Acceptable Use Policy:
Last updated Jan 4, 2011.
Microsoft’s Atlas line of services helps advertising agencies and advertisers deliver efficient, profitable digital marketing programs. Microsoft does not review, edit, censor, or take responsibility for any content served using its Atlas ad serving technology. In order to prevent misuse, whether intentional or inadvertent, of Atlas technology, Microsoft requires that users of its technology review the following acceptable use terms and conditions carefully and comply with the following restrictions.
What this Acceptable Use Policy Covers:
The Acceptable Use Policy is intended to apply to all users of Atlas technology and provides restrictions covering 1) general restrictions for all Atlas Users; 2) terms governing the use of Atlas Universal Action Tag or Atlas Action Tags; 3) terms governing all parties who receive access to data obtained via Atlas Action Tags or Atlas Universal Action Tags; and 4) terms applicable to the use of Atlas Technology Partner Alliance integrations with non-Microsoft third party technologies.
1 General Restrictions for All Atlas Users:
Unacceptable Content – Atlas technology may not be used to display, distribute, link to, or otherwise make available content which is obscene or pornographic, which is unlawful, which encourages or incites any unlawful activity, which is defamatory to any group or individual, infringes or misappropriates the intellectual property rights of others or is otherwise, in the sole discretion of Microsoft considered unacceptable.
Intellectual Property Violations – Atlas technology may not be used in connection with any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets and patents.
Privacy – Users of Atlas technology must clearly and conspicuously post a robust privacy policy, maintain and comply with such privacy policy that is compliant with applicable laws, regulations, and self-regulatory industry standards. Users are also required to use our technology in a manner consistent with that privacy policy and the privacy obligations in their agreement(s) with Microsoft.
Spam – Atlas technology may not be used in connection with any unsolicited commercial email that does not fully comply with applicable law, including the CAN SPAM Act of 2003.
Spyware – Atlas technology may not be used in connection with any downloadable application that is downloaded without notice and consent, or which collects personal information from the user without notice and consent. Further, Atlas technology may not be used to download any type of unauthorized or unlawful program to any computer, or to link a user to a website or other destination intended to download such software.
Access – Unless Microsoft provides written permission, no user may grant access to the Atlas products or technology to any person or entity which is not expressly allowed such access pursuant to the terms of the user’s agreement with Microsoft to use Atlas services. Under no circumstances may any user license or sell any use of or access to the Atlas technology.
Other Prohibited Activities –Atlas technology may not be used to engage in or promote activities that are determined to be illegal, including advertising illegal sweepstakes or pyramid schemes, fraudulently charging credit cards, pirating software, creating or distributing viruses or worms, or any other activity that Microsoft in its sole discretion determines to be harmful to its operation, reputation, client relationships, or those of any of its clients, partners, and affiliates.
2 Use of Atlas Action Tags or Atlas Universal Action Tags
Microsoft requires that advertising customers using the Atlas Universal Action Tag (UAT) or Atlas Action Tag(s) on their websites provide end users with clear notice on their websites about the collection and use of information by third parties for Online Behavioral Advertising purposes, and specifically how the UAT enables this collection of information by third parties. Such notices should, at a minimum, (1) inform users about the collection of information about visitors to your site by all third parties, including Microsoft and other third parties whose tags you may have added to the Atlas UAT used on your site, and (2) link to an appropriate opt-out mechanism(s) such as the Network Advertising Initiative at www.networkadvertising.org, or the Self-Regulatory Program for Behavioral Advertising Consumer Choice Page opt out page located at www.AboutAds.info or any successor page approved by Microsoft. . For advertising customers operating outside of the United States and Canada, you should follow similar localized laws, regulations, and other self-regulatory industry requirements governing notice and choice.
Atlas Universal Action Tags or Atlas Action Tags must not be used to obtain personally identifiable information of end users.
If you are an advertising agency, you should ensure that your advertising clients comply with the above obligations.
Such disclosures are required not only by our standard contractual terms, but also by the Self-Regulatory Principles of Online Behavioral Advertising adopted by the American Association of Advertising Agencies (AAAA), Association of National Advertisers (ANA), Counsel of Better Business Bureaus (CBBB), Direct Marketing Association (DMA) and Interactive Advertising Bureau (IAB).
3 Parties receiving data through Atlas Action Tags or Universal Action Tags (“UAT”)
Industry Opt-Out Page – Microsoft supports self- regulatory industry efforts intended to ensure that consumer end users are provided with clear and adequate notice regarding how companies are collecting and using information about the end user for Online Behavioral Advertising purposes. To further this commitment, effective on May 13, 2011, Microsoft will require all UAT Partners who wish to use data collected via Atlas’ Universal Action Tags technology for Online Behavioral Advertising (OBA) to be in compliance with the Self Regulatory Principles of Behavioral Guidelines, which includes the requirement to be listed on an industry opt-out page, such as the Network Advertising Initiative at www.networkadvertising.org, the Self- Regulatory Program for Behavioral Advertising Consumer Choice opt out page located at www.AboutAds.info or any successor page approved by Microsoft. For UAT Partners operating outside of the United States and Canada, similar localized laws, regulations, and self-regulatory industry requirements governing notice and choice apply to the extent applicable. If a UAT Partner is not listed on an industry opt-out page, then that UAT Partner must not use data collected via UATs for online behavioral advertising.
