Other policies related to the use of the LifePoints App include:
1. LIFEPOINTS APP USAGE
1.1 Purpose of the LifePoints App. The LifePoints App is made available to you by Lightspeed, LLC (“Lightspeed”), with its principal offices located at 3 Mountainview Road, Suite 300, Warren, New Jersey 07059-6711, USA (“Lightspeed”). The purpose of the App is to allow members of the Panels to monetize their data, their opinions, and their time in a safe and fair value exchange. Only members of the Panels are authorized to use the App.
As long as you comply with this Agreement, Lightspeed hereby grants you a revocable, non-exclusive, non-transferable, limited, right and license to download the LifePoints App for your own limited, personal, non-commercial and lawful use on your mobile device, provided that such use is subject to, and in accordance with, these Terms. The LifePoints App and all content within it is made available to you on a limited licence basis, and all rights and title in and to the App and all content within it not expressly granted under these Terms are expressly reserved to us and/or the applicable licensor.
YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE APPLICATION THROUGH YOUR WIRELESS DEVICE.
1.3 Access Termination. We may suspend or terminate your account and/or suspend our service to you if we have a reasonable belief that it is being used in connection with fraudulent activity, or if you breach the Terms in any way or for any other reason we determine in our sole discretion. Both you and we may also suspend or terminate your access to our service at any time with or without notice. In addition, you have no rights in your user name, you may not transfer or sell your user name, and we reserve the right to change your user name at any time. If you lose your Panel membership, your access to the LifePoints App will automatically be blocked.
Upon such termination, you should uninstall all copies of the LifePoints App on your device. You can disable the LifePoints App at any time by following the steps below:
(a) On iPhone – press and hold the application until an “X” appears in the left hand corner of the icon. Select the “X” to delete the application.
(b) On Android – go to Settings, Apps or Applications, select the LifePoints application and then select “Uninstall”.
1.4 Intellectual Property. You must not remove or alter any trademark, logo, copyright and other proprietary notices, legends, symbols, or labels contained within the LifePoints App. Neither the LifePoints App nor any part of or content within it may be distributed, reproduced, modified, transmitted, reused, re-posted or used for public or commercial purposes without Lightspeed’s prior written permission. The foregoing terms shall survive any cancellation or termination of these Terms.
1.5 App Compatibility. Use of the LifePoints App is subject to your mobile device complying with our minimum standard technical specification and compatibility notice. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the LifePoints App from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).
2. PRIVACY & DATA COLLECTED THROUGH THE LIFEPOINTS APP
2.2 Specifically, once you have installed the LifePoints App, Lightspeed will collect both Personal Information and non-Personal Information.
2.3 Personal Information includes your name, email address, password, mobile phone number and your Device ID. Your postcode will also be collected.
2.4 Non-Personal Information includes your device specifications such as time zone on the device, device brand, device type, operating system, UDID on iPhone only, IDFA and iOS name on iPhone only. It also includes your geo-location if you have agreed to share this data with Lightspeed. By using the LifePoints App, you understand and agree that Lightspeed will integrate with third parties to for instance deliver a service through the LifePoints App or give Lightspeed access to analytics to understand the way you use the LifePoints App. These third party services will also collect non-Personal Information.
2.5 Lightspeed works with third party providers for optimization of your app experiences. The trusted partners allow us to collect and analyze Lightspeed panel members’ behavior within the LifePoints app and at registration to create the most seamless user experience possible. Further, with your use of the LifePoints App, you have agreed that, our trusted device detection solution provider, Device Atlas, may collect the following non-Personal Information to provide us with the ability to better analyse web traffic and content for mobile audiences across a variety of connected environments:
- Device Name
- Operating System
- Web Browser
3. COOKIES & ASSOCIATED TRACKING METHODS
3.1. We may collect certain information in part through the use of a technology called a “cookie.” A cookie is a small text file that is saved to your device using your browser, which allows sites to recognise you and store preferences and other information if you return to the site using the same device and browser.
3.2. We use temporary session cookies during the download and registration process to correctly identify the Panel that you have joined, enable the creation of a unique, anonymous identifier and to trigger the download process.
3.4. You may remove cookies and/or control their operation by adjusting your browser settings. Please visit the ‘help’ section of your browser for more information.
