All advertisements, creative works, and other materials used in any advertisement placed through Nativo’s Platform must comply with all applicable laws, rules, and regulations. Though by no means an exhaustive list of such laws, rules, and regulations, reference is made to the Federal Trade Commission’s (“FTC”) regulations, its "Enforcement Policy Statement On Deceptively Formatted Advertisements", and its supplemental guidelines, "Native Advertising: A Guide For Businesses".
While Nativo requires its Advertisers to comply with all laws, rules, and regulations, the content of an advertisement is the Advertiser’s responsibility, and by placing the advertisement, the Advertiser assumes all liability for and arising from the advertisement, the content thereof, any software code (e.g., pixels, tags, JavaScript) placed by or at the Advertiser’s direction in association therewith, and the website(s) to which the advertisement is linked. Nativo will not be responsible for ensuring compliance with laws, rules, and regulations, although Nativo reserves the right to require Advertisers to submit documentation affirming such compliance. Adherence to these Guidelines is not necessarily sufficient to comply with all laws, rules, and regulations. These Guidelines are not intended as legal advice, and Nativo encourages Advertisers and their partners and/or affiliates to consult with legal counsel.
Truth-in-Advertising
Advertisers shall be upfront and honest and provide consumers with all material information needed to make informed decisions. Advertisers shall not make false, misleading, and/or unrealistic claims about their company, services, the costs associated with those services, and/or the results that consumers, publishers, and/or any other party can expect. In particular, consumers should not be misled, whether through any express or implied representation, into believing that advertising and/or promotional messages are independent, impartial, or not from the sponsoring advertiser itself.
This includes, but is not limited to, prohibiting the following:
Harassing, Abusive, or Untrustworthy Tactics
Advertisers shall not use harassing, abusive, and/or untrustworthy tactics with consumers, publishers, and/or any other party.
This includes, but is not limited to, prohibiting the following:
Nativo Platform Generated Links.
The Advertiser shall only generate advertisement links via Nativo’s Platform (each a “Link”) for: (1) its internal use; or (2) organic social media posts. For clarity, Advertiser shall not use or upload a Link in any other advertising platform outside of Nativo’s Platform or in any paid social media post. Nativo may remove or disable any Link that it has knowledge or becomes aware, or reasonably believes is in violation of the foregoing requirements.
Hyperlinks. When a hyperlink is otherwise appropriate for non-integral disclosures (e.g., other terms and conditions), it should be labeled clearly, conspicuously, and in proximity to the advertisement, such that a consumer is aware both that the link is related to that particular advertisement and of the nature of the information to be found by clicking on the hyperlink.
Business or Product Registration Requirements. Some countries require that a business or product be registered with a local authority before an Advertiser is eligible to advertise.
Regulated Products & Services. A variety of restrictions may apply to an Advertiser’s products and/or services depending on where in the world the products and/or services is promoted or sold. Advertisers should develop an understanding of any restrictions that apply to the products and/or services that it is promoting.
Trade Sanctions and Restricted Parties. Nativo does not allow promotions that violate applicable government trade sanctions.
Unsupported Content. Nativo may, in its sole discretion, prohibit or limit certain kinds of products and/or services from appearing in any advertisement placed through Nativo’s Platform, even if certain individual businesses appear to comply with its policies.
Consumer Safety. Nativo may, in its sole discretion, prohibit or limit advertisements for products and/or services that it has identified as being prone to abuse by untrustworthy actors, that are of low quality, and/or that pose an unreasonable risk to consumer safety and/or experience.
Use of Advertiser / Third Party Tags. If the Advertiser uses (or instructs Nativo to use on the Advertiser’s behalf) any code and/or related tools, such as cookies, pixels, tags, web beacons or other tracking technology, in the collection of information from individuals in connection with an advertisement, the Advertiser shall abide by (and shall ensure that any third party service providers abide by) all laws, rules, regulations and industry standards regarding how such code and/or related tools are used (including, but not limited to required disclosures and extension of rights to consumers) and how any personal information collected from such code is handled. The Advertiser is responsible for any tags or other tracking technology placed on the Advertiser’s advertisements. If the Advertiser engages a third-party vendor to collect personal information through tracking technology placed on an advertisement, the Advertiser is responsible for such third party’s compliance with applicable laws, rules, regulations and industry standards.
Use of Nativo Tags. If the Advertiser elects to place Nativo’s proprietary code on the Advertiser’s properties for retargeting, conversion, engagement or other purposes, the Advertiser understands that Nativo will collect and process, on the Advertiser’s behalf, personal information from visitors to such properties, including a Cookie ID, IP address, and reference data tied to the Cookie ID, such as pages visited, Ads viewed, frequency of Ads viewed, device and browser type, referring page URL, and actions on the Advertiser’s properties. With respect to any such data that constitutes “Personal Data” subject to the EU General Data Protection Regulation 2016/679 (or any implementing legislation or legislation having equivalent effect in the United Kingdom, Nativo’s Data Processing Addendum shall apply to Nativo’s processing thereof. With respect to any such data that constitutes “Personal Information” subject to the California Consumer Privacy Act, Nativo: (a) will process such Personal Information as a Service Provider, (b) will only use such Personal Information to provide services and perform Nativo’s obligations in accordance with the insertion order or other agreements in place with the Advertiser, or otherwise in accordance with the Advertiser’s instructions, (c) will not sell any such Personal Information, and (d) will not use, retain or disclose such Personal Information outside of the business relationship between the Advertiser and Nativo. The Advertiser agrees to remove any Nativo tags placed on any and all Advertiser properties immediately after the applicable campaign or completion of applicable services by Nativo. The Advertiser shall be solely responsible for any data collection that occurs as a result of the Advertiser’s failure to remove Nativo’s tag from the Advertiser’s properties.
Location Based Targeting. If the Advertiser elects to utilize any location-based targeting features provided by Nativo, the Advertiser understands that such capabilities determine the inferred location of a user based on the user’s IP address collected just before the ad is delivered, and that natural spillage may occur. Any reliance by the Advertiser on location-based targeting features (including, without limitation, by using location-based targeting settings as a means to comply with location-specific laws) is at the Advertiser’s own risk.
Nativo, Inc., and Nativo London Limited.
