Effective: November 3, 2021
PLEASE NOTE: WE’VE UPDATED THESE TERMS AS OF THE DATE ABOVE. IF YOU AGREED TO THE PRIOR VERSION OF THESE TERMS (FOUND HERE), THE UPDATED TERMS WILL BE EFFECTIVE AS OF NOVEMBER 17, 2021.
These Attribution Terms (“Terms”) form a legally binding contract between you and Snap Inc. and its affiliates (“Snap”) and govern the use of the Attribution Program. These Attribution Terms incorporate by reference the Snap Terms of Service and Supplemental Terms and Policies. Some terms used in these Terms are defined in the Snap Terms of Service.
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCEPT AND DO NOT USE THE ATTRIBUTION PROGRAM.
By agreeing to these Terms or by using the Attribution Program or any Conversion Data, you, and any entity on behalf of which you are accepting these Terms, agree to be bound by these Terms, and you represent and warrant that you are an authorized representative with the authority to bind Advertiser to these Terms with Snap.
“Advertiser” means you, or if you are acting on behalf of a different entity, that entity.
“Advertiser App” means Advertiser’s mobile or device application for which App Events will be measured via the Attribution Program.
“App Event” means any event or other action relating to an Advertiser App to be measured via the Attribution Program, including installation events.
“Applicable Law” means applicable laws, statutes, ordinances, rules, public order rules, industry codes, and regulations.
“Attribution” means attributing an App Event to an ad you submitted via the Services.
“Attribution Partner” means the mobile measurement partner authorized by Snap you use to participate in the Attribution Program.
“Attribution Partner Agreement” means the agreement between you and Attribution Partner to access the Attribution Program.
“Attribution Program” means the mobile app tracking services offered by Attribution Partner relating to ads for each Advertiser App placed via the Services.
“Conversion Data” means data that Snap transmits or makes available to you or Attribution Partner in connection with the Attribution Program, and the combination of such data with Event Data or other data collected from the Advertiser Apps.
“Data Subject” means an identified or identifiable household or natural person or household an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Event Data” means data that you provide to Snap directly or via Attribution Partner relating to each Advertiser App, including device level data such as unique device identifiers, app store identifiers, and timestamps relating to each occurrence of an App Event.
“Personal Information” means any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a Data Subject.
“Process(ing)” means any operation or set of operations which is performed on Personal Information or on sets of Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Privacy Standards” means all Applicable Law and industry self-regulatory standards and guidelines relating to privacy and data security, including those promulgated by the United States Federal Trade Commission (with special attention given to the collection, use and disclosure of information from or about a unique user of a website, application or mobile website or the device associated with such user), the California Department of Justice, the Digital Advertising Alliance, the Network Advertising Initiative, and the Interactive Advertising Bureau, as each set of principles may be amended from time to time.
“Supplemental Terms and Policies” means the Community Guidelines, Advertising Policies, Brand Guidelines, any creative and technical specifications set forth by Snap, and all other Snap terms, guidelines, and policies governing your use of the Attribution Program, including terms governing your advertising campaigns submitted via the Services.
“you” means the entity accepting these Terms and any Advertiser on whose behalf that entity is acting.
2. Event Data
You will (or will cause Attribution Partner to) provide Snap with mutually agreed upon Event Data sufficient for Attribution. You agree that Snap may reproduce, compile, match against, combine with other data, use, and take all necessary actions with the Event Data for purposes of Attribution and for providing advertising services. You agree that you and Attribution Partner are authorized and permitted to: (a) transmit to Snap all Event Data, whether previously collected through each Advertiser App during the historical period preceding the date that you first enable the Attribution Program or thereafter; and (b) measure, assist in measuring, analyze, match against, and report on, conversions or actions of end users regarding each Advertiser App.
If the Event Data indicates that the user to whom the Event Data relates is an iOS User and has explicitly opted out or otherwise restricted tracking across apps and websites, then Snap agrees not to link off the user’s device any identifiable user data or device data within that Event Data with any identifiable user data or device data relating to that user collected by Snap’s apps for targeted advertising or advertising measurement purposes. For purposes of these Terms, “iOS User” means an end user of the Advertiser App that accesses the Advertiser App via a version of Apple’s operating software that implements Apple’s AppTrackingTransparency framework (e.g., iOS 14.5+).