3.5. We may also collect certain information through the usage of cookies, cached objects, mobile device IDs and some other tracking methods. Although you are initially opting into these methods by downloading the LifePoints App, you may visit the LifePoints App ‘Settings’ tab “Ad Related Research” at any time where we provide you with the opportunity to adjust your preferences, remove your consent should you wish to do so, and find out more about this research program.
3.6. When using certain aspects of the LifePoints App like taking surveys, you may be directed to our website(s). These websites will sue specific types of cookies required for website security, functionality and optimization. You can find out more about these cookies and the “Ad Related Research” cookies by visiting our cookie page.
4. SECURITY, WARRANTY AND LIABILITY
4.1 Security of Your Data. We protect the privacy and integrity of the information collected from you by employing appropriate administrative protocols, technical safeguards, and physical security controls designed to limit access, detect and prevent the unauthorized access, improper disclosure, alteration or destruction of the information under our control. For example, your Information is encrypted when stored using AES encryption. Although Lightspeed follows the procedures set forth above to protect the information submitted to us, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.
4.2 Warranty. The LifePoints App and all content, functionality and features within it (the “Materials”) are provided “AS IS“, and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, Lightspeed disclaims all warranties of satisfactory quality and fitness for a particular purpose and that content, information displayed in or on the LifePoints App is accurate, complete up-to-date and/or does not infringe the rights of any third party. Lightspeed does not warrant that the functions contained in the LifePoints App will be uninterrupted or error-free. Unless expressly stated otherwise in this Agreement and to the extent permitted by law, we do not give any other representation, warranty or recourse, express or implied and we hereby exclude all terms, representations and warranties that might otherwise be implied into this Agreement. For the avoidance of doubt, in no event shall Lightspeed be liable for any damages resulting as a result of user’s inability to access or use, Materials and/or information provided utilizing the service due to failure of the user’s device, operating system or user’s inability to access sufficient bandwidth and/or telecommunications connectivity.
4.3 Liability. In no event will Lightspeed be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to (i) loss of goodwill, profits, business interruption, data or other intangible losses, (ii) your inability to use, unauthorized use of, performance or non-performance of its service; (iii) unauthorized access to or tampering with your Personal Information or transmissions, (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in our service or any materials or content obtained through our service; (vi) any transactions entered into through our service, (vii) any property damage including damage to your device by viruses or other harmful components during or on account of access to or use of our service, including any site to which the service provides hyperlinks; or (viii) damages otherwise arising out of your use of our service. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Lightspeed has been advised of the possibility of damages.
5. POLICY UPDATE
5.1 Last update: September 22, 2017.
5.2 Lightspeed reserves the right to change, add or remove terms from this Agreement from time-to-time with prior reasonable notice to members. Lightspeed shall notify you through the LifePoints App of any changes. You should check this page for such changes frequently. Your continued access of the LifePoints App after such changes conclusively demonstrates your acceptance of those changes. Lightspeed is under no obligation to notify you of any changes to this Agreement and recommends you check for any revisions as you use the LifePoints App over time.
If you have any questions regarding this Agreement, please contact Lightspeed by using our support contact form on the LifePoints App.
7.1 This Agreement constitute the entire agreement between you and Lightspeed regarding your use of and access to the LifePoints App.
7.2 This Agreement shall be governed by and construed in accordance with the laws of New York without reference to conflict of laws principles. Any disputes under this Agreement or in relation to any claim or matter arising under or in connection with this Agreement may be brought in the state courts and the Federal courts located in the Borough of Manhattan, New York City, State of New York, and the parties hereby consent to the personal jurisdiction and venue of these courts.
ADDITIONAL TERMS FOR USERS OF APPLE DEVICES
If you have downloaded the LifePoints App via the iTunes Store, the following shall apply:
You acknowledge and agree that these Terms are solely between you and us, not Apple, and that Apple has no responsibility for the LifePoints App. Your use of the LifePoints App must comply with Apple’s App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/us/terms.html. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the LifePoints App. In the event of any failure of the LifePoints App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the LifePoints App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the LifePoints App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the LifePoints App or your possession and/or use of the LifePoints App including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Terms and Conditions and any law applicable to us as provider of the LifePoints App. You acknowledge that, in the event of any third party claim that the LifePoints App or your possession and use of the LifePoints App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of the LifePoints App, and that, upon your acceptance of the these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relate to your license of the LifePoints App against you as a third party beneficiary thereof. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.