ShareThis Publisher Terms of Use

DATED 2020-11-18 · VERSION 20201201_rev01 · COMPARED WITH 20201103_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20201103_rev01 to 20201201_rev01

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

 Welcome to ShareThis! We offer to You the ShareThis Publisher applications, products, tools and services related to social sharing on Your website, provided that You agree to the following terms. Please review them carefully.
 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.
+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.
+WE URGE YOU TO READ THOSE REVISED TERMS OF USE AS SOON AS POSSIBLE. FOR THOSE OF YOU WHO ARE EITHER BASED IN A PLACE WITH A COMPREHENSIVE DATA PROTECTION LAW (E.G. THE EEA, BRAZIL, THAILAND) AND/OR RECEIVE WEB TRAFFIC FROM ONE OF THOSE PLACES, THESE UPDATED TERMS OF USE TAKE INTO ACCOUNT SUCH REGULATORY FRAMEWORKS AND EXPLAIN SHARETHIS' POSITION, LEGAL BASIS FOR PROCESSING AND GENERAL APPROACH TO THE COMPLIANCE.
 You may not sign-up or use the ShareThis Publisher Applications or Services (described below) if You do not agree.
+Updated October 19, 2020
+Updated November 18, 2020
 - * *
 **I. About ShareThis Publisher Applications**
 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:
 **V. License for Usage Data and Cookies, Pixel Tags, Web Beacons and/or Other Similar Technologies, and Data Ownership**
 **1) General**. By downloading ShareThis Publisher Applications from Our Website and accessing or using on Your Publisher Site, You agree that ShareThis has the right to collect and use data related to visitors' accessing Your Publisher Site ("Visitors"), including without limitation, data regarding the browsing and sharing of content from Publisher Site on a pseudonymised personal data basis ("Usage Data"). You agree that We may deploy a cookie, pixel tag, web beacons and/or other similar tracking technologies ("Cookies") utilizing JavaScript when Visitors to a page on Your Publisher Site containing ShareThis Applications (e.g., sharing icon or widget) in order for Us to collect information on categories of Content shared by such Visitors and categories of Visitors' interests. The Usage Data our Analytical Tools collect on Your Publisher Site is pseudonymized personal data such as IP address, cookie and mobile advertising ID and information about how Your Visitors view Your Publisher Site, other websites and how Visitors use the ShareThis Analytical Tools. We know how a particular browser or device interacts with websites; we do not know the person behind the browser
 For Publishers with California traffic: BY ENTERING AND ACCEPTING THESE REVISED TERMS OF USE, SHARETHIS WILL EXPECT THAT YOU WILL ONLY COLLECT, PROCESS, AND TRANSFER PERSONAL INFORMATION OF CALIFORNIA DATA SUBJECTS TO SHARETHIS ONCE YOU HAVE PROVIDED EACH INDIVIDUAL CALIFORNIA VISITOR WITH A NOTICE THAT CLEARLY DESCRIBES: A) THE CATEGORIES OF PERSONAL INFORMATION COLLECTED BY SHARE THIS, THE BUSINESS PURPOSES FOR SHARETHIS' USE OF SUCH DATA AND C) THE OPPORTUNITY FOR CALIFORNIA DATA SUBJECT TO OPT-OUT FROM THE SALE OF PERSONAL INFORMATION. YOU HEREBY ATTEST THAT YOU WILL PROVIDE EXAMPLES OF SUCH NOTICES PROVIDED UPON REQUEST.
+**For Publishers with European traffic**: BY ENTERING AND ACCEPTING THESE REVISED TERMS OF USE, SHARETHIS WILL EXPECT THAT YOU WILL ONLY COLLECT, PROCESS, AND TRANSFER EU/EEA VISITOR PERSONAL DATA TO SHARETHIS ONCE YOU HAVE SOLICITED AND OBTAINED CONSENT FROM EACH INDIVIDUAL VISITOR. In order to be in a position to obtain consent from Your visitors, You must implement a consent mechanism using a consent management platform (also called CMP). SHARETHIS RESERVES THE RIGHT (BUT IS UNDER NO OBLIGATION TO) TAKE REASONABLE STEPS TO HELP ENSURE YOUR COMPLIANCE WITH APPLICABLE LAW INCLUDING DETECTING WHETHER A CMP IS IMPLEMENTED ON A PUBLISHER SITE THAT IS DIRECTED TO VISITORS LOCATED IN THE EU/EEA AND/OR IMPLEMENTING A CMP AS APPROPRIATE IN THE SOLE JUDGEMENT OF SHARETHIS. To learn about ShareThis's CMP, visit this page: [ShareThis GDPR Compliance Tool](https://www.sharethis.com/gdpr-compliance-tool/). For GDPR-specific questions, reach out to the ShareThis DPO, Vincent Potier, at [support@sharethis.com](mailto:support@sharethis.com).
