ShareThis Publisher Terms of Use

DATED 2023-01-01 · VERSION 20230502_rev01 · COMPARED WITH 20230205_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20230205_rev01 to 20230502_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

79	79	6) Your compliance with the Rules. You will comply with all Rules applicable to Your use of the ShareThis Publisher Applications or Services and its collection and sharing of Usage Data with Us for the purposes specified herein. You will obtain all necessary authorizations and Visitor consents, and provide any notices, obtain any consents, and pass-on to ShareThis any user provided choice(s) as required by the Rules for the provision of data to Us or use of the ShareThis Publisher Applications. To that end, YOU must read and be able to pass to ShareThis any applicable global opt-out controls received from Site visitors. For information regarding applicable Vendors and Partners requesting consent visit [https://iabeurope.eu/vendor-list-tcf-v2-0](https://iabeurope.eu/vendor-list-tcf-v2-0/) . For those EU/EEA Visitors, YOU are explicitly PROHIBITED from passing to ShareThis any sensitive data as defined by the Rules or special category data (defined under GDPR as any data revealing racial or ethnic origins, religious or philosophical beliefs, political, biometric, genetic information, or trade union membership). You shall have an easily accessible privacy notice which will be linked to conspicuously from the applicable home page and other relevant pages of the applicable Publisher Site and/or within the applicable applications. The privacy notice shall comply with the requirements of the Rules for notices to Visitors whose data is collected on Publisher Site and provided to ShareThis and third parties for use as contemplated herein. You shall also deploy appropriate privacy notices and/or consent mechanisms (where legally mandated) on Publisher Site in accordance with the Rules, such as banners or overlays, which alert the Visitor to the fact that Publisher Site uses Cookies (including Cookies placed by ShareThis or our partners) and which make clear that the Visitor's continued use of the site will show his or her acceptance of such Cookies. It is essential that You apply the principle of TRANSPARENCY to all Your interactions with Visitors, particularly where required under applicable law.
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81	81	7) Notice and Opt-Out Requirement for Publisher Site. The privacy notice on Your Publisher Site must be an accurate representation of your privacy practices and must enable Visitors to opt out of the collection and use of their data by You and: (i) for U.S. properties, include a link to the DAA opt-out program (currently available at [aboutads.info](http://optout.aboutads.info/)) or the NAI opt out program (currently available at [optout.networkadvertising.org](http://optout.networkadvertising.org/)); (ii) for EU/EEA properties, insert a link to the EDAA opt-out program (currently available at [www.youronlinechoices.eu](http://www.youronlinechoices.eu/)); or (iii) in any other global region, provide a link to the ShareThis Privacy Notice referenced above. If you collect email addresses which are passed to ShareThis in hashed form, you are responsible for disclosing such in the privacy notice on Your Publisher Site. Though You are ultimately bound by the contractual requirements herein, We've also provided a non-legalese communication on Your duties to Publisher Site Visitors below. We provide the following language solely as a courtesy and encourage You to review this language with legal counsel and/or persons with privacy expertise as You incorporate it into Your privacy notice:
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83	83	We may allow third-party companies, including ad networks, ad serving platforms and data brokers, to serve advertisements, conduct analytics, conduct market research, provide other advertising services and/or collect certain information when you visit our website. We authorize those third parties to engage in the following permitted uses of such data: (a) to enable the delivery of targeted advertising; (b) to conduct market research and analytics in order to find meaningful patterns in the data that enables them to draw insights into how web Users generally behave. This may have specific application to companies seeking to better understand the characteristics of their target customer. It also may help hedge funds attempting understanding macro investment trends; (c) for data modeling in order to draw inferences. For example, to create lookalike audiences models; (d) to create modeled segments based off of demographic attributes, (e) to enhance security features or reduce fraud, including ad fraud; and (f) to enhance addressability features that enable a company to recognize the same browser, device and/or user over time. The types of third-party companies that may access this information include: (i) Advertisers and Retailers - companies seeking to better understand their customers so as to more effectively serve customer needs; (ii) Advertising Agencies - companies that purchase advertising on behalf of other companies; (iii) Advertising Technology Companies - companies that enable the delivery of advertising, mostly via digital channels, including demand side platforms, supply side platforms, advertising exchanges and ad servers, (iv) Marketing Technology Companies - companies that enable the delivery of marketing messages via channels such as email and SMS; (v) Data Companies - companies that process data into profiles that enable other companies to market and advertise more effectively; (vi) Professional Services Companies - Companies that provide high level strategy and analytic services; (vii) Security or Fraud Prevention Vendors - Companies that help ensure the security and reliability of their customer's data or infrastructure; and (viii) Investment Firms - Financial services companies and investment firms seeking to better understand how consumers use the Internet. These third-party companies may use pseudonymized personal data (e.g., click stream information, user agent, IP address, browser type, time and date, subject of advertisements clicked or scrolled over) during your visit to this website in order to provide advertisements about goods and services likely to be of interest to you. These companies may use technologies that don't require HTTP cookies or mobile advertising IDs to function and your web browser may not permit you to block the use of these "non-cookie" technologies. As such, browser settings that block cookies may have no effect on such non-cookie techniques. To learn more about Interest-Based Advertising or to opt-out of this type of advertising or certain types of data sales, sharing and/or profiling as required by law, you can visit AboutAds.info/choices or www.networkadvertising.org/choices/."
