ShareThis Publisher Terms of Use
DATED 2023-01-01 · VERSION 20230205_rev01 · COMPARED WITH 20221201_rev01 · ARCHIVE SNAPSHOT
Full text changes — 20221201_rev01 to 20230205_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 1 | 1 | 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. |
| 2 | 2 | |
| 3 | 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. | |
| 3 | 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) AS WELL AS SELECT U.S. STATES SUCH AS CALIFORNIA 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. | |
| 4 | 4 | |
| 5 | 5 | You may not sign-up or use the ShareThis Publisher Applications or Services (described below) if You do not agree. |
| 6 | 6 | |
| 7 | **Updated June 7, 2022** | |
| 7 | **Updated January 1, 2023** | |
| 8 | 8 | |
| 9 | 9 | - * * |
| 10 | 10 | |
| 11 | 11 | **I. About ShareThis Publisher Applications** |
| 12 | 12 | |
| 13 | 13 | 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: |
| 19 | 19 | c. Content, functionality, and services offered on or through ShareThis.com for Publishers ("Our Website"). |
| 20 | 20 | |
| 21 | 21 | We offer the standard ShareThis Publisher Applications on Our Website at no charge to Publishers in consideration of our Publishers giving Us the right to collect and use data from the use of our ShareThis Publisher Applications on the Publisher Site. Other customized or premium services, such as advertising services, advertising network services, fee-based services such as data licensing (where applicable) and data analytical services ("Services") may be subject to additional terms as agreed to by You and Us. |
| 22 | 22 | |
| 23 | 23 | **II. About these Terms** |
| 24 | 24 | |
| 25 | These Terms serve as a contract between You and Us and governs Your use of ShareThis Publisher Applications and Our Website. You agree to transact with Us electronically and to receive all terms and notices from Us by electronic means, either by email or by posting such notices online. You agree that these Terms may not be denied enforceable because they are in electronic form. | |
| 25 | These Terms serve as a contract between You and Us and governs Your use of ShareThis Publisher Applications and Our Website. You agree to transact with Us electronically and to receive all terms and notices from Us by electronic means, either by email or by posting such notices online. You agree that these Terms may not be denied or deemed unenforceable because they are in electronic form. | |
| 26 | 26 | |
| 27 | 27 | **III. Registration and Obtaining the ShareThis Publisher Applications** |
| 28 | 28 | |
| 29 | 29 | You must register with Us to use the ShareThis Publisher Applications on Your Publisher Site. You must use the ShareThis Website to get the ShareThis Applications located at [https://platform.sharethis.com/](https://platform.sharethis.com/) or from one of ShareThis authorized distributors (e.g., [https://wordpress.org/plugins/sharethis-share-buttons/](https://wordpress.org/plugins/sharethis-share-buttons/)). You may not copy code from another site. You must complete the registration process and provide Us with information about You that is complete, accurate, and up to date. By registering, You agree to the Terms herein and to comply with all applicable laws and regulations. We will notify You of any significant feature changes or enhancements here. |
| 30 | 30 | |
| 31 | 31 | **IV. Eligibility** |
| 37 | 37 | **V. License for Usage Data and Cookies, Pixel Tags, Web Beacons and/or Other Similar Technologies, and Data Ownership** |
| 38 | 38 | |
| 39 | 39 | **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 |
| 40 | 40 | |
| 41 | 41 | 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. |
| 42 | 42 | |
| 43 | **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). | |
| 43 | **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, UK, SWISS, or BRAZILIAN VISITOR PERSONAL DATA TO SHARETHIS ONCE YOU HAVE SOLICITED AND OBTAINED A LEGALLY VALID 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). | |
| 44 | 44 | |
| 45 | 45 | **2) License.** You grant to Us a non-exclusive, perpetual, royalty-free, worldwide, fully sub-licensable, and irrevocable right and license to: |
| 46 | 46 | |
| 47 | 47 | 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. |
| 48 | 48 | |
| 49 | 49 | 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. |
| 53 | 53 | 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. |
| 54 | 54 | |
| 55 | 55 | **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. |
| 56 | 56 | |
| 57 | 57 | **VI. Data Collection, Rights and Publisher Privacy Notices.** |
| 58 | 58 | |
| 59 | 1) 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. | |
| 59 | 1) In consideration for Your access to and use of the ShareThis Publisher Applications, You agree that We may read probabilistic identifiers and 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 such as the EEA, UK or Brazil with a comprehensive privacy or data protection 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. | |
| 60 | 60 | |
| 61 | 61 | 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. |