The purpose of this policy is not only to make it easier for end users to receive notice and have choice regarding the use of information concerning them, but also to make it easier for advertisers to update their own websites’ privacy policies less frequently and provide centralized opt out links for their end users.
Sequential Tagging Restrictions – Microsoft’s support of industry self-regulatory efforts to help create transparency for end users will not work unless all parties accessing data via the UAT are required to follow the same policies. UAT Partners using the Atlas’ Universal Action Tag technology should not append any third party action tags (also known as pixels or beacons) to Atlas Action Tags, or use other methods to collect or share data accessed by Atlas Action Tags (i.e., ‘Sequential Tagging”) unless UAT Partner takes responsibility for these parties and must do the following:
- a. UAT Partner must give written notice of the Sequential Tagging to the applicable advertisers which have selected the UAT Partner to receive Atlas Action Tag data via the Atlas Media Console. Such notice must disclose that the UAT Partner sequentially tags third parties to its own so that the third party may also receive Atlas Action Tag data. Further, the notice should include a reminder to advertisers that they are required to disclose this collection and use in their privacy policies and provide an opt out mechanism for all third parties collecting and using data from their sites for OBA purposes, such as by linking to industry opt-out pages, such as the Network Advertising Initiative at www.networkadvertising.org, and the Self- Regulatory Program for Behavioral Advertising Consumer Choice opt out page located at www.AboutAds.info.
- b. UAT Partners are also responsible for ensuring that all subcontractors or other downstream entities they choose to sequentially ping comply with Microsoft’s Atlas Acceptable Use Policy, which includes without limitation, to the extent these parties use UAT data for behavioral targeting purposes, they too are in compliance with Self-Regulatory Program for Behavioral Advertising Guidelines and Industry Opt-Out Page requirements. Further, they should be bound to comply with similar applicable restrictions as those found it in its own UAT agreement with Microsoft.
Microsoft reserves the right to audit UAT Partners at its sole discretion and require them to certify to compliance with this Acceptable Use Policy. In addition to any other remedies available, failure to comply with this Acceptable Use Policy may result in UAT Partner suspension and/or termination of UAT Partner’s access to the UAT Program,
Atlas Customer Acknowledgement of Risk: While Microsoft is committed to providing Atlas advertising customers with a UAT Program that is aligned with self-regulating industry best practices, Microsoft cannot guarantee or promise that all UAT Partners will always abide by these Acceptable Use terms and conditions. Microsoft strongly advises Atlas advertising customers to periodically review the UAT placed on their sites and the UAT Partners they have selected to gain access to their Atlas Action Tag data and ensure that they are in compliance with self-regulatory best practices.
4 Use of Atlas Technology Partner Alliance integrations
At the request of our Advertising customers, Microsoft may enable Atlas technology or Atlas Media Console user interfaces to integrate with the technology or user interfaces of non-Microsoft third parties. These integrations may be marketed under the Atlas Technology Partner Alliance (“ATPA”) program and may enable Advertising customers to transfer their own campaign related data between Atlas and third party systems, thus empowering Advertising customers to better utilize different services offered by Microsoft and ATPA companies.
The following terms of use apply to ATPA integrations:
- Data Transfers. ATPA companies may have the ability to access “Atlas Client Data” through the use of Partner’s tools or user interfaces. ATPA companies may also provide the ability for Atlas customers to import a variety advertising campaign related data from ATPA companies in to the Atlas Media Console. Unless otherwise notified, Microsoft will treat any Atlas customer data received via ATPA company integrations as “Atlas Client Data,” as defined under the parties’ Agreement. Atlas customers acknowledge and agree that ATPA companies may maintain different data retention or other policies than those contained in the Atlas customer Agreement with Microsoft. Microsoft is not responsible for controlling subsequent data use and retention by such third parties, including without limitation ATPA companies after the Atlas customer has shared Atlas Client Data with others.
- Access to Universal Action Tags. At Atlas customers’ sole discretion, Atlas customers may elect to give ATPA companies access to their Atlas Action Tag data through the use of the UAT Program. Atlas customers understand that the ATPA companies may include entities such as Rich Media or Dynamic Creative Companies, Demand Side Platforms or Exchanges, or SEMs and are different than traditional advertising networks (typically called Partner Networks or Tagging Networks under the UAT Program). Microsoft requires all ATPA companies to abide the same UAT Program terms and conditions as other UAT members.
- Access. Atlas customers are solely responsible for managing permissions for access to their accounts, whether through ATPA companies or via the Atlas Media Console. Microsoft is not responsible for any loss of Atlas Client Data due to Atlas customer’s management of access permissions.
- Disclaimer of warranties regarding ATPA technologies. Atlas customers use of third party technology or products belonging to ATPA companies or other third parties is done at their own risk. Microsoft provides no warranty, express or implied, and assumes no responsibilities regarding ATPA companies related technologies or products. Microsoft expressly disclaims all other express, implied, or statutory warranties with regard to ATPA company technologies or products. This includes disclaimers of warranties of merchantability, fitness for a particular purpose, title and non-infringement or any warranties related to uptime or lack of errors.
We hope this Acceptable Use Policy is helpful in clarifying the obligations of Microsoft and Atlas technology users as responsible members of the online advertising industry. This policy may be updated from time to time at Microsoft’s sole discretion. Please send any questions, complaints or comments regarding this Acceptable Use Policy should be sent to https://advertising.microsoft.com/atlas-contact-sales.