AppLovin has agreed to acquire MoPub from Twitter and we expect that the sale will close on January 1, 2022. Once closed, there will be a 90-day transition period to allow publishers to migrate off the MoPub platform. The MoPub platform, including network mediation, Advanced Bidding and Marketplace, will sunset on March 31, 2022. MoPub Dashboard and reporting will be available until April 8, 2022.

Important update

AppLovin has agreed to acquire MoPub from Twitter and we expect that the sale will close on January 1, 2022. Once closed, there will be a 90-day transition period to allow publishers to migrate off the MoPub platform. The MoPub platform, including network mediation, Advanced Bidding and Marketplace, will sunset on March 31, 2022. MoPub Dashboard and reporting will be available until April 8, 2022.

Legal

MoPub Policies for Publishers

Effective: June 22, 2021

Introduction

If You use the Monetize Services to monetize applications, you are required to adhere to these MoPub Policies for Publishers (formerly known as the “MoPub Policies for Supply Side Partners” or “MoPub Policies for Publisher Partners”), in addition to the Monetize Terms of Service, and any other relevant agreements You have entered into with MoPub. Capitalized terms used but not otherwise defined in these policies have the meanings ascribed to them in the Monetize Terms of Service.

Please note that we may change these MoPub Policies for Publishers at any time. It is Your responsibility to keep up to date with and adhere to the versions posted here. We may provide translated versions of these MoPub Policies for Publishers for your convenience, but the English language version will control and be used for enforcement.

If You have any questions about these MoPub Policies for Publishers, please contact your Account Team or policy@mopub.com.

Policies
I. Privacy Obligations
a. General Requirements
  1. General Compliance: You must comply with all applicable laws, including those concerning privacy and data protection, as well as any applicable self-regulatory regimes. If You use MoPub to access services provided by third parties, You must also adhere to such third parties’ requirements to the extent they do not conflict with Your obligations to MoPub. 
  2. Privacy Policy: You must, and must contractually require any applicable third parties to, conspicuously display and abide by a legally sufficient privacy policy on each application (“app”) within the Publisher Network. Such privacy policy must disclose the collection and processing of Service Data by third parties, such as MoPub, for personalized advertising purposes, and by measurement partners that are part of the Open Measurement Working Group to perform ad measurement and other services. 
  3. Consent: You must provide visible notice to, and where necessary, obtain legally sufficient consent from, end users regarding the scope of collection, use, sharing, or other processing of data by MoPub and MoPub Partners (as defined in the MoPub Privacy Policy) for personalized advertising purposes, including, for example, device identifiers, location information, and demographic and interest data. You must obtain affirmative consent for the collection of location data and the sharing of such data with MoPub.

    Unless You have a separate, written agreement with MoPub specifically related to obtaining consent from EU end users, You must display, and obtain consent through, the MoPub SDK’s consent solution, in order to serve personalized advertising to end users in the European Union, EFTA States, and the United Kingdom (subject to the limited exception described in section I(a)(3) below).