| 62 | 62 | |
| 63 | 63 | 2) We use the following types of Cookies: |
| 64 | 64 | |
| 65 | 65 | 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. |
| 66 | 66 | |
| 67 | 67 | 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. |
| 68 | 68 | |
| 69 | 69 | 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. |
| 70 | 70 | |
| 71 | 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](https://sharethis.com/privacy/). | |
| 71 | 3) We use Usage Data to create commercially viable data products and services that We license to Our trusted customers ("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 customers and 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](https://sharethis.com/privacy/). | |
| 72 | 72 | |
| 73 | 73 | Where you have agreed to utilize the "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. |
| 74 | 74 | |
| 75 | 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. | |
| 75 | 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"), the [IAB TCF](https://iabeurope.eu/transparency-consent-framework/), the [IAB Global Privacy Platform](https://iabtechlab.com/gpp/), the IAB Privacy String, U.S. State laws such as the California Consumer Privacy Act ("CCPA"), Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Protection Act, the Utah Consumer Privacy Act, each as applicable, and the General Data Protection Regulation ("GDPR") as each may be amended from time to time. | |
| 76 | 76 | |
| 77 | 77 | 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. |
| 78 | 78 | |
| 79 | 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://iabeurope.eu/vendor-list-tcf-v2-0](https://iabeurope.eu/vendor-list-tcf-v2-0/) . 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. | |
| 79 | 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, obtain any consents, and pass-on to ShareThis any user provided choice(s) as required by the Rules for the provision of data to Us or use of the ShareThis Publisher Applications. To that end, YOU must read and be able to pass to ShareThis any applicable global opt-out controls received from Site visitors. For information regarding applicable Vendors and Partners requesting consent visit [https://iabeurope.eu/vendor-list-tcf-v2-0](https://iabeurope.eu/vendor-list-tcf-v2-0/) . For those EU/EEA Visitors, YOU are explicitly PROHIBITED from passing to ShareThis any sensitive data as defined by the Rules or special category 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 or our partners) 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. | |
| 80 | 80 | |
| 81 | 81 | 7) 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: |
| 82 | 82 | |
| 83 | "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/). | |
| 83 | We may allow third-party companies, including ad networks, ad serving platforms and data brokers, to serve advertisements, conduct analytics, conduct market research, provide other advertising services and/or collect certain information when you visit our website. We authorize those third parties to engage in the following permitted uses of such data: (a) to enable the delivery of targeted advertising; (b) to conduct market research and analytics in order to find meaningful patterns in the data that enables them to draw insights into how web Users generally behave. This may have specific application to companies seeking to better understand the characteristics of their target customer. It also may help hedge funds attempting understanding macro investment trends; (c) for data modeling in order to draw inferences. For example, to create lookalike audiences models; (d) to create modeled segments based off of demographic attributes, (e) to enhance security features or reduce fraud, including ad fraud; and (f) to enhance addressability features that enable a company to recognize the same browser, device and/or user over time. The types of third-party companies that may access this information include: (i) Advertisers and Retailers - companies seeking to better understand their customers so as to more effectively serve customer needs; (ii) Advertising Agencies - companies that purchase advertising on behalf of other companies; (iii) Advertising Technology Companies - companies that enable the delivery of advertising, mostly via digital channels, including demand side platforms, supply side platforms, advertising exchanges and ad servers, (iv) Marketing Technology Companies - companies that enable the delivery of marketing messages via channels such as email and SMS; (v) Data Companies - companies that process data into profiles that enable other companies to market and advertise more effectively; (vi) Professional Services Companies - Companies that provide high level strategy and analytic services; (vii) Security or Fraud Prevention Vendors - Companies that help ensure the security and reliability of their customer's data or infrastructure; and (viii) Investment Firms - Financial services companies and investment firms seeking to better understand how consumers use the Internet. These third-party companies may use pseudonymized personal data (e.g., click stream information, user agent, IP address, 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. These companies may use technologies that don't require HTTP cookies or mobile advertising IDs to function and your web browser may not permit you to block the use of these "non-cookie" technologies. As such, browser settings that block cookies may have no effect on such non-cookie techniques. To learn more about Interest-Based Advertising or to opt-out of this type of advertising or certain types of data sales, sharing and/or profiling as required by law, you can visit AboutAds.info/choices or www.networkadvertising.org/choices/." | |
