Last Updated July 1, 2013
Atlas Solutions, LLC (“Atlas”) is a part of Facebook. Atlas’ line of services helps companies such as advertising agencies and advertisers deliver efficient, profitable digital marketing programs. Atlas does not review, edit, censor, or take responsibility for any content served using its ad serving technology. In order to prevent misuse, whether intentional or inadvertent, of Atlas technology, Atlas requires that third party users of its technology review the following acceptable use terms and conditions carefully and comply with the following restrictions.
What this Acceptable Use Policy Covers
The Acceptable Use Policy is intended to apply to all users of Atlas technology and provides restrictions covering 1) general restrictions for all Atlas Users; 2) Use of the Ads Choices Logo 3) terms governing the use of Atlas Universal Action Tag or Atlas Action Tags; 4) terms governing all parties who receive access to data obtained via Atlas Action Tags or Atlas Universal Action Tags; and 5) terms applicable to the use of Atlas APIs and/or Atlas Technology Partner Alliance and Atlas+ Enterprise integrations with non-Atlas third party technologies.
1. General Restrictions for All Atlas Users:
Unacceptable Content – Atlas technology may not be used to display, distribute, link to, or otherwise make available content which is obscene or pornographic, which is unlawful, which encourages or incites any unlawful activity, which is defamatory to any group or individual, infringes or misappropriates the intellectual property rights of others or is otherwise, in the sole discretion of Atlas considered unacceptable.
Intellectual Property Violations – Atlas technology may not be used in connection with any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets and patents.
Children – Atlas technology must be used in accordance with the Children’s Online Privacy Protection Act (“COPPA”) and the Federal Trade Commission’s Children’s Online Privacy Protection Act Rule (“COPPA Rule”). Atlas technology may not be used to collect personal information on websites directed to children under the age of 13 or from individuals known to be under the age of 13, except as permissible by law and provided you have notified Atlas in advance.
Spam – Atlas technology may not be used in connection with any unsolicited commercial email that does not fully comply with applicable law, including the CAN SPAM Act of 2003.
Spyware – Atlas technology may not be used in connection with any downloadable application that is downloaded without notice and consent, or which collects personal information from the user without notice and consent. Further, Atlas technology may not be used to download any type of unauthorized or unlawful program to any computer, or to link a user to a website or other destination intended to download such software.
Access – Unless Atlas provides written permission, no user may grant access to the Atlas products or technology to any person or entity which is not expressly allowed such access pursuant to the terms of the user’s agreement with Atlas to use Atlas services. Under no circumstances may any user license or sell any use of or access to the Atlas technology.
Other Prohibited Activities – Atlas technology may not be used to engage in or promote activities that are determined to be illegal, including advertising illegal sweepstakes or pyramid schemes, fraudulently charging credit cards, pirating software, creating or distributing viruses or worms, or any other activity that Atlas in its sole discretion determines to be harmful to its operation, reputation, client relationships, or those of any of its clients, partners, and affiliates.
2. Use of the AdChoices Logo: AdChoices is a program established by various industry associations (DMA, AAAA, IAB, including the IAB Europe, NAI, and others) that gives consumers enhanced notice and choices regarding collection and use of information for online behavioral advertising, and provides the opportunity for end users to opt out of targeted advertising. Atlas participates in the AdChoices program as part of the cross-industry Self-Regulatory Program for Online Behavioral Advertising in order to promote consumer privacy.
It is the obligation of advertisers to comply with industry-wide self-regulatory OBA obligations when using Atlas technology, including Atlas Audience Messaging. Advertisers using Atlas technology must provide notice to users regarding the collection or use of their data in order to deliver behaviorally targeted ads. For our advertisers’ convenience, Atlas makes the AdChoices logo feature available in the Media Console. Alternatively, advertising customers are free to use a third party vendor of their choice to fulfill their OBA enhanced notice obligations.
3. Use of Atlas Action Tags or Atlas Universal Action Tags :
Atlas requires all advertising customers using the Atlas Universal Action Tag (UAT) or Atlas Action Tag(s) on their websites to agree and confirm that they have provided appropriate and sufficiently prominent notice to and obtained the appropriate consent from their users regarding the collection and use of information by third parties for Online Behavioral Advertising purposes, and specifically how the UAT enables this collection of information by third parties, in a manner that is compliant with applicable laws, regulations, and self-regulatory industry standards. Such notice should, at a minimum, (1) inform users about the collection of information about visitors to your site by all third parties, including Atlas and other third parties whose tags you may have added to the Atlas UAT used on your site (2) link to an opt-out mechanism(s) at the Network Advertising Initiative at http://www.networkadvertising.org, or the Self-Regulatory Program for Behavioral Advertising Consumer Choice Page opt out page located at http://www.AboutAds.info or any successor page approved by Atlas, and (3) provide notice of the collection of data in a manner that complies with all applicable regulatory or self-regulatory requirements for all ads that contain Atlas Action Tag data or Atlas or Facebook proprietary data. For advertising customers operating in Europe, such industry opt out page is provided at http://www.youronlinechoices.com/. For all other geographies, you should follow similar localized laws, regulations, and other self-regulatory industry requirements governing notice and choice.