3. Conversion Data
a. Snap may use Conversion Data for Attribution and may provide you with metrics and reporting in its sole discretion. Snap may further use Conversion Data for any Snap business purpose, including: (i) optimizing ad targeting; (ii) improving Snap’s systems and the Services; and (iii) providing and creating additional advertising services, including targeting, which may be provided to you via the Services.
b. You may use Conversion Data only on an aggregated and anonymous basis to assess the performance and effectiveness of your advertising campaigns to optimize your advertising campaigns submitted via the Services for each Advertiser App. For clarity, these Terms do not restrict you from independently collecting Event Data from an Advertiser App, or from using such independently collected Event Data in any way, so long as you use Event Data that identifies Snap, directly or indirectly, only as specified in these Terms.
c. You acknowledge and confirm that you are receiving and using Conversion Data in accordance with Section 3(b) above for the benefit of Snap, and that you do not receive any Conversion Data as consideration for such purposes. You will not have or derive any rights or benefits regarding Conversion Data. You must not: (a) sell any Conversion Data, as the term “sell” is defined in the California Consumer Privacy Act of 2018, as amended from time to time (“CCPA”); or (b) collect, retain, use, or disclose any Conversion Data except as necessary to provide the services to Snap as described above. You agree to refrain from taking any action that would cause any transfers of Conversion Data to or from you to qualify as “selling personal information” under the CCPA. If you provide a third party with Conversion Data or access to Conversion Data, or contract any of your rights or obligations under these Terms concerning Conversion Data to a third party, you will enter into a written agreement with each such third party that imposes obligations on the third party that are at least equivalent to those imposed on you under these Terms.
d. You will not share any Conversion Data with any third party, reverse engineer the Conversion Data, or use the Conversion Data for any purpose other than as authorized under these Terms. You will not, and will not allow a third party to, directly or indirectly use Conversion Data: (i) for retargeting a Data Subject or appending data to a profile regarding a Data Subject; (ii) to co-mingle Conversion Data with other data or across advertising campaigns submitted via platforms other than the Services; (iii) to build, create, develop, supplement, or assist with the building, creation, supplementing, or development of, any segments, profiles, or similar records on any Data Subject, device, or browser; (iv) to associate the behavior of any Data Subject, device, or browser with any segment, profile, or similar record, or supplement any such record based on Conversion Data or other information obtained from, or in connection with, the Services; or (v) to associate any Conversion Data with any other Personal Information of a Data Subject.
e. You will implement and maintain an information security program that is consistent with customary industry standards. Such information security program must include secure, effective, stringent, and robust administrative, technical, and physical safeguards, including security measures designed to protect and monitor against: (i) security threats, hazards, theft, and unauthorized access, use, reproduction, disclosure, or modification of Conversion Data; and (ii) loss of Conversion Data.
f. You will destroy all Conversion Data (except with respect to Conversion Data that does not identify Snap or any Data Subject in any way) the sooner of: (i) six months from receipt of such Conversion Data; or (ii) when you no longer have a legitimate business need to retain it.
In addition to the restrictions under the Snap Terms of Service, you must not, and must not authorize or encourage any third party to: (a) use or combine the Services with software offered under an open source license that creates obligations with respect to the Services contrary to these Terms, or purports to grant to any third party any rights to, or immunities under, Snap’s intellectual property or proprietary rights in the Services; (b) gather, access, or otherwise Process any Personal Information via the Services for any purpose without Snap’s prior written consent; (c) transmit any "back door,” “time bomb,” “Trojan Horse,” “worm,” “drop dead device,” “virus,” “spyware,” or “malware,” or any computer code or software routine, which permits unauthorized access to, disables, damages, erases, disrupts, or impairs the normal operation of, or use of the Services, or any products or services provided by a third party in connection with the Services; or (d) sell, resell, rent, lease, transfer, license, sublicense, syndicate, lend, or provide access to (except to individuals you authorize to access and use your accounts) the Services, without Snap’s express prior written approval.
5. Intellectual Property
Other than the licenses and rights explicitly granted in these Terms: (a) nothing in these Terms grants you any right, title, or interest in Snap’s products, services, data, technologies, or other intellectual property; and (b) Snap reserves all rights not expressly granted in these Terms. As between you and Snap, Snap owns all right, title, and interest in the Conversion Data.
