Google Screenwise Select Panel Terms & Conditions

Last Updated: 1st May 2018


Version: 3


Please remember that you are agreeing on behalf of yourself and, if applicable, any other participating members of your household who are under the age of 18.

These Google Screenwise Select Panel Terms & Conditions (“Terms”) are entered into by Google LLC (“Google”) and the individual that accepts these terms (“you” or “Panelist”). You agree that your participation in the Google Screenwise Select Panel as offered to you by Google (“Panel”) will be governed by these Terms. Please read these Terms carefully. The Panel is a project undertaken in collaboration between Google and Kantar Media UK Limited (“Kantar”).

1.       Accepting the Terms

1.1.      Before you can accept these Terms, you will be asked to carefully read the Google Screenwise Select Panel Privacy Policy (“Privacy Policy”) and understand how the Privacy Policy governs Google’s ability to collect, store, use, and share the information obtained during your participation in the Panel.

1.2.      In order to participate in the Panel, you must first agree to both these Terms and the Privacy Policy.  You may not participate in the Panel if you do not accept the Terms and the Privacy Policy.  By clicking to accept the Terms below, you agree to the terms of the Privacy Policy as well.

1.3.      You may not accept the Terms if (a) you are under age 18, or (b) you are a person barred from participating in the Panel under the laws of England. Panel participation is limited to residents of the United Kingdom.

1.4.      Each member of your household (other than minors under age 18) that participates in the Panel must separately agree to these Terms and the Privacy Policy.  You agree to supervise the use of the hardware, software, and other panel metering technology (collectively “Meters”) used in connection with the Panel by any members of your household under age 18.

1.5.      You agree to accurately represent the ages of any minor children in your household to Google or its partners (hereafter “Panel Partners,” defined as affiliates and other companies that manage and administer Panels as set forth in the Privacy Policy).  For purposes of these Terms, Kantar is a Panel Partner.

1.6.      These Terms and the Privacy Policy are subject to change from time to time.  We will notify you before any changes to these Terms and the Privacy Policy become effective, in accordance with the notice provisions of Section 2.4 below.  If you do not agree with these changes, you may end your participation in the Panel in accordance with the provisions of Section 8.

1.7.      Google and/or Kantar may ask you to affirmatively acknowledge your acceptance of changes to the Terms and/or Privacy Policy.  Repeated notice of such changes, in combination with your continued participation in the Panel, may be considered the equivalent of your affirmative acceptance of such changes.

2.      Your Participation in the Panel

2.1      You may be required to provide information about yourself, such as identification or contact details.  You agree that any information you provide will be accurate, correct, and up to date.  The collection, storage, use and sharing of your personal information (including when provided during your registration in the Panel) will be governed by the Privacy Policy and any applicable terms and policies agreed upon by you and a Panel Partner (including Kantar).

2.2      You may be asked to create a meter authentication account as part of your participation in the Panel.  Your meter authentication account may be a Google Account.  Failure to create a meter authentication account upon request may be grounds for termination pursuant to Section 8 below.

2.3      You may be asked from time to time to log in to your meter authentication account (or accounts).  This will help ensure that the meter authentication account information associated with your Panel account is up to date and accurate.

2.4      You agree that Google and its Panel Partners (including Kantar) may provide you with notices by email, regular mail, or postings on Meters.

2.5      You agree that Google or its Panel Partners may send you communications related to your participation in the Panel, including incentive opportunities, questionnaires, and surveys.

2.6      Google or its Panel Partners may provide incentives or other rewards to you in connection with your participation in the Panel.  These incentives are subject to change from time to time without prior notice to you.  Google and its Panel Partners reserve the right to withhold payment for good cause.

2.7      Employees of Google or its Panel Partners are prohibited from participating in the Panel.  You acknowledge that you are not a Google employee (or an employee of a Panel Partner) and you agree that nothing in these Terms creates an employee relationship with either Google or its Panel Partners, nor are the Terms intended to do so.

2.8      The Panel and Meters may contain information that is designated confidential by Google or its Panel Partners and you agree that you will not disclose that information without prior written consent.

3.      Your Use of Metering Technology

3.1      Google and its Panel Partners (including Kantar) will provide you with Meters to observe and record your use of digital media.  Your use of these Meters is subject to these Terms and to any applicable terms between you and Google’s Panel Partners (including Kantar’s terms).

