Parties (“you”) that provide MediaMath, Inc. (“MediaMath”, “we”, “us”) with audience data (“Segments”) or make use of MediaMath technologies or services, including the TerminalOne® (T1) platform (the “Platform”) to process Pixel Data or Segments are subject to the following policies (“Policies”). We reserve the right to change or modify any portion of these Policies at any time by updating the Policies on our website. Please periodically visit this page to review the current Policies so you are aware of any revisions to which you are bound.

 

General Requirements

  • Your provision of Segments to MediaMath or processing of Pixel Data or Segments via MediaMath technologies or services must comply with all applicable laws, regulations, and self-regulatory group guidelines, including but not limited to the Network Advertising Initiative (“NAI”) 2018 Code of Conduct (including any related official guidance provided by the NAI such as the NAI 2015 Guidance on Determining Whether Location is Imprecise), the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising and Application of Self-Regulatory Principles to the Mobile Environment (including any related official guidance provided by the DAA such as the DAA’s Application of the Self-Regulatory Principles of Transparency and Control to Data Used Across Devices), the Interactive Advertising Bureau (“IAB”) Europe EU Framework for Online Behavioral Advertising, the Australian Digital Advertising Alliance (“ADAA”) Best Practice Guideline for Online Behavioural Advertising, and the Asia-Pacific Economic Cooperation (“APEC”) Privacy Framework, regardless of your membership status with any of these organizations.

 

  • These requirements apply to all Pixel Data and Segments, regardless of the data sources or methodologies used to populate them, including but not limited to the following, or data derived from the following:
    • Behavioral, interest, in-market, inferred, modeled, or lookalike data
    • Declared, volunteered, or public data
    • Keyword-based data such as contextual keywords or search retargeting
    • Location-based data
    • Pixels or segments populated using offline data, CRM data, receipts and transactions, and similar sources
    • IP addresses, including IP addresses associated with specific users or households and IP addresses associated with organizations

 

Prohibited Segments

You are prohibited from providing to MediaMath the following Segments and from processing the following Pixel Data or Segments via MediaMath technologies or services.

This is not a complete list of all possible Prohibited Pixel Data or Segments. In addition to the categories listed here, you are prohibited from providing Pixel Data or Segments based on or derived from data that is identified as sensitive, a “special category”, or high-risk, or that is similarly differentiated in applicable laws or self-regulatory group guidelines.

 

Category Description and Examples
Abuse You may not provide Segments or process Pixel Data or Segments based on or derived from known or inferred information related to physical, mental, or sexual abuse.
Caretakers of individuals with special needs You may not provide Segments or process Pixel Data or Segments designed to contain users who are, or for whom there is a reasonable expectation may be, caretakers of individuals with special needs. This includes but is not limited to Segments that contain parents of children with special needs or developmental disorders, individuals caring for people with Alzheimer’s or similar disorders, and individuals with an interest in special education.
Children You may not knowingly provide Segments or process Pixel Data or Segments that contain users who are, or for whom there is a reasonable expectation may be, children as defined in the applicable laws in the jurisdictions where the users are located when you collect data about them. For purposes of this prohibition, a child is considered a user under the age of 13 in the United States and a user under the age of 16 in the European Economic Area (“EEA”) unless otherwise specified in the applicable laws in the applicable jurisdictions.

 

You may not provide Segments or process Pixel Data or Segments based on the online activity of a user of digital properties (including websites, emails, and mobile applications) directed at Children (“Child-Directed Digital Properties”).
Criminal records or actions You may not provide Segments or process Pixel Data or Segments based on or derived from criminal records or knowledge or inferences about criminal activity.
EU Special Categories of Personal Data (“EU Special Categories”)

 

See also requirements for Location (below) for additional restrictions.

 “EU Special Categories” has the meaning in Article 9 of the General Data Protection Regulation (Regulation (EU) 2016/679) as well as any additional meanings defined by MediaMath.

 

These prohibitions are applicable to Pixel Data and Segments that contain users in the EEA, including Segments that mix users in the EEA with users not in the EEA. These prohibitions preempt any other prohibitions in this Audience Policy applicable to users in the EEA.

 

Health

You may not provide Segments or process Pixel Data or Segments based on or derived from health, health-related interests or intents, health-related transactions or conversions, health conditions, health treatments, healthcare products or services, medicine, medical treatment, or any other health-related data or information, including inferences or models. Pixel Data or Segments may relate to general health, fitness, nutrition, or well-being but not to specific health conditions, provided that the data used to populate such pixels or segments does not include “genetic data, biometric data for the purpose of uniquely identifying a natural person, [or] data concerning health”.

