1. Permitted Use of Site
Kantar Shopcom owns or licenses the Site, including the Shopcom Content and the technology underlying the Site (the "Technology"). You may access, download, view, copy and print Shopcom Content for personal, informational, non-commercial purposes provided that you do not alter the Shopcom Content in any way, keeping all copyright and other notices on the Shopcom Content and that you are at least eighteen (18) years of age. Otherwise, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any Shopcom Content or Technology from the Site in whole or in part without the prior written consent of Kantar Shopcom.
Access to certain areas of the Site may be restricted to clients to whom Kantar Shopcom has issued passwords. You are not authorized to access any password-restricted areas unless you have received a password from Kantar Shopcom (or from your employer if your employer has been authorized by Kantar Shopcom to issue such passwords. You may not use another person’s password to access the Site.
2. No Unlawful or Prohibited Use
(a) access or use the Site in any manner that could damage, disable, overburden, or impair any Kantar Shopcom information, products, offerings, services, technology, computer systems or networks;
(b) attempt to gain access to any parts of the Site or Kantar Shopcom's information, products, offerings, services, technology, computer systems or networks that you are not authorized to access;
(c) interfere or attempt to interfere with the proper working of the Site or any Kantar Shopcom accounts, computer systems or networks;
(d) reverse engineer, decompile or dissemble any portion of the Site;
(e) use any robot, spider, scraper or other automated means to access the Site or any Kantar Shopcom accounts, computer systems or networks without Kantar Shopcom's express written permission;
(f) transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's accounts, computer systems or networks; or
(g) upload, email, post, publish, distribute or otherwise transmit any content of whatever nature that: (i) is false or misleading; (ii) is obscene; (iii) is defamatory; (iv) is harassing or invades another's privacy, or promotes bigotry or racism; (v) infringes another's rights, including, but not limited to, intellectual property rights; (vi) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; or (vii) violates any applicable laws. By uploading, emailing, posting, publishing or otherwise transmitting any content, information or material of any type, you automatically grant (or warrant that the owner of such rights has expressly granted) Kantar Shopcom a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sub-licensable right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived. Kantar Shopcom has no obligation to monitor any content that you upload, email, post, publish, distribute or otherwise transmit via the Site. Kantar Shopcom does, however, reserve the right to review all content and to remove any content, at its sole discretion.
3. Termination of Use
You agree that Kantar Shopcom may monitor your activity on the Site and may terminate or limit your access to the Site at any time, for any reason, with or without providing notice to you.
4. Third Party Web Sites, Products and Services
The Site provides links to Web sites and access to content from third parties. These linked sites are not necessarily under Kantar Shopcom’s control. You agree that Kantar Shopcom is not responsible for content provided on third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Kantar Shopcom is not responsible for: (a) the quality, performance or suitability of third party products or services; and/or (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased third party products or services. You agree that Kantar Shopcom is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, ALL CONTENT AND TECHNOLOGY CONTAINED THEREIN AND ANY SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KANTAR SHOPCOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KANTAR SHOPCOM MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, ANY CONTENT OR TECHNOLOGY CONTAINED THEREIN OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS.
THIS SITE CONTAINS CONTENT THAT CONSISTS OF THE RESULTS OF RESEARCH, ANALYSIS AND OPINIONS, UTILIZING METHODS AND PRACTICES THAT KANTAR SHOPCOM DEEMS APPROPRIATE.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. KANTAR SHOPCOM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
KANTAR SHOPCOM RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
6. Limitation of Liability
IN NO EVENT SHALL KANTAR SHOPCOM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, OFFERINGS OR SERVICES DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SITE. IN NO EVENT SHALL KANTAR SHOPCOM'S LIABILITY RELATED TO YOUR USE OF THE SITE EXCEED THE FEES PAID BY YOU IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITE.
8. Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the Content provided on the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Kantar Shopcom outside the U.S.
9. Copyright Policy; Digital Millennium Copyright Act (“DMCA”)
It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Kantar Shopcom Site.
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "DMCA"), Kantar Shopcom has instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA.
