The Kantar Retail Global Retail Databases and Related Kantar Retail Content (collectively, the "Kantar Retail Content") include extensive information and data on the most significant retailers around the world and is updated daily by our team of research analysts. The Kantar Retail Website (www.kantarretailiq.com) contains the Kantar Retail Content, as well as data and information residing on the websites of the Kantar Retail legacy businesses (Management Ventures, Inc. and Retail Forward, Inc.) and incorporates our research and analysis and the expert analysis of the industry trade press, including Wall Street analysts, developers, logistics specialists, and important members of the vendor community.
Sources include: Kantar Retail Research, World Bank, International Monetary Fund, Economist Intelligence Unit, Barclays Bank of England, World Economic Outlook, www.census.gov, The Global Growth Outlook, International Financial Statistics Yearbook, Index of Economic Freedom, The Europa World Yearbook (Volume I and II), retailer websites, annual reports, and other public documents.
DISCLAIMER, USE RESTRICTIONS AND LIMITATION OF LIABILITY
By accessing the Kantar Retail Global Retail Database, User acknowledges and agrees that the information accessed by User consists, in part, of research, analysis and opinions utilizing methods and practices which Kantar Retail deems appropriate. Sources of information may be beyond Kantar Retail’s control. Kantar Retail will make reasonable efforts to verify the accuracy and completeness of the information, and will make reasonable efforts to correct errors in the information.
KANTAR RETAIL MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, OR ANY OTHER REPRESENTATION OR WARRANTY. IN NO EVENT SHALL KANTAR RETAIL BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE (i) FOR ANY LOST PROFITS, (ii) FOR ANY LOSS OR REPLACEMENT OF DATA FILES THAT ARE LOST OR DAMAGED, OR (iii) FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, ARISING OUT OF THE DELIVERY OR USE OF THE INFORMATION, EVEN IF KANTAR RETAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All Kantar Retail employees adhere to the following standards and research practices:
- Kantar Retail research and analysis are performed using information that resides in the public domain. Information provided to, or acquired by, Kantar Retail that is not in the public domain will not be reported.
- Wherever possible, Kantar Retail seeks to verify facts through multiple sources and/or through personal observations.
- All printed material will be edited either by Kantar Retail senior management or peer reviewers prior to publication.
- Wherever possible, research subjects (especially retailer “partners”) will be given the opportunity to review Kantar Retail work prior to its publication to verify accuracy.
- When communicating an opinion (i.e., “Kantar Retail Interpretation”), the Company will declare it as such.
- Kantar Retail will provide only “studied POV” (points of view) and will avoid speculative opinions.
- Kantar Retail will keep its submissions focused on the Company’s (individual) areas of expertise.
- Kantar Retail will not disclose any information that relates to particular clients or their specific practices.
- Kantar Retail senior management must approve responses to non-client inquiries.
Company Protections Agreement
Each regular full-time employee, as a condition of employment with the Company, signs an “Employee Statement Regarding Intellectual Property, Confidentiality, Competition and Related Matters” ( the “Employee Statement”). In general terms, the Employee Statement addresses the following business objectives, which have been identified as critical to the Company’s success:
- to protect the Company’s intellectual property and confidential information
- to ensure compliance with all Company policies, practices and procedures (including those relating to standards of conduct governing client services)
- to prohibit individuals from engaging in competitive activities during and after the employment period.
1. Permitted Use of Site
Kantar Retail owns or licenses the Site, including the Kantar Retail Content and the technology underlying the Site (the "Technology"). You may access, download, view, copy and print Kantar Retail Content for personal, informational, non-commercial purposes provided that you do not alter the Kantar Retail Content in any way, keeping all copyright and other notices on the Kantar Retail 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 Kantar Retail Content or Technology from the Site in whole or in part without the prior written consent of Kantar Retail.
Access to certain areas of the Site may be restricted to clients to whom Kantar Retail has issued passwords. You are not authorized to access any password-restricted areas unless you have received a password from Kantar Retail (or from your employer if your employer has been authorized by Kantar Retail 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 Retail information, products, offerings, services, technology, computer systems or networks;
(b) attempt to gain access to any parts of the Site or Kantar Retail'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 Retail 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 Retail accounts, computer systems or networks without Kantar Retail'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 Retail 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 Retail has no obligation to monitor any content that you upload, email, post, publish, distribute or otherwise transmit via the Site. Kantar Retail 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 Retail 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 Retail’s control. You agree that Kantar Retail 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 Retail 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 Retail 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 RETAIL 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 RETAIL 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 RETAIL DEEMS APPROPRIATE.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. KANTAR RETAIL 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 RETAIL 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 RETAIL 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 RETAIL'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 Retail 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 Retail Site.
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "DMCA"), Kantar Retail 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 © 2016, Kantar Retail LLC, a WPP Group Company. All rights reserved.
Kantar Retail 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