 

Political Affiliation or Opinions

You may not provide Segments or process Pixel Data or Segments that reveal political affiliation or opinions. Pixel Data or Segments may relate to a general interest in politics provided that the data used to populate such pixels or segments does not reveal political opinions, trade union membership, or other European special categories of data, and they are not based on or derived from known or inferred political affiliations, opinions, beliefs, positions, interests, activities, behaviors, affinity, or voting preferences.

 

Race or Ethnicity

You may not provide Segments or process Pixel Data or Segments based on or derived from known or inferred race, ethnicity, or ethnic origin.

 

Religion or Philosophical Beliefs

 You may not provide Segments or process Pixel Data or Segments that reveal religious or philosophical beliefs. Pixel Data or Segments may relate to a general interest in religion or philosophy provided that the data used to populate such pixels or segments does not reveal religious or philosophical beliefs, or other European special categories of data, and they are not based on or derived from known or inferred religion, religious beliefs, religious affiliation, activities or behaviors related to religion, spiritual practices, or philosophical beliefs.

 

Sex Life or Sexual Orientation

You may not provide Segments or process Pixel Data or Segments concerning, based on, or derived from known or inferred information related to sexuality, sex life, or sexual orientation.

 

Trade Union Membership or Affiliation

 You may not provide Segments or process Pixel Data or Segments concerning, based on, or derived from known or inferred trade union membership or affiliation.
·        Genetic or biometric data You may not provide Segments or process Pixel Data or Segments based on or derived from known or inferred genetic or biometric information.
·        Location You may not provide Segments or process Pixel Data or Segments based on or derived from any of the following locations

Locations designed for children, such as:

  • Day care centers
  • Family entertainment venues that are predominantly directed at children, such as waterparks, amusement parks, or zoos (e.g., Sesame Place). Theme parks that are adult-directed (e.g., Six Flags, Dorney Park, Sea World, and Disney) are acceptable provided that you are able to demonstrate that the overwhelming majority of the users associated with the Pixel Data or Segment are reasonably expected to be adults. Pixel Data and Segment names may not implicate a child (e.g., “Parents of adventurous kids” is OK but not “Interested in Cinderella”). Such Pixel Data or Segments may not be used as a way to target or otherwise process data about children.
  • Playgrounds
  • Schools below the college level, such as preschools, primary schools, or secondary schools
  • Tutoring and educational services
  • Youth organizations or camps

 

Locations designed for survivors of abuse, such as:

  • Rape crisis centers
  • Women’s shelters

 

Locations associated with pregnancy, sexual health, or Sensitive Health Data, such as:

  • Abortion clinics
  • Alcohol and drug services
  • Cancer treatment centers
  • Cardiology clinics
  • Obstetricians and gynecologists
  • Orthopedic clinics
  • Plastic surgery clinics

 

Locations associated with sexual orientation, such as LGBT centers and venues.

Locations that reveal or imply negative financial status, such as check cashing facilities or payday loan providers.

Locations in any jurisdictions where sanctions imposed by the US Office of Foreign Assets Control (OFAC) would prohibit data collection or advertising. At the time of the publication of this Audience Policy, that list, which OFAC may update from time to time, includes:

  • Crimea
  • Cuba
  • Iran
  • North Korea
  • Sudan
  • Syria

 

Pixel Data or Segments that contain users in the EEA may not be based on or derived from locations associated with EU Special Categories, such as:

  • Churches, mosques, synagogues, or temples
  • Ethnic clubs or associations or ethnic events
  • Health-related facilities, clinics, or hospitals
  • Kosher or Halāl retailers
  • Political rallies or demonstrations
  • Trade union offices, labor-related events, or picket lines

 
Sensitive Health Data

 

 

 You may not provide Segments or process Pixel Data or Segments based on or derived from Sensitive Health Data. Sensitive Health Data includes:

1.      Information about any past, present, or potential future health or medical conditions or treatments, including genetic, genomic, and family medical history, based on, obtained, or derived from pharmaceutical prescriptions or medical records, treatment records, health insurance transactions, or similar health or medical sources that provide actual knowledge of a condition or treatment (the source is sensitive).

