacy Notice), please contact us, as this may affect your ongoing membership. If you have any questions or concerns or would like to discuss these changes, please contact your Nielsen Representative via our freecall Helpline on 0800 102 141 or email

        Best regards,

        The Nielsen Team

        Nielsen Consumer Panel Membership Agreement

        This Nielsen Consumer Panel Membership Agreement, including the Nielsen Consumer Panel Privacy Notice (the “Privacy Notice”), which is expressly incorporated herein (collectively, this "Agreement"), governs your household’s participation in the Nielsen Consumer Panel (the “Panel”) and establishes our mutual rights and obligations. The purpose of this Agreement is to allow Nielsen to perform market research activities using data from or about you and, where applicable, other members of your household. Our processing of personal data is necessary for the performance of this Agreement.

        Parties: Parties to this Agreement are you and the other household members you represent (“You” or “Your”), and ACNielsen (NZ) ULC Level 3 Nielsen Building 129 Hurstmere Road Takapuna Auckland 0740 part of the Nielsen group of companies ("Nielsen", “We”, or “Us”). You can find more information about the Nielsen group of companies at operating-entities.html

        Our commitments

        • We will collect and use the personal data we obtain from or about You, including through Your use of a handheld barcode scanner and cradle that we provide You with (our “Data Collection Equipment”) and/or the Nielsen Consumer Panel mobile application (the “App”) that You install on Your smartphone or mobile device (“Device”) in accordance with all applicable laws and as described in this Agreement (including the Privacy Notice) and the App’s privacy notice.

        • We will not use your personal data to advertise, promote, or market goods or services directly to You, and we do not allow our clients to market directly to You.

        • In the context of Your participation in the Panel, we may contact You to perform initial or additional surveys. We guarantee that Your participation in such surveys will always be voluntary. These surveys will be carried out by pen and paper, email, or other electronic means.

        • We may offer You, at our discretion, certain gifts and/or other incentives.

        Your Commitments

        You expressly represent and warrant:

        • That You are at least eighteen (18) years of age and competent to enter into the contract.

        • That You are the owner or an authorized user of any Device onto which You allow the downloading of the App.

        • That You represent all of Your household members and have made the Privacy Notice available to them.

        • That all data You provide directly to Nielsen is complete and accurate and You will confirm its accuracy or update it from time to time as requested by Nielsen.

        • That You will use our Data Collection Equipment and/or the App in accordance with its intended use and technical specifications, enable Nielsen to provide patches or upgrades to our Data Collection Equipment as needed and cooperate with our investigation and remedial actions in the event of any type of incident affecting our Data Collection Equipment. You, and other members of your household and/or visitors, agree not to modify or harm our Data Collection Equipment in any way (including in any manner which might affect our data collection). Our Data Collection Equipment is provided by Nielsen without cost to You, but you remain responsible for keeping it plugged in or charged in order to enable its operation.

        • That You acknowledge and agree that the personal data that we collect from You directly or otherwise obtain in connection with Your participation in the Panel can be transferred from your country of residence to Nielsen’s service providers (including other entities within the Nielsen group of companies) based outside of New Zealand, including in the United States, India, and other locations where Nielsen does business.

        • That You accept that we may change all aspects of the Homescan panel at any time and at our discretion. This includes our incentive scheme, scanning processes, compliance requirements, survey eligibility, the amount of information needed from you and more. Depending on the scale of the change, Nielsen will inform you via written correspondence.

        Participation: You will be one in a select group of households across New Zealand participating in the Panel. You will receive instructions from Your Nielsen Representative on Your role in providing data or assisting Us in our data collection.

        Confidentiality: To ensure the statistical accuracy of Nielsen’s data, which is one of the express purposes of this Agreement, by participating in the Panel, You agree that You will not disclose Your participation to anyone directly involved in the manufacture, marketing, or retail of consumer packaged goods and not reveal in any manner on the Internet, personal web pages, chat rooms, or any other medium that You are a current member of or previously participated in the Panel.

