Facebook Introduces Offline Events on Ads Manager

When using Facebook’s Offline Conversions beta (“OC”), you will upload to Facebook your data (“Sales Data”) for Facebook to measure the impact of your advertising campaigns on your product sales and to build targeting audiences and optimize ad performance. Without limiting any agreement between you and Facebook, by clicking “I accept” or by passing to Facebook the Sales Data, you agree to the following: Sales Data will consist of user identifying information (“User Information”) and non-personally identifiable sales transaction information for that user (“Sales Transactions”). You or your service provider must hash User Information in a manner specified by Facebook before you transmit it to Facebook. Facebook will then match the User Information against Facebook’s active user IDs and combine the user IDs with corresponding Sales Transactions (“Matched Data”). Facebook will delete the User Information after the match process. Facebook will not share the Sales Data you provide to us for OC with third parties or other advertisers. Facebook will maintain the confidentiality and security of the Sales Data, including by maintaining appropriate organizational, technical and physical safeguards that are designed to (a) protect the security and integrity of the Sales Data while they are within Facebook’s systems and (b) guard against the accidental or unauthorized access, use, alteration, or disclosure of Sales Data within Facebook’s systems. Further, Facebook will not give access to your Sales Data to third parties or other advertisers, unless we have your permission or are required to do so by law. By analyzing the Matched Data and unmatched Sales Transactions (“Unmatched Data”), Facebook will share with you reports of the impact of your advertising campaigns on your product sales (“Reports”), and Facebook grants to you a non-exclusive and non-transferable right and license to use the Reports for your internal business purposes only and solely on an aggregated and anonymous basis for measurement purposes. If you select a target audience (e.g. via Facebook’s Custom Audiences) and run ad campaigns against one or more test groups within that target audience while withholding such ad campaigns from a control group within that target audience, Facebook will also use Matched Data and Unmatched Data to provide lift analysis in the Reports. You will not disclose the Reports, or any portion thereof, to any third party, unless otherwise agreed to in writing by Facebook. Facebook will not disclose the Reports, or any portion thereof, to any third party without your written permission, but Facebook may disclose the Reports on aggregated basis if: (i) such Reports are aggregated with other reports or return-on-ad-spend data from four or more third parties; and (ii) your identifying information is removed from the aggregated Reports. In its sole discretion, Facebook may also allow you to create targeting audiences consisting of Facebook user IDs that may be grouped together by common Sales Transactions or other attributes (“Offline Transaction Audiences”) that you may use for Facebook ad campaigns. All terms that apply to Facebook ad campaigns will apply to your use of Offline Transaction Audiences, excluding the Custom Audience Terms (currently available at https://www.facebook.com/ads/manage/customaudiences/tos). In its sole discretion, Facebook may also allow you to share Offline Transaction Audiences with other advertisers for Facebook ad campaigns. Subject to its Data Policy (currently available at: https://www.facebook.com/full_data_use_policy), Facebook may use Matched Data for research, development, and product improvement purposes, including to better target ads and to optimize its systems. In connection with ad targeting and optimization, Facebook will: (i) use Matched Data for ads optimization only after aggregating such Matched Data with other data collected from other advertisers or otherwise collected on Facebook; and (ii) not allow other advertisers or third parties to target advertising solely on the basis of Matched Data. Facebook may modify, suspend or terminate access to, or discontinue the availability of OC at any time. You may discontinue your use of OC at any time. Subject to these Terms, Facebook may retain the Matched Data and Unmatched Data for a maximum of two years. Facebook will retain Offline Transaction Audiences until you delete them via your account tools. You represent and warrant that you (or your data provider) have provided appropriate notice explaining use of Sales Data for OC to and secured any necessary consent regarding such use from the data subjects, including as needed to comply with all applicable laws, regulations, and industry guidelines. You represent and warrant that you have all necessary rights and permissions to use the Sales Data. You represent and warrant that the Sales Data do not relate to any data subject who has exercised an option that you have, directly or indirectly, committed to honoring or otherwise provided to opt out of having that Sales Data used by you or on your behalf for OC. If a data subject makes an opt-out request after you have used the Sales Data from that data subject for OC, you will immediately remove that data subject’s sales data from the Sales Data through your account tools. You further represent and warrant that: (1) without limiting your independent obligations, you have complied and will comply with all guidance (if any) provided by Facebook regarding notices, consents, and other best practices related to processing of Sales Data (provided that Facebook has no obligation to provide such guidance); (2) you will notify Facebook promptly in writing of any actual or threatened complaint or challenge related to processing of data under these Terms and will cooperate with Facebook in responding to such complaint or challenge; (3) you have kept and will keep full and accurate records of all notices to and consents from data subjects that are related to processing of data for OC (including without limitation details of the wording of the consent, its date and time, and the relevant circumstances in which it was obtained), and will provide such information to Facebook promptly on request; (4) the Sales Data are accurate (unless Facebook has agreed otherwise); (5) the Sales Data will not include any “sensitive personal data” as defined by applicable law, including without limitation any health or financial information; and (6) you will, to the extent reasonably possible, remove from the Sales Data any categories of personal data that Facebook notifies you to remove. If you are using the Sales Data on behalf of a third party, you also represent and warrant that you have the authority as agent to such third party to use such data on its behalf and bind such third party to these Terms. Because OC is still in a testing phase, it is more likely to contain errors. Without limiting the generality of any disclaimers in the SRR, Atlas provides OC “as is” and “as available” and is not obligated to correct errors, correct the effects of errors (including recovering lost data or compensating you for lost data), or provide any technical support. You will: (a) record and report all problems, issues, ideas, feedback, and suggestions for enhancements to OC (“Program Results”) to us on a timely basis; (b) not disclose to any third party the Program Results; and (c) assign and hereby assign to FB all right, title, and interest in and to any Program Results without any right to compensation. You may not use OC unless you are an advertiser (or agency acting on behalf of an advertiser) or have obtained express, written permission from Facebook. These Terms govern your provision of the Sales Data to us and your use of OC. They do not replace any terms applicable to your purchase of advertising inventory from Facebook (including but not limited to the Facebook Advertising Policies at https://www.facebook.com/policies/ads), and such terms will continue to apply to your ad campaigns. OC is part of “Facebook” under Facebook’s Statement of Rights and Responsibilities (https://www.facebook.com/legal/terms, the “SRR”), and your use of OC is deemed part of your use of and actions on “Facebook.” In the event of any express conflict between these Terms and the SRR, these Terms will govern solely with respect to your use of OC and solely to the extent of the conflict. Facebook reserves the right to monitor or audit your compliance with these Terms and to update these Terms from time to time. Nothing in these Terms will prevent Facebook from making such disclosures to its users related to OC as it may be advised are appropriate or required under applicable law, compiling and disclosing information related to the performance of OC, or retaining or using data in aggregated or anonymized form to create statistical analyses or improve its services To the extent that you are established in the European Union and the Sales Data contain personal data relating to an individual, the parties acknowledge and agree for purposes of Report creation that you are the data controller in respect of such personal data, and Facebook, Inc. may process such personal data as your data processor. For purposes of Report creation, Facebook, Inc. will only process such personal data on your behalf and in accordance with your instructions, including these Terms and any instructions you may provide via your account tools. You hereby acknowledges and agree that Facebook Ireland Limited may act as a sub-processor for and on behalf of Facebook, Inc., for the purpose of fulfilling Facebook’s obligations under these Terms. “Personal data,” “data controller,” and “data processor” in this paragraph have the meanings set out in EU Directive 95/46/EC.