2.      Information, including inferences, about sensitive health or medical conditions or treatments, including, but not limited to, all types of cancer, mental health-related conditions, and sexually transmitted diseases (the condition or treatment is sensitive regardless of the source). The relevant factors in determining whether a health condition is sensitive include:

•        The seriousness of the condition

•        How narrowly the condition is defined

•        Its prevalence

•        Whether it is something that an average person would consider to be particularly private in nature

•        Whether it is treated by over-the-counter or prescription medications

•        Whether it can be treated by modifications in lifestyle as opposed to medical intervention

 

Examples of sensitive health conditions include:

•        Cancer

•        Drug addiction

•        Menopause

•        Mental health related conditions, including:

       ◦     Alzheimer’s

       ◦     Anorexia/bulimia

       ◦     Depression

       ◦     Generalized anxiety disorder

       ◦     Schizophrenia

•        Pregnancy termination

•        Sexual dysfunction

•        Sexually transmitted diseases

 

3.      Any condition or treatment in the following categories:

•        Diabetes

•        Disabilities and physical impairment

•        Early pregnancy

•        Pregnancy complications or loss, including high-risk pregnancy

•        Private or potentially embarrassing disorders or dysfunctions such as bladder or bowel disorders, genital or anal disorders, hair loss, hormone therapy, or premenstrual syndrome

•       Rare illnesses

•       Serious illnesses and diseases, such as genetic or hereditary diseases, heart disease, life-threatening disorders, organ diseases, spinal disorders, or stroke

•        Sexual health, including contraception, fertility or infertility, and sexual disorders

•        Sexually transmitted diseases

4.      Any condition or treatment that MediaMath at its sole discretion classifies as sensitive.

 

Exception: Clients may outside of the EEA place MediaMath pixels on Digital Properties related to sensitive health conditions for Ad Delivery and Reporting (“ADR”) as defined under the NAI Code.

 
Sexual Orientation

 

 

 

 

 You may not provide Segments or process Pixel Data or Segments based on or derived from known or inferred sexual orientation, or otherwise related to sexual orientation.

 

 

Restricted Segments

You may have to obtain the user’s opt-in consent in conjunction with the provisioning of Segments or processing of Pixel Data or Segments via MediaMath technologies or services to MediaMath or to other entities through the use of MediaMath technologies or services. Where MediaMath requires that you obtain the user’s opt-in consent, MediaMath must review and approve your consent mechanism before any applicable Pixel Data or Segment is transferred to MediaMath or to other entities. Your consent mechanism must obtain affirmative opt-in consent from all applicable users for (a) the collection, processing, and disclosure of the data for Interest-Based Advertising (“IBA”), Cross-App Advertising (“CAA”), Retargeting (“Retargeting”), and targeting ads based on offline user data (“User-Matched Ads”), as applicable, and (b) disclosure of the data to third parties.

 

Location Precise Location Data (“Precise Location Data”) is information that describes the precise geographic location of a device derived through any technology that is capable of determining with reasonable specificity the actual physical location of a person or device. Examples of Precise Location Data include:

  • A user’s GPS-level latitude-longitude coordinates (often based on information received from a user’s mobile device)
  • Location information based on Wi-Fi triangulation
  • A user’s presence at a specific location, street address, or landmark
  • High-precision postal codes (e.g. ZIP+4),
  • Any location or combination of locations having a geographic area smaller than 785,398 meters² (the area of a circle with a radius of 500 meters).

 

You may not provide Segments or process Pixel Data or Segments based on or derived from storing, saving, logging, or otherwise retaining over time Precise Location Data, including but not limited to location histories, without obtaining the user’s opt-in consent. This applies even if the Segments provided to MediaMath target imprecise locations.

Segments in the MediaMath platform, regardless of the data used to create them, should not be based on or derived from a geographic area smaller than 785,398 meters² (the area of a circle with a radius of 500 meters). In some cases, MediaMath can make an exception based on population density or other factors. If you would like to request an exception, please ask your partner manager to initiate a review.
Personal Directory Data Use of Personal Directory Data, including calendar, address book, phone/text log, or photo/video data (including any associated metadata), or similar data created by a user that is stored on or accessed through a device requires a user’s opt-in consent.
Sensor Information Use of Sensor Information, including camera, microphone, biometric, or similar data that is collected from one or more sensors on a user’s device, requires a user’s opt-in consent.
Viewed Content Viewed Content Information is data about the video content viewed on a television. Collection of all, or substantially all, Viewed Content Information from a television requires a user’s opt-in consent.

 

Transparency with Consumers

MediaMath will respond to requests from individuals related to any Pixel Data or Segments, including by disclosing or deleting Pixel Data or Segments, without the obligation to notify you. Upon request, you will cooperate in good faith as necessary to respond to such requests.

 

Syncing Restrictions

Where MediaMath initiates an ID sync (cookie sync) or other call to you from a consumer’s browser:

  • You will only use the data available to you as specified by your agreement with MediaMath.
  • You will not use the opportunity to initiate a sync with a third party or otherwise make data available to a third party.

 

Data Delivery

Insofar as you provide Segments to MediaMath, you will adhere to MediaMath’s Data Delivery Requirements.

 

 

Last Revised:  March 20, 2019