+**For Publishers with European or Brazilian traffic**: BY ENTERING AND ACCEPTING THESE REVISED TERMS OF USE, SHARETHIS WILL EXPECT THAT YOU WILL ONLY COLLECT, PROCESS, AND TRANSFER EU/EEA or BRAZILIAN VISITOR PERSONAL DATA TO SHARETHIS ONCE YOU HAVE SOLICITED AND OBTAINED CONSENT FROM EACH INDIVIDUAL VISITOR. In order to be in a position to obtain consent from Your visitors, You must implement a consent mechanism using a consent management platform (also called CMP). SHARETHIS RESERVES THE RIGHT (BUT IS UNDER NO OBLIGATION TO) TAKE REASONABLE STEPS TO HELP ENSURE YOUR COMPLIANCE WITH APPLICABLE LAW INCLUDING DETECTING WHETHER A CMP IS IMPLEMENTED ON A PUBLISHER SITE THAT IS DIRECTED TO VISITORS LOCATED IN A JURISDICTION WHICH REQUIRES CONSENT AND/OR IMPLEMENTING A CMP AS APPROPRIATE IN THE SOLE JUDGEMENT OF SHARETHIS. To learn about ShareThis's CMP, visit this page: [ShareThis GDPR Compliance Tool](https://www.sharethis.com/gdpr-compliance-tool/). For GDPR-specific questions, reach out to the ShareThis DPO, Vincent Potier, at [support@sharethis.com](mailto:support@sharethis.com).
 **2) License.** You grant to Us a non-exclusive, perpetual, royalty-free, worldwide, fully sub-licensable, and irrevocable right and license to:
 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.
 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.
 ) 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.
 **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.
 **VI. Data Collection, Rights and Publisher Privacy Notices.**
+) In consideration for Your access to and use of the ShareThis Publisher Applications, You agree that We may set cookies, pixel tags, web beacons and/or other similar tracking technologies (collectively, "Cookies") on Your Publisher Site where the ShareThis Publisher Applications are enabled, and allow our partners to set Cookies. When a Visitor accesses Your Publisher Site, we collect Usage Data via Cookies placed by ShareThis. For those Publishers based in the EU/EEA and/or Publishers with EU/EEA traffic, You need a legal basis to collect and process personal data and You need a consent for the placement of Cookies on Your Publisher Sites.
+) In consideration for Your access to and use of the ShareThis Publisher Applications, You agree that We may set cookies, pixel tags, web beacons and/or other similar tracking technologies (collectively, "Cookies") on Your Publisher Site where the ShareThis Publisher Applications are enabled, and allow our partners to set Cookies. When a Visitor accesses Your Publisher Site, we collect Usage Data via Cookies placed by ShareThis. For those Publishers based in a place with a comprehensive law, You may need a legal basis to collect and process personal data and You may need a consent for the placement of Cookies on Your Publisher Sites.
 The ShareThis Publisher Applications also incorporate Cookies from our third-party partners to enable the synchronization of internal unique identifiers between Us and our third-party partners to facilitate online behavioral advertising (also called interest-based advertising). When a Visitor accesses a Publisher Site on which the ShareThis Publisher Applications are enabled, We deploy a Cookie to record information about how the Visitor uses the Publisher Site, such as the web search that landed the Visitor on a particular page or categories of the Visitor's interests. We have the right to use Usage Data to target advertising and for other purposes as outlined in the privacy notice toward the Visitor and/or authorize others to do the same.
 ) We use the following types of Cookies:
 a. _Analytics Cookies_: Placed on the Visitor's browser it helps Us provide insights to You on Visitor activities on Your Publisher Site, including how frequently a Visitor's device has visited or how the Visitor's device has interacted with Publisher Site.
 "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.
 ) 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.
 ) 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.
+) 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.
+) 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 (where legally mandated) 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. It is essential that You apply the principle of TRANSPARENCY to all Your interactions with Visitors, particularly where required under applicable law.