| 84 | 84 | |
| 85 | 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." | |
| 85 | 8) Adherence to Rules. 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 and/or special category data definitions contained in the Rules, as they may be revised from time to time; 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. | |
| 86 | 86 | |
| 87 | 8) 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. | |
| 87 | 9) Transfers of Personal Data. Usage Data may be transferred by ShareThis on a global basis. To the extent that the provision of the ShareThis Publisher Applications involve any transfers of data that is: (i) subject to data transfer restrictions or requirements under GDPR or any successor legislation pursuant to the Rules; (ii) to countries, jurisdictions or recipients which would be restricted or prohibited under the Rules (e.g., transfers of EU personal data outside the EEA to a place 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, the parties shall adopt a legal mechanism for such transfers. To the extent that such transfers involve the transfer of EU, Swiss or UK personal data, 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) and the [UK Standard Contractual Clauses for controller to controller](https://ico.org.uk/media/for-organisations/documents/4019483/international-data-transfer-addendum.pdf) (collectively, the "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. | |
| 88 | 88 | |
| 89 | 9) 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. | |
| 90 | ||
| 91 | 89 | **VII. Reserved Rights and Restrictions** |
| 92 | 90 | |
| 93 | 91 | 1) 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. |
| 94 | 92 | |
| 95 | 93 | 2) Restrictions on ShareThis Publisher Applications and Our Website. In regards to the ShareThis Publisher Applications and/or Our Website, You shall not: |
| 96 | 94 | |
| 155 | 153 | We may automatically update software on Your computer to improve the performance, features, and capabilities of such software. Any software and computer code provided by Us is a commercial item, as that term is defined in 48 C.F.R. 2.101, consisting of commercial computer software and commercial computer software documentation, as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein. |
| 156 | 154 | |
| 157 | 155 | **IX. Copyright Infringement** |
| 158 | 156 | |
| 159 | 157 | ShareThis, Inc., take claims of copyright infringement seriously. |
| 160 | 158 | |
| 161 | 1) Copyright Notifications: We will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from the ShareThis Publisher Applications or our websites and/or other services provided by ShareThis, Inc., (collectively "ShareThis Services") infringe Your copyright, You may request removal of those materials (or access thereto) from ShareThis, Inc., by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (_17 U.S.C. § 512)_ ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: | |
| 159 | 1) Copyright Notifications: If You believe any materials accessible on or from the ShareThis Publisher Applications or our websites and/or other services provided by ShareThis, Inc., (collectively "ShareThis Services") infringe Your copyright, You may submit written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (_17 U.S.C. § 512)_ ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: | |
| 162 | 160 | |
| 163 | 161 | - Your physical or electronic signature. |
| 164 | 162 | - Identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works on ShareThis Services, a representative list of such works. |
| 165 | 163 | - Identification of the material You believe to be infringing in a sufficiently precise manner to allow us to locate that material. |
| 166 | 164 | - Adequate information by which we can contact You (including Your name, postal address, telephone number and, if available, e-mail address). |
| 167 | 165 | - A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law. |
| 168 | 166 | - A statement that the information in the written notice is accurate. |
| 169 | 167 | - A statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner. |
| 170 | 168 | |
| 171 | 169 | Our designated Copyright Agent to receive DMCA Notices is: |
| 172 | 170 | |
| 173 | Alan Chapell | |
| 171 | DMCA Claims c/o ShareThis | |
| 174 | 172 | 3000 El Camino Real, Building 4, Suite 200, Palo Alto, CA 94306 |
| 175 | 173 | [privacy@sharethis.com](mailto:privacy@sharethis.com) |
| 176 | 174 | |