    MoPub may provide You access to impression-level data delivered through the MoPub SDK (“Impression Level Reporting”). If You receive Impression Level Reporting, You must obtain legally sufficient consent from Your end users before combining, commingling, correlating, associating, or merging any Impression Level Reporting data with personal data or enabling or allowing a third party to, combine, commingle, correlate, associate, or merge Impression Level Reporting data with personal data in any manner that exceeds the purposes authorized by such user consent.
  4. Reliance on Legitimate Interests: MoPub does not rely upon legitimate interests as a basis for processing personal data for personalized advertising purposes, and will not share personal data with Advertising Demand Partners on this basis. However, Publishers and Supported Advertising Mediation Partners may mutually decide, through a separate agreement, to rely upon legitimate interests as the legal basis for processing personal data for personalized advertising purposes. In such cases, (i) You may use the MoPub SDK to send a flag to Your chosen Supported Advertising Mediation Partners signaling this agreement, and (ii) You and Supported Advertising Mediation Partners process all personal data directly through the Supported Advertising Mediation Partner’s SDK, and MoPub does not engage in any personal data processing. To use the MoPub SDK’s legitimate interest flag, You and Supported Advertising Mediation Partners (a) must provide visible notice to applicable end users regarding Your reliance on legitimate interests for personalized advertising purposes, and (b) are prohibited from relying on legitimate interests when an end user has affirmatively provided, denied, or withdrawn consent for the processing of their personal data for personalized advertising purposes.
  5. California Do Not Sell: You are responsible for compliance with the California Consumer Privacy Act  (“CCPA”). If You use the Monetize Services in a way that causes MoPub to collect personal information from California residents, You will provide all notices and disclosures required by the CCPA, including by clearly and conspicuously posting a link to communicate to California residents that they may opt out of any sales of their personal information. Behind such link, You must explain to end users that they may opt out of any sales of their personal information either (i) by using their mobile device settings (on iOS, by enabling the “Limit Ad Tracking” setting (iOS version 13 and earlier only), or by disabling the “Allow Apps to Request to Track” setting (iOS version 14 and later only), and on Android devices, by enabling the “Opt out of Ads Personalization” setting), or (ii) through Your own mechanism to provide California residents with the option to opt out of the sale of their personal information under the CCPA. If You offer California residents the ability to opt out of the sale of their personal information through Your own mechanism other than by explaining that they may use their mobile platform settings to opt out as described above, You may not send MoPub any ad requests for Marketplace or MoPub Advanced Bidding for California residents that have opted out of the sale of their personal information using such other mechanism.
  6. Privacy Information and Opt Out Elements: You must add the informational and privacy elements required under applicable law or self-regulatory regimes to all interest-based native ads in order to allow users to opt out from interest-based advertising, and must not remove or obscure the visibility or functionality of privacy opt out elements from any advertising creatives displayed in Your Publisher Network.
  7. Rewarded Video: You must obtain legally sufficient consent from the end user to pass any customer ID to MoPub for the purpose of facilitating rewarded video ads.  You may not use such ID for any purpose other than rewarding the end user for video completion.
  8. Macros: You may not, and may not permit third parties to, use macros to collect, or otherwise allow for the collection of, any personal data (including device ID, IP address, keywords containing personal data, or location data) from Your end users in the European Union, EFTA States, or the United Kingdom. If You collect or enable the collection of personal data from end users in other jurisdictions via macros or otherwise through Publisher Ads, You must expressly disclose to such individual end users that such collection is solely on behalf of You or Your Advertisers (and not MoPub). As between MoPub and You, such data shall be Your or Your Advertiser’s confidential information, and shall be subject to Your or Your Advertiser’s posted privacy policy.
  9. Honoring Privacy Choices: You must respect all end user- or device-based privacy choices made known to You by MoPub or others, including those limiting ad tracking, age gating or rating, and the like.
  10. International Transfer: For Your end users in the European Union, EFTA States, and the United Kingdom, You shall provide clear notice of the legal bases on which You rely for the transfer of personal data outside of these countries, including to the United States and any other country where MoPub and MoPub Partners operate. You shall further notify such end users that the privacy and data protection laws in some of these countries may vary from the laws in the country in which such end users live.
b. Prohibition on Sensitive Personal Data
  1. Demographics/Interest Targeting: You may only send demographic or interest-based targeting data in the fields designated for such data, as described in the MoPub Materials. You may not include any personal data, including demographic or interest-based targeting data, in any fields intended for contextual targeting (i.e., targeting based on the content of the app).
  2. Sensitive Personal Data: You may not include in the data that You share with MoPub any personal data about an individual’s racial or ethnic origin, political opinions, religious or philosophical affiliation or beliefs, trade-union membership, health, sex life or sexual orientation, criminal convictions or alleged commission of an offense, genetic data, or biometric data. You may not use any feature or functionality of the Monetize Services to send, collect, share, track, infer, or identify such categories of data.
  3. Prohibition on Personal Information from Children and Child-Directed Apps: You must comply with the Children’s Online Privacy Protection Act (“COPPA”) in the collection and use of “Personal Information” (as defined by COPPA) from children under 13 years old. Absent a separate written agreement with MoPub, You may not provide MoPub with data from end users under age 13, and You may not  use the Monetize Services for any apps that (i) are directed to children under age 13 (even if children are not the app’s primary audience), or (ii) collect information from children that You know are under age 13. Absent a separate, written agreement with MoPub specifically related to COPPA and child-directed apps, if any of the apps within Your Publisher Network are designed for, or pass information knowingly obtained from, children under age 13, You are in violation of these MoPub Policies for Publishers and MoPub’s Monetize Terms of Service, and Your Account(s) may be subject to immediate termination. You must comply with all applicable laws governing the collection and use of data from children in any other jurisdictions where You have end users.
II. Content Restrictions
a. Prohibited Content

