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If you have identified yourself as a Third Party, it means that you engage in online interest-based advertising (IBA) on a First Party’s website. This guidance for Third Parties is directed primarily to advertising networks and data companies that collect web-viewing data across multiple sites and use such data to serve online interest-based advertising.
An advertiser (i.e. a company whose product or service is being promoted in an advertisement) may also be a Third Party, if it engages in data collection and use for online interest-based advertising. However, if the advertiser uses an ad network/exchange/DSP or other entity to collect data for IBA purposes, and that entity does NOT provide such data to the advertiser for its independent use, the advertiser is not a Third Party and not subject to the principles in that capacity.
Third Parties shall provide notice on their websites describing their IBA data collection, use, and disclosure practices. Such notice shall include clear descriptions of the following:
The principles assign responsibility for consumer transparency and control concerning IBA practices to Third Parties. The entity collecting the data for IBA purposes is responsible for complying with this aspect of the principles.
In addition to providing notice on your website as described in the principles, Third Parties shall:
In all cases, the enhanced notice must be clear, meaningful, and prominent. For example, providing notice hidden in lengthy terms & conditions does NOT satisfy the requirement to provide clear, meaningful, and prominent notice.
You should provide consumers with the ability to exercise choice with respect to the collection and use of data for IBA purposes, and the disclosure of this data to other entities. An example of a mechanism that would satisfy the choice requirement is one that allows a user to stop the collection and use of data for IBA purposes.
In all cases, the choice mechanism should be easy to use.
You should provide consumers with a choice mechanism in at least one of three locations:
You should maintain appropriate physical, electronic, and administrative safeguards to protect the data collected and used for IBA purposes.
You should retain data that is collected and used for IBA only as long as necessary to fulfill a legitimate business need, or as required by law.
Companies shall not collect sensitive information for IBA purposes from children they have actual knowledge are under the age of 13, or from sites directed to children under the age of 13 for IBA, or otherwise engage in IBA directed to children they have actual knowledge are under the age of 13, unless such collection and other treatment of personal information is in accordance with Canadian privacy legislation.
Companies shall not collect, use or disclose sensitive personal information for IBA purposes without consent, as required under and otherwise in accordance with applicable Canadian privacy legislation.