| 177 | If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective. Please also be aware that if You knowingly materially misrepresent that material or activity on the ShareThis Services is infringing Your copyright, You may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. | |
| 175 | If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be processed. Please also be aware that if You knowingly materially misrepresent that material or activity on the ShareThis Services is infringing Your copyright, You may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. | |
| 178 | 176 | |
| 179 | 2) Counter-Notification Procedures: If You believe that material You posted on the ShareThis Services was removed or access to it was disabled by mistake or misidentification, You may file a counter-notification with us (a "**Counter-Notice**") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following: | |
| 177 | **Note**: ShareThis does not own or control most of the websites that use the ShareThis Button (i.e., the Publisher Sites). ShareThis will attempt to stop collecting data from Publisher Sites via the Publisher Applications and Services where we reasonably suspect a violation of DMCA or other applicable copyright law. In most cases, your best recourse is to contact the Publisher Site directly. | |
| 180 | 178 | |
| 181 | - Your physical or electronic signature. | |
| 182 | ||
| 183 | - An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled. | |
| 184 | - Adequate information by which we can contact You (including Your name, postal address, telephone number and, if available, e-mail address). | |
| 185 | ||
| 186 | - A statement under penalty of perjury by You that You have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. | |
| 187 | - A statement that You will consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located (or if You reside outside the United States for any judicial district in which the ShareThis Services may be found) and that You will accept service from the person (or an agent of that person) who provided the ShareThis Services with the complaint at issue. | |
| 188 | ||
| 189 | Completed Counter-Notices should be sent to: | |
| 190 | ||
| 191 | Alan Chapell | |
| 192 | 3000 El Camino Real, 5 Palo Alto Square Suite 150, Palo Alto, CA 94306 | |
| 193 | [privacy@sharethis.com](mailto:privacy@sharethis.com) | |
| 194 | ||
| 195 | The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against You within ten business days of receiving the copy of Your Counter-Notice. Please be aware that if You knowingly materially misrepresent that material or activity on ShareThis Services was removed or disabled by mistake or misidentification, You may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. | |
| 196 | ||
| 197 | 3) Repeat Infringers: It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. | |
| 198 | ||
| 199 | 179 | **X. Trademarks** |
| 200 | 180 | |
| 201 | 181 | 1) ShareThis, Inc., is the owner of the SHARETHIS name and mark and the ShareThis share icon (Collectively, the "ShareThis Marks"). In order to facilitate the standardization of multiple source and destination sharing, ShareThis, Inc., offers the ShareThis Marks for use in accordance with our Share Icon Guidelines ("Guidelines"), which can be found at https://www.sharethis.com/usage/. All use of the ShareThis Marks must be made in accordance with the Guidelines. ShareThis maintains a quality control program regarding use of the ShareThis Marks and retains all right, title, and interest in and to its trademarks, related goodwill, and other intellectual property. As noted, the complete Share Icon Guidelines can be found at https://www.sharethis.com/usage/. By using the ShareThis Publisher Applications and Services, You agree to abide by these Guidelines. |
| 202 | 182 | |
| 203 | 183 | 2) The ShareThis Marks must not be incorporated into or used in any combined trademark, service mark, trade name or other similar identifier (e.g., corporate or organization name) other than in connection with the ShareThis Publisher Applications or products or services offered by ShareThis, Inc. So long as You comply with the Guidelines and Your obligations under these Terms, You may also use the ShareThis Marks for the purpose of promoting or advertising that You use the ShareThis Publisher Applications, provided that Publisher Site do/does not in our reasonable opinion (i) infringe, dilute or disparage our trademarks, (ii) violate any applicable law, or (iii) infringe any third-party rights. You hereby grant to Us a nontransferable, non-exclusive license during the period You use the ShareThis Publisher Applications to use Your trademarks and logos to advertise that You are using the ShareThis Publisher Applications. Nothing in these Terms grants, or will be deemed to grant, to one party any right, title, or interest in or to the other party's trademarks or related goodwill. Nothing in these Terms creates a partnership or relationship between the parties beyond the explicit terms for use of the ShareThis Publisher Applications. |
| 204 | 184 |