Personal Data Terms
Effective: 1 April 2024
Personal Data Terms
Effective: 1 April 2024
ARBITRATION NOTICE: YOU ARE BOUND BY THE ARBITRATION PROVISION SET FORTH IN THE BUSINESS SERVICES TERMS. IF YOU ARE CONTRACTING WITH SNAP INC., THEN YOU AND SNAP INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
These Personal Data terms form a legally binding contract between you and Snap, govern the provision or receipt (as applicable) of personal data via the Business Services, and are incorporated into the Business Services Terms. Some terms used in these Personal Data Terms are defined in the Business Services Terms.
If you provide Snap or its affiliates with any personal data, including within content you approve or make available via the Business Services, then in addition to the representations and warranties in the Business Services Terms: (a) you will comply with Applicable Law, applicable self-regulatory standards and guidelines and any applicable mobile developer or app store terms, guidelines or policies (collectively, "Rules") when using the Business Services; (b) the personal data you provide to Snap or its affiliates will not contain any information collected from an online service directed to children or about individuals you have actual knowledge are under the age of 13 (or, if greater than the age of 13, the minimum age at which the processing of personal data of a data subject is lawful under Applicable Law) or any sensitive information or special category data, as defined in the Rules, including any information that is based on or includes: (i) an alleged or actual commission of a crime; (ii) health information; or (iii) information about user's financial status, racial or ethnic origin, religious beliefs or preferences, sex life or sexual preferences or trade union membership; (c) you have secured, and will maintain, all necessary rights, licences and consents required to send the personal data and for the personal data to be used in accordance with the Business Services Terms, including from all data subjects whose data is included in personal data; (d) you will provide sufficient notice to each data subject in compliance with the Rules that the data subject's information collected by you or your agents may be shared with and used by third parties for the purposes specified under the Business Services Terms, including, at a minimum a clear and prominent notice about how and where users can opt out of the use of personal data for ad targeting and, where applicable: (i) for websites, a clear and prominent notice on each webpage where you utilise the Business Services stating that third parties, including Snap, may use cookies, web beacons and other technologies to collect or receive information from your websites, apps and elsewhere on the internet, and may use that information to provide measurement services, advertising targeting and other advertising services; and (ii) for apps, a clear and prominent link inside your apps' settings or your privacy policy, and from within any store or website where your apps are distributed, that explains that third parties, including Snap and its affiliates, may collect or receive information from your apps and other apps, and may use that information to provide measurement services, ad targeting, and other advertising services; (e) in jurisdictions that require informed consent for storing and accessing cookies or other information of a Data Subject (including the European Union), you must ensure, in a verifiable manner, that each data subject provides you with the necessary consent before you use the Business Services to send personal data in connection with that data subject; and (f) you will promptly notify Snap of any actual or threatened complaint relating to personal data, and you will reasonably cooperate with Snap, at your expense, in responding or defending against any such complaint.
If Snap processes personal data on your behalf, then you agree to the Data Processing Agreement, Data Transfer Agreement, and EEA controller-processor Standard Contractual Clauses.
If you provide personal data via the Business Services of consumers which are subject to the US state privacy laws further described in the US Privacy Terms, then you agree to the US Privacy Terms.
If Event Data you provide under the Snap Conversion Terms includes a limited data use signal that Snap honours, then the Limited Data Use Terms apply.
If you and Snap are independent controllers of personal data provided via the Business services, then you agree to the Data Sharing Agreement, Data Transfer Agreement, and EEA controller-controller Standard Contractual Clauses.
In summary: You provide a number of assurances about the data you transfer to Snap, including that you have complied with all applicable laws in relation to the data; the data wasn't collected from an online service aimed at anyone under 13; the data will not include sensitive information; you obtained any necessary rights, licences and consents to cover Snap's use of the data; you will include appropriate notices to data subjects; you will obtain and record data subject consent where required; and you will notify Snap of any complaints and assist Snap with dealing with such complaints at your cost. Please note that other supplemental terms and policies may apply, as set out above.