ShareThis Publisher Terms of Use

DATED 2020-10-19 · VERSION 20201103_rev01 · COMPARED WITH 20200927_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20200927_rev01 to 20201103_rev01

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

3	3	YOUR AFFIRMATIVE ACT OF ACCESSING, USING OR REGISTERING FOR ANY SHARETHIS PUBLISHER APPLICATIONS AND SERVICES SIGNIFIES YOUR AGREEMENT TO THE FOLLOWING TERMS ("Terms"). YOU AGREE THAT THESE TERMS HAVE THE SAME EFFECT AS A CONTRACT SIGNED IN WRITING.
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5	5	WE URGE YOU TO READ THOSE REVISED TERMS OF USE AS SOON AS POSSIBLE. FOR THOSE OF YOU WHO ARE EITHER BASED IN THE EUROPE UNION/EUROPEAN ECONOMIC AREA AND/OR RECEIVE EUROPEAN WEB TRAFFIC, THESE UPDATED TERMS OF USE TAKE INTO ACCOUNT THE REGULATORY FRAMEWORK IN EUROPE (GENERAL DATA PROTECTION REGULATION "GDPR") IMPLEMENTED IN THE EU/EEA ON MAY 25TH2018) AND EXPLAIN SHARETHIS' POSITION, LEGAL BASIS FOR PROCESSING AND GENERAL APPROACH TO THE GDPR.
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7	7	You may not sign-up or use the ShareThis Publisher Applications or Services (described below) if You do not agree.
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9		Updated July 21, 2020
	9	Updated October 19, 2020
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13	13	I. About ShareThis Publisher Applications
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15	15	A publisher ("You" or "Publisher") is the owner and/or operator of a website ("Publisher Site") and desires to use ShareThis Publisher Applications as described below on such Publisher Site. ShareThis, Inc. and its affiliates ("We", "Us," or "ShareThis") makes available to Publishers certain code, applications, graphics (including icons), tools, analytics, widgets, plug-ins and proprietary methods and systems that include, without limitation:
47	47	2) License. You grant to Us a non-exclusive, perpetual, royalty-free, worldwide, fully sub-licensable, and irrevocable right and license to:
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49	49	a. Collect, use, create derivative works from, and disclose data derived from the Usage Data via Cookies placed by ShareThis in accordance with our Privacy Notice located at [https://www.sharethis.com/privacy/](https://www.sharethis.com/privacy/)and to allow our third-party data partners to do the same. We may use Usage Data to target advertising toward the Visitors to Your Publisher Site and/or authorize our third-party data partners to do the same.
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51	51	b. Use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Usage Data for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Usage Data into any of Our products or services, and to display, market, sublicense and distribute the Usage Data as incorporated or embedded in any product or service distributed or offered by Us without compensation to You.
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	53	c. Use those Publisher trademarks We deem necessary to identify Publisher ("Licensed Marks") as a Publisher using the ShareThis Publisher Applications. Publisher expressly grants ShareThis the right to publicly identify Publisher as a user of the ShareThis Publisher Applications.
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53	55	3) You also agree to provide appropriate notice to Your Visitors of cookies, including third party Cookies, tracking, interest-based advertising as described below in section VI.7. Such data may be used to provide tailored advertising to Your Visitors. We will give Visitors of Your Publisher Site the ability to opt out certain uses of the Usage Data at any time by going to [https://www.sharethis.com/privacy/](https://www.sharethis.com/privacy/) as well as the opt-out pages for the self-regulatory groups for which ShareThis is a participant.
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55	57	4) Data Ownership. In consideration of Your access and use of the ShareThis Publisher Applications, You agree that We will retain ownership of all data and information collected or obtained by Us from Visitors through our networks of the ShareThis Publisher Applications and We provide any data to You as part of the Services. You own all data that You collect directly from the Visitors of Your Publisher Site.
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57	59	VI. Data Collection, Rights and Publisher Privacy Notices.
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67	69	b. _Market Research Cookies_: We can place on Visitor's browser, or enable one of Our partners to place this Cookie. These Cookies count how frequently a Visitor has accessed Publisher Site and enable the evaluation of the success of particular marketing programs by collecting aggregate data across multiple websites.