        Gifts: You may be eligible to receive periodic gifts/incentives in consideration for Your ongoing participation in the Panel. You can request more information about this from Your Nielsen Representative.

        Equipment: In connection with Your participation in the Panel, we primarily collect data through our Data Collection Equipment provided to you by Us. We will also collect data through the App if you download and install it on Your Device.

        Data: Data from our Data Collection Equipment is automatically transmitted to us multiple times each week.

        If at any point Your participation in the Panel ends, You agree to return our Data Collection Equipment or to safely dispose of it if requested by Us.

        Exclusion of Guarantee: Except to the extent that such exclusion is prohibited under applicable law, our Data Collection Equipment is supplied "as is," without any guarantee of any sort, express or implicit, in particular without any implicit guarantee of quality or suitability to a specific use. You assume all of the risks ensuing from the use or from the installation and use of our Data Collection Equipment and Your participation in the Panel.

        Limitation of Liability: To the extent permitted by applicable law, We or our suppliers or partners may not be held liable for any damages, of any nature whatsoever (including but not limited to any indirect or consequential loss, loss of profits, interruption of activity, loss of data, or any other financial loss) resulting from the use of or the impossibility of using our Data Collection Equipment or by virtue of Your participation in the Panel.

        Nothing in this Agreement shall have the effect of limiting or excluding liability: (a) in the event of death or personal injury to the extent resulting directly from Nielsen’s willful or negligent act or omission or any of its employees or agents; or (b) to the extent resulting from any fraudulent misrepresentation on the part of Nielsen.

        Nielsen Property: We own our Data Collection Equipment and You may use it only for the purpose of participating in the Panel. You may not: (a) decompile, reverse engineer, or disassemble it;

        (b) distribute or dispose of it, unless explicitly asked by Us to dispose of it (such disposal must be done in a safe manner);

        (c) permit the use of it outside of Your home;

        (d)modify it;

        (e) remove any proprietary or copyright notice from it.

        Nielsen also is the holder of other intellectual property rights as protected by the copyright laws and international treaties (e.g., trademarks, patents, logos, and service marks displayed in the context of Your panel membership, including the names of all promotions (collectively, the "Trademarks")). You are only entitled to use the Trademarks as explicitly mentioned in this Agreement. Your misuse of any of the Trademarks or trade names is strictly prohibited. You are also advised that Nielsen will actively enforce its intellectual property rights to the fullest extent permitted by law, including the seeking of criminal prosecution, where appropriate.

        Personal Data: Under this Agreement, Nielsen will process Your personal data, which is protected under international, and New Zealand data protection laws (e.g., The New Zealand Privacy Act 1993. We obtain data directly from You (e.g., Your personal details, contact details, and demographic information), indirectly through our Data Collection Equipment and/or the App, and from certain third parties (e.g., data providers and data-matching service providers). An explanation of what personal data We collect and how We process it is set out in the Privacy Notice, which also contains information on Your legal rights as a data subject and how You can apply these in practice. We may amend the Privacy Notice from time to time and will notify You in advance of any material changes coming into effect. The most current version of the Privacy Notice will always be available here at the panel website.

        Term and cancellation: This Agreement enters into force upon acceptance and will continue as long as our Data Collection Equipment is installed in Your home and/or the App is installed on Your Device. If You would like to cancel Your membership for any reason, You can do so by contacting Us, returning our Data Collection Equipment, and/or uninstalling the App from Your Device. You may request that Nielsen permanently remove your personal data at any time.

        Nielsen reserves the right to cancel Your participation in the Panel at any time and for any reason, in its sole discretion. In particular, but without limitation, in the event of any unauthorized, fraudulent, or otherwise improper use of our Data Collection Equipment.

        This Agreement is personal to You, and as such, the rights or obligations hereunder cannot be transferred, without the prior written approval of Nielsen. Nielsen may transfer this Agreement and its rights and obligations hereunder, to any third party without Your approval or notice to You.

        This Agreement is governed by and shall be construed in accordance with, the laws of New Zealand.

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