6. Representations and Warranties
You represent and warrant that: (a) you and any entity that owns, controls, or is otherwise affiliated with you: (i) are not included on any of the restricted party lists maintained by any relevant government authority, including the United States Specially Designated Nationals List and Foreign Sanctions Evaders List; (ii) are not a resident of, located in, or organized under the laws of, any country with which trade is prohibited by any relevant government authorities or sanctions; and (iii) will not do business with or provide goods or services, directly or indirectly, to anyone on the restricted party lists or to any country with which trade is prohibited by any applicable sanctions; (b) you have the full power and rights to perform your obligations under these Terms; (c) you are an entity validly existing and in good standing under the laws of your jurisdiction of incorporation or organization; (d) all information provided by you via the Attribution Program is complete and accurate in all material respects; (e) you will comply with Applicable Law, applicable self-regulatory standards and guidelines, and iOS and Android platform guidelines (collectively, “Rules”) in your performance under these Terms; (f) you have secured, and will maintain, all necessary rights, licenses, and consents from all Data Subjects whose data is included in Event Data; (g) Event Data will not contain any sensitive information or special category data, as defined in the Rules, including any information that is based on or includes: (i) an alleged or actual commission of a crime; (ii) health information; (iii) information about Data Subjects you have actual knowledge are under the age of 13 (or, if greater than the age of 13, the minimum age at which the Processing of Personal Information of a Data Subject is lawful under Applicable Law); (iv) information about Data Subjects collected from an online service directed to children; or (v) information about a Data Subject’s financial status, racial or ethnic origin, religious beliefs or preferences, sex life or sexual preferences, or trade union membership; (h) you will provide sufficient notice to each Data Subject in compliance with the Rules that the Data Subject’s information collected by you or your agents may be shared with and used by third parties for the purposes specified under these Terms; and (i) you will promptly notify Snap of any actual or threatened complaint relating to Event Data and you will reasonably cooperate with Snap, at your expense, in responding or defending against any such complaint.
If you are using the Attribution Program as agent for another entity, then you represent and warrant that: (aa) you are authorized to, and do, bind that entity to these Terms; and (bb) all of your actions in connection with these Terms are and will be within the scope of the agency relationship between you and that entity, and in accordance with any applicable legal and fiduciary duties. If you are using the Attribution Program as principal in connection with services you provide to another entity, then you represent and warrant that you will procure that such entity will comply with, and you will remain primarily liable for, any obligations ascribed to that entity under these Terms.
You agree, to the extent permitted by Applicable Law, to indemnify, defend, and hold harmless Snap, its affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) due to, arising out of, or relating in any way to: (a) your actual or alleged breach of these Terms; (b) your use of the Attribution Program, or any products or services provided by a third party in connection with the Attribution Program, even if recommended, made available, or approved by Snap; (c) any provision of the Event Data to Snap; (d) any collection of the Event Data; or (e) any use of the Event Data by Snap, provided that such use is in accordance with these Terms.
Snap will promptly notify you in writing of any indemnification claim, but any failure to notify you will not relieve you from any indemnity liability or obligation you may have, except to the extent you are materially prejudiced by that failure. Snap will reasonably cooperate with you, at your expense, in connection with the defense, compromise, or settlement of any indemnification claim. You will not compromise or settle any claim in any manner, nor make any admission of liability, without Snap’s prior written consent, which Snap may provide in its sole discretion. Snap may participate (at its cost) in the defense, compromise, and settlement of the claim with counsel of its own choosing.
8. Warranty Disclaimer
THE CONVERSION DATA PROVIDED BY SNAP, THE SERVICES PROVIDED BY SNAP, AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND (INCLUDING THE RESULTS OF ANY AD CAMPAIGN), EXPRESS, IMPLIED, OR STATUTORY, OR ARISING OUT OF CUSTOM, COURSE OF DEALING OR TRADE USAGE, AND YOUR USE THEREOF IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, SNAP DISCLAIMS ON BEHALF OF ITSELF AND ITS AFFILIATES, ANY AND ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES, INCLUDING ANY WARRANTIES OF TITLE, MERCHANTABILITY, SERVICE QUALITY, PERFORMANCE, ACCURACY, RELIABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE CONVERSION DATA, SERVICE PROVIDED BY SNAP, AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
9. Limitation of Liability
YOU AGREE THAT THE DISCLAIMERS AND LIMITATION OF LIABILITY IN THE SNAP TERMS OF SERVICE APPLY TO YOUR USE OF THE ATTRIBUTION PROGRAM, EXCEPT THAT IN NO EVENT WILL SNAP AND ITS AFFILIATES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE ATTRIBUTION PROGRAM EXCEED THE AMOUNT YOU ALREADY PAID TO SNAP PURSUANT TO THE ORDER FOR THE AD CAMPAIGN THAT GIVES RISE TO SUCH LIABILITY. Your use of products or services provided by a third party in connection with the Attribution Program (including the services provided by Attribution Partner) is at your own risk and is subject to the third-party’s terms. Snap is not liable for any damages or losses incurred by you as a result of your use of those products or services.