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85		8) Adherence to Rules. You will not (i) use the ShareThis Publisher Applications or Services on child-directed websites or for the purposes of making decisions about a Visitor's eligibility for employment, health care, credit or insurance, or for making decisions solely by automatic means where the decision has a significant effect on the Visitor, or in any way that does or can be used to discriminate against any person, or promote bigotry, racism or harm; (ii) provide to ShareThis any data that falls under any of the sensitive data and/or special category data definitions contained in the Rules, as they may be revised from time to time; or (iii) provide to ShareThis any data collected from websites directed to children under the age of 16 or from website Visitors whose age You know to be under the age of 16.
	85	8) Adherence to Rules. You will not (i) use the ShareThis Publisher Applications or Services on child-directed websites or for the purposes of making decisions about a Visitor's eligibility for employment, health care, credit or insurance, or for making decisions solely by automatic means where the decision has a significant effect on the Visitor, or in any way that does or can be used to discriminate against any person, or promote bigotry, racism or harm; (ii) provide to ShareThis any data that falls under any of the sensitive data and/or special category data definitions contained in the Rules, as they may be revised from time to time; or (iii) provide to ShareThis any data collected from websites directed to children under the age of 16 or from website Visitors whose age You know to be under the age of 16; or (iv) provide to ShareThis any data collected from websites that are considered "covered entities" under the Health Insurance Portability and Accountability Act, The Health Information Technology for Economic and Clinical Health Act, or similar health privacy act covered under the Rules.
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87	87	9) Transfers of Personal Data. Usage Data may be transferred by ShareThis on a global basis. To the extent that the provision of the ShareThis Publisher Applications involve any transfers of data that is: (i) subject to data transfer restrictions or requirements under GDPR or any successor legislation pursuant to the Rules; (ii) to countries, jurisdictions or recipients which would be restricted or prohibited under the Rules (e.g., transfers of EU personal data outside the EEA to a place not recognized by the European Commission as ensuring an adequate level of protection pursuant to GDPR or any successor legislation; and (iii) not otherwise subject to an approved transfer mechanism that provides an adequate level of protection, the parties shall adopt a legal mechanism for such transfers. To the extent that such transfers involve the transfer of EU, Swiss or UK personal data, such transfers between ShareThis and You are made subject to the terms of the [EU Standard Contractual Clauses for controller to controller](https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en) and the [UK Standard Contractual Clauses for controller to controller](https://ico.org.uk/media/for-organisations/documents/4019483/international-data-transfer-addendum.pdf) (collectively, the "Clauses"), as entered into between ShareThis (acting in its own name and in the name and on behalf of its affiliates) and You (acting in Your own name and in the name and on behalf of Your affiliates). ShareThis and You agree that incorporation of the Clauses into this Terms shall act as a legally-binding execution of the Clauses.
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89	89	VII. Reserved Rights and Restrictions
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91	91	1) Reserved Rights. The content and software offered by or through the ShareThis Publisher Applications and Our Website are owned by Us, our suppliers and/or third parties who post or make available such materials. The ShareThis Applications and Our Website are protected by copyright and other intellectual property laws and treaties. We and our licensors reserve all rights not specifically granted to You.