If you believe your copyrights are being infringed by a user of the Site, please send an email "Notice of Claimed Infringement" to the attention of Howard Zimmerman, Vice President, Legal at email@example.com. The Notice of Infringement must contain information that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A). Such provisions provide that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
10. Equitable Relief
11. Applicable Laws
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of New York (without reference to the principles of conflicts of laws thereof).
12. Copyright/Trademark Information
Copyright © 2012, Kantar Shopcom, a WPP Group Company. All rights reserved.
Shopcom is a registered trademark of the WPP Group USA, Inc. and/or its affiliates. Other names appearing on the Site may be trademarks of their respective owners.
13. Contact Information
1. What We Collect
Through the Site, we receive data that you and other users actively submit as well as information that We receive from other sources that we track:
Actively Submitted Data – Information that You Give Us: When you request information, subscribe to a mailing list or for a service, respond to an online survey or otherwise actively send us data, we usually collect data such as your name, e-mail address(es), mailing address(es), telephone number(s), and certain information related to the business you represent such as number of employees and industry type. You can opt out of providing such information by not entering it when asked and, if such information is required in order to allow us to respond to your inquiry, you will receive a notice advising you of this. In each such instance, you will know what data we collect through the Site, because you actively submit it.
Combinations: Unless you also actively submit personal information such as your name or address, passively tracked data does not typically allow us to identify you personally (even though it can theoretically be done, we do not have the means or an interest to find out who you are, unless you identify yourself voluntarily through an active submission of data). To the extent permitted by applicable law, we reserve the right to combine passively tracked data with personal data that you actively submit.
2. How We Use Data and Information that We Collect
We collect passively tracked data primarily for purposes of administering, protecting and improving our Site and our systems, to better understand the preferences of our Site visitors, to identify server problems, to compile aggregated statistics about site usage, and to help personalize your experience on our Site. We collect actively submitted data primarily for two purposes: Firstly, for the purpose for which you originally sent us the data (e.g., to provide information to you or sign you up for a free trial); and secondly, for purposes of contacting you to further discuss your interest in our company, the services We provide and ways We can improve them to provide information on services, promotions and events. You can opt out of receiving marketing emails as set forth in Section 4 below.
3. What We Disclose to Third Parties
We reserve the right to disclose data that does not personally identify you without your consent. We also reserve the right to disclose data that personally identifies you without your consent under the following circumstances: (a) the disclosure is required by law or mandatory professional standards; (b) the disclosure is reasonably related to the sale or other disposition of all or part of our business; (c) the information in question is publicly available; (d) the disclosure is reasonably necessary for the establishment of legal claims; or (e) the disclosure is to a Kantar Shopcom affiliate or to persons or entities providing services on our behalf (each, a "Transferee") where the Transferee (i) is subject to legal requirements providing an adequate level of privacy protection (ii) has agreed in writing to provide an adequate level of privacy protection or (iii) subscribes to the principles embodied in the EU Safe Harbor.
In all other instances, we will notify you and give you the opportunity to opt-out as set forth in Section 4 below.
4. Your Right to Opt-Out
If you wish to review your personal data, you may contact Meredith Earley, Executive Assistant at Kantar Shopcom at 203.834.4730. In general, we will honor such requests, but we reserve the right to deny such request under the circumstances set forth in "FAQ 8: Access" as issued by the U.S. Department of Commerce ("FAQ 8"). We also reserve the right to charge a fee, provided it is not excessive.
Once you have access to your personal data, you may amend or delete any information that is inaccurate; provided, however, that We reserve the right to prohibit changes under the circumstances described in FAQ 8.
Transmissions of data or information over the Internet are never 100% secure or error-free. However, we take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.
Cooperation with European Data Protection Authorities. With respect to any dispute involving personal data originating in the European Union that cannot be resolved through our internal processes, We will cooperate with competent European Data Protection Authorities and comply with the advice of such authorities. In the event that We or such authorities determine that We did not comply with this policy, We will take appropriate steps to address any adverse effects and to promote future compliance.
8. Effective Date; Amendments