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69	71	c. _Targeted Advertising Cookies_: Placed on Visitor's device, it helps Us deliver or enable the delivery of advertising that is customized to the Visitor's interests and to keep track of how many ads the Visitors have seen. For more information, please see Our Privacy Notice.
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71	73	3) We use Usage Data to create commercially viable data products and services that We license to Our trusted third-party partners ("ShareThis Data Products"). Such ShareThis Data Products include, but are not limited to, aggregate demographic and behavioral data segments that group Visitors with common or shared interests into segments that We or Our partners have inferred (e.g., in-market travel) based on some or all of the Usage Data ("Segments") such as demographic, interest, and geographic location derived from a Visitor's IP address. We license portions of the Usage Data to Our trusted partners for their use in creating Segments for online ad targeting and delivery and for other uses such as detection, prevention, and addressing fraud, security or technical issues as more fully described in Our privacy notice which can be found at [sharethis.com/privacy](http://sharethis.com/privacy/).
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	75	"Google Analytics By ShareThis WordPress" plug-in on Your Publisher Site, ShareThis uses a Google Analytics feature currently known as Google Analytics Demographics, in order to better understand the audience demographics of your Publisher Site, and to provide insights about those demographics to You. Where Google Analytics Demographics is enabled, certain Usage Data and Profile Information as described in the ShareThis Privacy Policy will be shared with Google so that we may provide demographic reporting features to You. To learn more about Google Analytics' privacy practices, please click [here](https://support.google.com/analytics/answer/6004245). To opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on, please click [here](https://tools.google.com/dlpage/gaoptout), or you may also visit the [NAI consumer choice page](https://optout.networkadvertising.org/). You are responsible for accurately describing Google Analytics features and functionality to Your Visitors.
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73	77	4) Privacy Rules. "Rules" means all applicable data protection, electronic communications and privacy laws, rules, regulations, regulatory guidelines, as well as any applicable self-regulatory guidelines, including without limitation each of the [Self-Regulatory Principles of the Digital Advertising Alliance](http://www.aboutads.info/principles) ("DAA"), the [Codes of Conduct of the Network Advertising Initiative](https://www.networkadvertising.org/code-enforcement/code) ("NAI"), and the [Principles of the European Interactive Digital Alliance](http://www.edaa.eu/european-principles/) ("EDAA"), and the General Data Protection Regulation ("GDPR") as each set of principles may be amended from time to time.
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75	79	5) ShareThis Compliance with Rules. ShareThis will comply with all Rules that apply in its provision of the ShareThis Publisher Applications to You. We will post and maintain a privacy notice that discloses Our practices with respect to the handling of Usage Data. The privacy notice is available at [sharethis.com/privacy](http://sharethis.com/privacy/)(or such other location designated by ShareThis) and is subject to change at ShareThis' discretion ("ShareThis Privacy Notice"). In the event of any change in the Rules or in the legal or self-regulatory environment in any applicable jurisdiction, ShareThis may, in its discretion, restrict Your use of or access to Our Services and/or the ShareThis Publisher Applications in such jurisdiction, without liability to You or any third party.
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77	81	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 required by the Rules for the provision of data to Us or use of the ShareThis Publisher Applications. For information regarding applicable Vendors and Partners requesting consent visit [https://advertisingconsent.eu/vendor-list/](https://advertisingconsent.eu/vendor-list/). For those EU/EEA Visitors, we prohibit YOU from passing to ShareThis any personal sensitive 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 (if dealing with EU/EEA traffic or Visitors) 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) and which make clear that the Visitor's continued use of the site will show his or her acceptance of such Cookies. For Publishers with EU/EEA Visitors or traffic: it is essential You apply the principle of TRANSPARENCY to all Your dealings with those Visitors.
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