3.2      You will use the Meters only for purposes of the Panel and in accordance with applicable law.

3.3      You will not access, use, or attempt to access or use any of the Meters other than through the interface provided by Google or its Panel Partners, unless you have been specifically allowed to do so in a separate agreement with Google or a Panel Partner.

3.4      You agree to follow all instructions provided by Google or its Panel Partners for the installation, maintenance, and use of Meters.

3.5      You will not engage in any activity that interferes with or disrupts the Panel or Meters (or the servers and networks that are connected to the Panel or Meters).

3.6      Unless you have been specifically permitted to do so in a separate agreement with Google or its Panel Partners, you will not reproduce, duplicate, copy, sell, trade, or resell Panel materials or Meters.

3.7      The Meters that you use may automatically download and/or install updates from time to time.  Upon request, you agree to consent to all such updates as soon as practicable.

3.8      Only Panelists (or their minor children over age 13) may use Meters.  Panelists must notify guests or other non-panelists of the presence of Meters and pause metering (e.g., use “Guest” mode) before using a metered device while non-panelists are present.

3.9      Children under age 13 are not permitted to use Meters in any mode that collects the child’s personal information.  You will make best efforts either to prevent children under 13 from using Meters or to ensure they are using Meters in “Guest Mode” or login to the Meters using the login details allocated to the relevant child, which renders the Meter into a similar non-metering state.

3.10      If your device has mobile tethering capability (e.g., a WiFi “hot spot”), you will make best efforts to prevent non-panelists from being metered without their knowledge or consent.  (For example, you will enable password protection in your tethering settings and will not share your password with non-panelists.)

4.      Your Passwords and Account Security

4.1      You are responsible for maintaining the confidentiality of passwords associated with any account you use to participate in the Panel.  You must not share your Panel, Meter, or Google login credentials with others.  You must not allow unauthorised persons to use metered devices (unless they are logged in as “Guests” or a similar state that does not collect the child’s personal information).

4.2      If you become aware of any unauthorised use of your password or of your account, you agree to notify Kantar immediately as set forth in section 8.5.

5.      Content Accessed or Uploaded in Connection with the Panel

5.1      Google is not responsible for (a) any content you may access from websites or applications that are not owned or operated by Google, or otherwise provided by companies or persons other than Google; or (b) content that you submit, post, or display on or through the Meters (“Your Content”).

5.2      You are responsible for Your Content, including by complying with applicable content policies, community guidelines, and/or terms and conditions required by the site upon which you are submitting, posting, or displaying the content.  You hereby license Your Content to Google and its Panel Partners for the limited purpose of performing the required technical steps to provide the Meters to Panelists and to operate the Panel.   Other than this limited license, Google and its Panel Partners obtain no right, title or interest from you (or your licensors) to Your Content, and you are responsible for protecting and enforcing those rights (Google has no obligation to do so on your behalf).

6.      Proprietary Rights

6.1      Google (or Google's licensors) and Kantar own all legal rights, title, and interest in and to the Panel, including any intellectual property rights in the Panel (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

6.2      You will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Meters or other Panel materials.

6.3      Unless you have been expressly authorised to do so in writing by Google or its Panel Partners, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names, or logos.

7.      License from Google

7.1      Subject to these Terms, Google gives you a worldwide, royalty-free, license to use Meters for the sole purpose of enabling you to participate in the Panel to the extent that Google owns or has other rights in such Meters. The license is for your personal use only but Google may grant the same license to others. You may not transfer or share the license to use the Meters with anyone unless you have been expressly authorised to do so in writing by Google. Google may revoke the license at any time on notice.

7.2      You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Meters or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Google or its Panel Partners in writing.

8.      Ending your Participation in the Panel

8.1      These Terms are in force until terminated by either you or Google and/or Kantar as set forth below.

8.2      If you want to terminate your participation in the Panel, you may do so by (a) notifying Google and/or Google’s Panel Partner (such as Kantar) in writing (as set forth in section 8.5 below), and (b) if applicable, closing all accounts used exclusively in connection with your participation in the Panel; or (c) as otherwise specified by Google or Kantar.  Applicable contact information and instructions will be provided to you as part of your participation in the Panel.

8.3      Google and/or Kantar may terminate your participation in the Panel, and the Terms that govern your participation, for any reason and at any time, with notice as set forth in Section 2.4 above.

8.4      Upon termination or expiration of these Terms, you will promptly return to Google and/or Kantar all hardware and software you received from Google or its Panel Partners in connection with the Panel in the manner Google or its Panel Partners specifies (including, for example, uninstalling downloadable software).