+) Notice and Opt-Out Requirement for Publisher Site. The privacy notice on Your Publisher Site must enable Visitors to opt out of the collection and use of their data by You and: (i) for U.S. properties, include a link to the DAA opt-out program (currently available at [aboutads.info](http://optout.aboutads.info/)) or the NAI opt out program (currently available at [optout.networkadvertising.org](http://optout.networkadvertising.org/)); (ii) for EU/EEA properties, insert a link to the EDAA opt-out program (currently available at [www.youronlinechoices.eu](http://www.youronlinechoices.eu/)); or (iii) in any other global region, provide a link to the ShareThis Privacy Notice referenced above. Though You are ultimately bound by the contractual requirements herein, We've also provided a non-legalese communication on Your duties to Publisher Site Visitors below. We provide the following language solely as a courtesy and encourage You to review this language with legal counsel and/or persons with privacy expertise as You incorporate it into Your privacy notice:
+) Notice and Opt-Out Requirement for Publisher Site. The privacy notice on Your Publisher Site must be an accurate representation of your privacy practices and must enable Visitors to opt out of the collection and use of their data by You and: (i) for U.S. properties, include a link to the DAA opt-out program (currently available at [aboutads.info](http://optout.aboutads.info/)) or the NAI opt out program (currently available at [optout.networkadvertising.org](http://optout.networkadvertising.org/)); (ii) for EU/EEA properties, insert a link to the EDAA opt-out program (currently available at [www.youronlinechoices.eu](http://www.youronlinechoices.eu/)); or (iii) in any other global region, provide a link to the ShareThis Privacy Notice referenced above. If you collect email addresses which are passed to ShareThis in hashed form, you are responsible for disclosing such in the privacy notice on Your Publisher Site. Though You are ultimately bound by the contractual requirements herein, We've also provided a non-legalese communication on Your duties to Publisher Site Visitors below. We provide the following language solely as a courtesy and encourage You to review this language with legal counsel and/or persons with privacy expertise as You incorporate it into Your privacy notice:
 "We may allow third-party companies, including ad networks, to serve advertisements, providing other advertising services and/or collect certain information when you visit our website. Third-party companies may use pseudonymized personal data (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visit to this website in order to provide advertisements about goods and services likely to be of interest to you. To learn more about Interest-Based Advertising or to opt-out of this type of advertising, you can visit [AboutAds.info/choices](http://optout.aboutads.info/) or [www.networkadvertising.org/choices/](http://optout.networkadvertising.org/).
 Some third-party companies may also use non-cookie technologies, such as statistical IDs. Please keep in mind that your web browser may not permit you to block the use of these non-cookie technologies, and those browser settings that block cookies may have no effect on such techniques. If the third-party company uses the non-cookie technologies for interest-based advertising, you can opt out at [www.networkadvertising.org/choices](http://optout.networkadvertising.org/). Please note the industry opt out only applies to use for interest-based advertising and may not apply to use for analytics or attribution."
+) Adherence to Privacy Standards. You will not (i) use the ShareThis Publisher Applications or Services on child-directed websites or for the purposes of making decisions about a Visitor's eligibility for employment, health care, credit or insurance, or for making decisions solely by automatic means where the decision has a significant effect on the Visitor, or in any way that does or can be used to discriminate against any person, or promote bigotry, racism or harm; (ii) provide to ShareThis any data that falls under any of the sensitive data definitions contained in the Rules, as they may be revised from time to time; for Publishers with EU/EEA Visitors, You shall not collect nor process nor pass any personal sensitive data to ShareThis (defined under GDPR); or (iii) provide to ShareThis any data collected from websites directed to children under the age of 16 or from website Visitors whose age You know to be under the age of 16.
+) Adherence to Privacy Standards. You will not (i) use the ShareThis Publisher Applications or Services on child-directed websites or for the purposes of making decisions about a Visitor's eligibility for employment, health care, credit or insurance, or for making decisions solely by automatic means where the decision has a significant effect on the Visitor, or in any way that does or can be used to discriminate against any person, or promote bigotry, racism or harm; (ii) provide to ShareThis any data that falls under any of the sensitive data definitions contained in the Rules, as they may be revised from time to time; You shall not collect nor process nor pass any personal sensitive data to ShareThis (as defined under the Rules and/or applicable law); or (iii) provide to ShareThis any data collected from websites directed to children under the age of 16 or from website Visitors whose age You know to be under the age of 16.
 ) Transfers of Personal Data. Usage Data may be transferred on a global basis. To the extent that the provision of the ShareThis Publisher Applications involve any transfers of data (i) subject to data transfer restrictions or requirements under GDPR or any successor legislation; (ii) to countries, jurisdictions or recipients outside the EEA or Switzerland not recognized by the European Commission as ensuring an adequate level of protection pursuant to GDPR or any successor legislation; and (iii) not otherwise subject to an approved transfer mechanism that provides an adequate level of protection pursuant to GDPR or any successor legislation, such transfers between ShareThis and You are made subject to the terms of the [EU Standard Contractual Clauses for controller to controller](https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en) ("Clauses"), as entered into between ShareThis (acting in its own name and in the name and on behalf of its affiliates) and You (acting in Your own name and in the name and on behalf of Your affiliates). ShareThis and You agree that incorporation of the Clauses into this Terms shall act as a legally-binding execution of the Clauses.
 **VII. Reserved Rights and Restrictions**
 ) Reserved Rights. The content and software offered by or through the ShareThis Publisher Applications and Our Website are owned by Us, our suppliers and/or third parties who post or make available such materials. The ShareThis Applications and Our Website are protected by copyright and other intellectual property laws and treaties. We and our licensors reserve all rights not specifically granted to You.