Snap may terminate these Terms, and modify, suspend, terminate access to, or discontinue the availability of any Services, at any time in its sole discretion without notice to you. All continuing rights and obligations under these Terms will survive termination of these Terms. Following any expiration or termination of these Terms, you will immediately destroy all Conversion Data in accordance with these Terms.
Notices under these Terms must be in writing and sent: (a) if to Snap, to Snap Inc., 3000 31st Street, Santa Monica, California 90405; with a copy to email@example.com or Snap Inc., 3000 31st Street, Santa Monica, California 90405, Attn: General Counsel; and (b) if to you, to the email address or street address you have provided via the Attribution Partner’s platform, via Snap’s business products and services, or via an Insertion Order, or by posting on the Services or Attribution Partner’s platform. Notices will be deemed given upon personal delivery, upon delivery if by mail, upon valid transmission through email, or 24 hours after the time the notice is posted to the Services or Attribution Partner’s platform.
12. Governing Law; Exclusive Venue; Consent to Jurisdiction; Waiver of Jury Trial
The laws of California, except for its conflict-of-laws principles, govern the Terms and any proceedings arising out of or relating to the Terms or its subject matter, including any tort claims. Any such proceedings will be litigated exclusively in the United States District Court for the Central District of California. If, however, that court would lack original jurisdiction over the litigation, then the dispute will be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Snap consent to personal jurisdiction in both courts. YOU AND SNAP EACH EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY OR AGAINST EITHER PARTY.
a. These Terms do not establish any agency, partnership, or joint venture between you and Snap.
b. In any action arising out of or relating to these Terms or the Attribution Program, the prevailing party will be entitled to recover its reasonable legal fees and costs.
c. Snap will not be required to act, or abstain from action, if such action or abstention would violate Applicable Law, including the anti-boycott laws administered by the United States Department of Commerce and Treasury.
d. References to a Section include all its subsections. The Section headings are for convenience only and will not affect how these Terms are construed. Unless these Terms refer specifically to “business days,” all references to “days” mean calendar days. The words “include,” “includes,” and “including” mean “including without limitation.”
e. Snap may update these Terms at any time. You agree that Snap may notify you of any such updates via email, via posting the updates on the Services, or via another method Snap reasonably selects. You agree to be bound by those updates if you access or use the Attribution Program after those updates become effective. Except as otherwise set forth in these Terms or unless expressly agreed in writing signed by Snap, nothing contained in any purchase order, insertion order, or other agreement will in any way modify, supersede, or add any additional terms or conditions to these Terms.
f. These Terms supersede and replace any terms and conditions or other agreement that you may have previously accepted with respect to the provision of Event Data and use of Conversion Data. If these Terms conflict with the Snap Terms of Service or Supplemental Terms and Policies, then to the extent of the conflict the governing documents will be, in descending order: these Terms, the Supplemental Terms and Policies, and the Snap Terms of Service. If these Terms conflict with the Attribution Partner Agreement, then to the extent of the conflict these Terms will control.
g. You may not assign any part of these Terms, whether by merger, operation of law, consolidation, reorganization, sale of all or substantially all assets or otherwise, without the prior written consent of Snap. Snap may assign these Terms, including all rights and obligations under these Terms, to any of its affiliates.
h. Neither you nor Snap will be responsible for any failure or delay in performance to the extent caused by any event beyond the other party’s reasonable control, except for payments you owe to Snap for ads.
i. If any provision of these Terms are held to be contrary to law, the rest of these Terms will remain in effect.
j. Snap may seek injunctive or other equitable relief for any breach or threatened breach of these Terms by You, in addition to any other legal remedies that may be available.
k. You and Snap confirm that it is each party’s wish that these Terms, as well as related documents, including all notices, be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s’y rattachent, soient rédigés en langue anglaise.