8.5      Any notification (including termination of your participation or request to access, modify, or delete personal information) under these Terms must be made by contacting Kantar at Kantar, helpdesk@screenwiseselect.co.uk or freephone 0800 0159920 or such other contact details Kantar may provide for the purpose of notifications from time to time.

8.6      Sections 1, 2.4, 2.7, 3.2-3.6, 6.2, 6.3, 7.2, 8-10, and 12 will survive any termination of these Terms.

9.      EXCLUSION OF WARRANTIES

9.1      Other than as expressly set out in these Terms, neither Google nor its suppliers, distributors, or Panel Partners, make any specific promises about the Panel. For example, we don’t make any commitments about the specific functions of the Meters or their reliability or availability. To the extent permitted by law, we provide the Panels and related materials “as is” and “as available”.

9.2      To the extent permitted by law, we exclude all warranties, representations or other terms which may apply to the Panel or related materials, whether express or implied.

10.      LIMITATION OF LIABILITY

10.1      Google and its subsidiaries and affiliates, including suppliers, distributors, or Panel Partners (collectively, "Google Parties") shall not be liable (whether under contract, tort (including negligence) or otherwise) for: (a) losses that were not caused by our breach of these Terms;  (b) any loss or damage that was not, at the time the relevant contract with You was formed, a reasonably foreseeable consequence of Google breaching these Terms;  (c) losses relating to any business of Yours, loss of profits, or loss of opportunity;  or (d) loss of data, or inability to access data in relation with Your participation in the Panel and your use of Meters.

10.2      Nothing in these Terms is intended to exclude or limit Google's or any Google Party's liability for: (a) death or personal injury;  (b) fraud or fraudulent misrepresentation;  (c) any implied terms as to title which cannot be excluded or limited by law including liability for defective products under the Consumer Protection Act 1987; or (d) any liability that cannot be excluded or limited by law.

10.3      If You are a consumer, nothing in these Terms limits any consumer legal right which may not be waived by contract.

11.      Express Consent to Certain Settings and the Combination of Non-Personally- Identifiable Information and Personal Information

11.1      During your participation in the Panel, you agree not to: (i) opt out of interest-based advertising, remarketing, or other forms of online behavioral advertising, from any browser, application, or device that is connected to a Meter; (ii) employ “do not track” or related features on any browser, application, or device that is connected to a Meter; (iii) employ ad blocking or ad injecting features on any browser, application, or device that is connected to a Meter; or (iv) turn off location reporting services, location history services, or other location-related features on any device that is connected to a Meter.  If you carry out such activity, you may be prompted to change your settings.  Failure to change your settings upon request may result in termination of your participation in the Panel pursuant to Section 8 above.

11.2      Both during and after your participation in the Panel, you agree that Google may combine non-personally-identifiable information with your personal data, including the combination of Google’s anonymous advertising cookies (e.g., the DoubleClick cookie) with your personal data.

12.      General Legal Terms

12.1      Sometimes when you participate in the Panel you may (as a result of, or through your participation in the Panel) use a service or product, or download a piece of software, that is provided by another person or company. Your use of these other services, products and software may be subject to separate terms between you and the company or person concerned.  If so, these Terms do not affect your legal relationship with these other companies or individuals.

12.2      You agree that you are solely responsible for (and subject to Section 10.2 that Google and its suppliers, distributors and Panel Partners have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which Google may suffer) of any such breach.

12.3      These Terms constitute the whole legal agreement between you and Google and govern your participation in the Panel (but excluding any services that Google may provide to you under a separate written agreement), and completely replace any prior agreements between you and Google in relation to the Panel.

12.4      Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under these Terms.

12.5      Each of the subsections of these Terms operates separately. If any term (or part of a term) of these Terms is invalid, illegal, or unenforceable, the rest of the Terms will remain in effect.

12.6      Each member of the group of companies of which Google is the parent will be third-party beneficiaries to these Terms and those other companies will be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favor of) them.  Other than this, no other person or company will be third-party beneficiaries to the Terms unless otherwise agreed in writing.

12.7      These Terms do not confer any benefits on any third party unless they expressly state that they do.

12.8      These Terms are governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute (contractual or non-contractual) concerning these Terms or the Panel save that either party may apply to any court for an injunction or other relief to protect its Intellectual Property Rights. These Terms and all communications between us will be in English.

12.9      Google LLC is registered under the laws of California and with its principal place of business at 1600 Amphitheatre Parkway Mountain View, CA 94043, California, USA.