Atlas Universal Action Tags or Atlas Action Tags must not be used by advertisers, their agencies, or their partners to obtain personally identifiable information of end users.
If you are an advertising agency or advertising partner, you should ensure that your advertising clients comply with the above obligations.
Such disclosures are required not only by our standard contractual terms, but also by the Self-Regulatory Principles of Online Behavioral Advertising adopted by the American Association of Advertising Agencies (AAAA), Association of National Advertisers (ANA), Counsel of Better Business Bureaus (CBBB), Direct Marketing Association (DMA) and Interactive Advertising Bureau (IAB) and the self-regulatory Online Behavioral Advertising Framework (OBA) created by the IAB Europe and a coalition representing over 100 media, technology, agency, and advertiser representatives requires third party ad networks, exchanges and service providers.
4. Parties receiving data through Atlas Action Tags or Universal Action Tags (“UAT”) UAT Partners and the Industry Opt-Out Page:
Atlas requires all UAT Partners who wish to use data collected via Atlas’ Universal Action Tags technology for Online Behavioral Advertising (OBA) to certify their compliance with the Self-Regulatory Principles of Behavioral Guidelines, which includes the requirement to be listed on an industry opt-out page, such as the Network Advertising Initiative at http://www.networkadvertising.org, the Self- Regulatory Program for Behavioral Advertising Consumer Choice opt out page located at http://www.AboutAds.info or any successor page approved by Atlas. For UAT Partners operating outside of the United States and Canada, similar localized laws, regulations, and self-regulatory industry requirements governing notice and choice apply to the extent applicable. If a UAT Partner is not listed on an industry opt-out page, then that UAT Partner must not use data collected via UATs for online behavioral advertising.
The purpose of this policy is not only to make it easier for end users to receive notice and have choice regarding the use of information concerning them, but also to make it easier for advertisers to update their own websites’ privacy policies less frequently and provide centralized opt out links for their end users.
Sequential Tagging Restrictions UAT Partners using the Atlas’ Universal Action Tag technology must not append any third party action tags (also known as pixels or beacons) to Atlas Action Tags, or use other methods to collect or share data accessed by Atlas Action Tags (i.e., ‘Sequential Tagging”) unless UAT Partner takes responsibility for these parties and must do the following:
1. UAT Partner must give written notice of the Sequential Tagging to the applicable advertisers that have selected the UAT Partner to receive Atlas Action Tag data via the Atlas Media Console. Such notice must disclose that the UAT Partner sequentially tags third parties to its own so that the third party may also receive Atlas Action Tag data. Further, the notice must include a reminder to advertisers that they are required to disclose this collection and use in their privacy policies and provide an opt out or consent mechanism where required for all third parties collecting and using data from their sites for OBA purposes by linking to industry opt-out pages, such as the Network Advertising Initiative at http://www.networkadvertising.org, or the Self- Regulatory Program for Behavioral Advertising Consumer Choice opt out page located at http://www.AboutAds.info.
2. UAT Partners are also responsible for ensuring that all subcontractors or other downstream entities they choose to sequentially ping comply with this Acceptable Use Policy, which includes without limitation, to the extent these parties use UAT data for behavioral targeting purposes, they too are in compliance with Self-Regulatory Program for Behavioral Advertising Guidelines and Industry Opt-Out Page requirements. Further, they should be bound to comply with similar applicable restrictions as those found it in its own UAT agreement with Atlas Solutions, LLC.
Atlas reserves the right to audit UAT Partners at its sole discretion and require them to certify to compliance with this Acceptable Use Policy. In addition to any other remedies available, failure to comply with this Acceptable Use Policy may result in UAT Partner suspension and/or termination of UAT Partner’s access to the UAT Program.
Atlas Customer Acknowledgement of Risk: Atlas is committed to providing Atlas advertising customers with a UAT Program that is aligned with self-regulating industry best practices; however, Atlas cannot guarantee or promise that all UAT Partners will always abide by these Acceptable Use terms and conditions. Atlas strongly advises its advertising customers to periodically review the UAT placed on their sites and the UAT Partners they have selected to gain access to their Atlas Action Tag data and ensure that they are in compliance with self-regulatory best practices.
Advertisers and Agencies Use of Tags from Uncertified Suppliers.
