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• Data Collection
• Publishers cannot hide fields without consumer disclosure.
Hiding fields entails collection of personally identifiable information by the publisher and the transmission of that data to the advertiser without notifying the consumer which data will be shared. Personally identifiable information that is entered on the publisher’s website prior to the consumer’s interaction with an advertiser may be pre-populated in an offer form, but cannot be passed without providing the opportunity for the consumer to review that information.
For example, if a consumer’s email address is known from the publisher’s registration page, it may be pre-populated on the offer data form in the appropriate field. This allows the consumer to easily review and edit his/her data, if necessary, and make an informed decision on whether he/she wants to share that data with the advertiser.
• Publishers cannot sell data that the consumer has provided during registration or on/in an advertiser offer form to other companies to use to market itself to the consumer without the consumer’s knowledge or choice.
Publishers who host lead generation offers within another publisher’s registration process may use the collected data for improved optimization and targeting of subsequent offers. If the data is used for this purpose, the publisher must disclose usage of that data in their terms and conditions.
• Publishers and advertisers must disclose if the data collected will be shared with third parties.
• No sharing of personally identifiable information with 3rd party marketers for the purpose of sending email, without consent
Web sites that capture Personally identifiable information should not engage in sharing or sale of such data with any 3rd party marketers for the purpose of sending email, unless the consumer has consented to share their email address with 3rd parties. Web sites that do share Personally identifiable information with 3rd party marketers, as outlined herein, must disclose to consumers that this will occur. Disclosure should be clear and conspicuous, and must be included at the point of signup and/or on the offer page, in addition to the privacy policy.
• Publishers and advertisers using third parties to manage their email list must have a formal data licensing agreement.
If more than one list management partner is used, the publisher or advertiser must maintain opt-out procedures for each partner. In addition, establish a mechanism to quickly and efficiently remove these users from all list management partners.
• Publishers/Advertisers must allow consumers to easily skip offers if they do not want to share the data being requested by the advertiser or if they are no longer interested in the offer.
| • This should include not using language such as; “You must select an offer to continue” unless selecting an offer is required. If the offer is not required, publishers should instead use language such as, “You must view an offer to continue.” |
• Publishers/Advertisers must ensure that the skip function is clear and conspicuous and is not hidden or difficult to locate on the offer. In addition, the skip function should be displayed in equal prominence to the submit function.
• Publishers/Advertisers must use clear language when using pre-selected custom offers. The publisher cannot “force” or insinuate that the consumer must select an offer in order to continue through the publisher’s registration process.
• Prior to accepting any consumer information, the terms and conditions must be clearly and conspicuously disclosed so that a reasonable consumer may understand the essence of the proposed exchange.
• The terms and conditions must be accessible and prominent during the registration or offer selection process.<
• When using the term “free” or “complimentary” or other similar terms, advertisers must ensure proper disclosures are made in proximity to the term, if some form of obligation is needed by the consumer to receive the offer.
• Publishers cannot promote Clickbooth offers via incentive without written confirmation from a Clickbooth representative.
• Publishers that run a combination of incentivized and non-incentivized offers throughout their registration process and website flow must clearly and conspicuously articulate to the consumer on the offer pages offer type – either required or optional. This disclosure should be at the top of such page before the consumer engages in any advertiser offers.
• If multiple pages are used with various offer requirements, it is recommended that consumers be able to navigate freely between the offer pages to better understand the scope of the incentive requirements.
• The publisher should disclose directly on the registration page exactly what the consumer needs to do in order to receive the reward.
• A summary of key requirements of the consumer must be disclosed on the first registration page.
• If the consumer must sign up for various offers to qualify for the reward, the publisher must disclose to the consumer the cost associated with each offer presented.
• If there is some form of monetary obligation needed to qualify for a gift, the publisher must provide the consumer with a representative estimate of such costs.
• When using the term “free” or “complimentary” or other similar terms, advertisers should ensure proper disclosures are made within close proximity of the claim, if some form of obligation must be incurred by the consumer to receive the offer.
• The disclosures concerning the term “free” must be displayed based on any existing statutes, regulations, or guidance in a publishers’ area of operations. The disclosures must also be displayed in the same font color and type.
• The term “free” (or similar terms) and related disclosures must be highlighted on the registration page by a unique color and font that stands out from the other text on the creative material.
• If a purchase will be required by the consumer to receive the reward item, then the disclosure within close proximity of the word “free” (or similar terms) must be in the same color, font, and size of the word “free” (or similar terms) and it must educate the consumer about the purchase requirement(s).
• A summary of the requirements must be listed on the registration page. In addition, the verbiage qualifying the word “free” (or similar terms) must reference the summary terms and conditions listed on the registration page.
• If the offer requires the consumer to fulfill various requirements to receive a free gift, the consumer must always be required to certify he/she agrees to the terms and conditions.
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