Atlas may also provide advertisers and agency customers with the ability to append, or “piggyback”, an action tag provided by uncertified internet service providers (“Uncertified Supplier”) on the Atlas UAT in place on its clients website(s), so that such Uncertified Suppliers may collect data. Such Uncertified Suppliers are outside of the standard UAT Program, are not treated as UAT Partners and are governed by separate terms and conditions between Atlas and advertiser customers. Atlas customers acknowledge that use of the Universal Action Tags for piggybacking of Uncertified Suppliers involves unique data, security, and privacy risks. Atlas agency customers further acknowledge and agree that they will educate each of their advertising clients on these risks, and obtain their advertising clients’ consent to proceed prior to piggybacking Uncertified Suppliers onto Universal Action Tags on their advertising client(s) website(s). ATLAS DOES NOT REVIEW THE PRIVACY POLICIES AND PRACTICES OF UNCERTIFIED SUPPLIERS AND EXPRESSLY DISCLAIMS ANY WARRANTIES (EXPRESS OR IMPLIED) OR RESPONSIBILITY FOR THE USE, SECURITY, PERFORMANCE, AND SUPPORT OF UNCERTIFIED SUPPLIERS OR DATA COLLECTED THROUGH THEIR TAGS. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE YOUR WEBSITES WHICH PIGGYBACK ON ATLAS UNIVERSAL ACTION TAGS MAINTAIN POSTED PRIVACY POLICIES WHICH PROMINENTLY AND CLEARLY DISCLOSE AND OBTAIN NECESSARY CONSENT FOR THE THIRD PARTY COLLECTION AND USE OF DATA ABOUT USERS ON YOUR WEBSITES AND PROVIDES USERS WITH THE ABILITY TO OPT-OUT OF ANY ONLINE BEHAVIORAL ADVERTISING IN COMPLIANCE WITH SECTIONS 2 AND 3 OF THIS ACCEPTABLE USE POLICY.
5. Use of Atlas APIs and/or Atlas Partner Alliance and Atlas+ Enterprise integrations:
At the request of our advertising customers, Atlas may enable Atlas technology or Atlas Media Console user interfaces to integrate with the technology or user interfaces of third parties through Atlas APIs. These integrations may be marketed under the Atlas Partner Alliance (“APA”) program or the Atlas+ Enterprise program and may enable advertising customers to transfer their own campaign related data between Atlas and third-party systems.
1. Data Transfers. APA and Atlas+ Enterprise companies may have the ability to access “Atlas Client Data” through the use of Partner’s tools or user interfaces or Atlas APIs. APA and Atlas+ Enterprise companies may also provide the ability for Atlas customers to import a variety advertising campaign related data from APA and Atlas+ Enterprise companies in to the Atlas Media Console. Unless otherwise notified, Atlas will treat any Atlas customer data received via APA or Atlas+ Enterprise company integrations as “Atlas Client Data,” as defined under the parties’ Agreement. Atlas customers acknowledge and agree that APA and Atlas+ Enterprise companies may maintain different data retention or other policies than those contained in the Atlas customer Agreement with Atlas Solutions, LLC. Atlas is not responsible for controlling subsequent data use and retention by such third parties, including without limitation APA and Atlas+ Enterprise companies after the Atlas customer has shared Atlas Client Data with others.
2. Access to Universal Action Tags. At Atlas customers’ sole discretion, Atlas customers may elect to give APA companies access to their Atlas Action Tag data through the use of the UAT Program. Atlas customers understand that the APA companies may include entities such as Rich Media or Dynamic Creative Companies, Demand Side Platforms or Exchanges, or SEMs and are different than traditional advertising networks (typically called Partner Networks or Tagging Networks under the UAT Program). Atlas requires all APA companies to abide the same UAT Program terms and conditions as other UAT members.
3. Access. Atlas customers are solely responsible for managing permissions for access to their accounts, whether through APA or Atlas+ Enterprise companies or via the Atlas Media Console. Atlas is not responsible for any loss of Atlas Client Data due to Atlas customer’s management of access permissions.
4. Disclaimer of warranties regarding APA and Atlas+ Enterprise technologies. Atlas customers’ use of third-party technology or products belonging to APA and Atlas+ Enterprise companies or other third parties is done at their own risk. Atlas provides no warranty, express or implied, and assumes no responsibilities regarding APA or Atlas+ Enterprise companies related technologies or products. Atlas expressly disclaims all other express, implied, or statutory warranties with regard to APA or Atlas+ Enterprise company technologies or products. This includes disclaimers of warranties of merchantability, fitness for a particular purpose, title and non-infringement or any warranties related to uptime or lack of errors.
This policy may be updated from time to time at Atlas’ sole discretion.