You are prohibited from using the Monetize Services if (i) any apps within Your Publisher Network feature any prohibited content categories listed below, or feature content otherwise prohibited by the Twitter Ads Policies, or (ii) You use the Monetize Services to advertise against such content categories. Note: each linked content category below directs to relevant Twitter Ads Policy with detailed information on the type of prohibited content.

Please review the information provided in the links above to ensure that Your Publisher Network does not feature any of the prohibited content categories listed herein. For any doubts or queries concerning prohibited content, please contact Your MoPub Account Team or policy@mopub.com.

b. Prohibited Content for Minors

In addition to the prohibited content listed above, You are prohibited from using the Monetize Services to feature the following products or services (i) to end users under the age of 18, or (ii) in an app that is directed to end users under the age of 18:

  • Alcoholic beverages and related accessories
  • Weapons, ammunition, or weapons training/certification, and related news and information
  • Projectiles, BB guns, or pellet guns/devices
  • Fireworks
  • Aerosol paint or etching cream capable of defacing property
  • Tobacco or tobacco accessories, including electronic cigarettes
  • Any controlled substance or paraphernalia
  • Drug paraphernalia
  • Any substance/material containing Salvia divinorum or Salvinorin A
  • Dietary supplement products
  • Tanning in an ultraviolet tanning device
  • Gambling products and services, including lotteries, casinos, etc.
  • Body branding such as tattooing, body piercing, or permanent cosmetics
  • Sexual content or content adult in nature
c. Restricted Content

If Your Publisher Network features any restricted content listed below or the restricted content in the Twitter Ads Policies, You may be permitted to use the Monetize Services provided You have the relevant controls and mechanisms in place in order to prevent the restricted content from:

  1. being made available to end users in countries where it is prohibited by applicable laws or regulations; and
  2. being shown to users below the applicable required legal age; and
  3. violating Twitter’s policies regarding restricted content as listed in the Twitter Ads Policies.

Please contact Your MoPub Account Team or policy@mopub.com should You have any questions about restricted content.

III. Other Compliance Obligations 

Your Publisher Network and Your distribution, data handling and business practices, will comply with and will not cause MoPub to be in violation of any applicable:

  • third party contractual terms, licenses, policies and guidelines, including terms governing Android or iOS mobile operating systems or any other operating system supported by MoPub now or in the future;
  • laws, consents, or disclosures required by integrating third-party technology with the Monetize Services, such as for measurement, viewability, or fraud detection;
  • intellectual property laws and license restrictions; and
  • legal, regulatory requirements and self-regulatory regimes.
IV. Technical Requirements
  • Impressions and clicks on ads must be the result of legitimate human end user activity. Invalid impressions or clicks, and any inducement, design, or encouragement of the same, including through use of “robots” or “spiders” by You or any third party, are prohibited. MoPub disclaims liability for any advertising fees based on invalid impressions or clicks, and shall determine what constitutes invalid impressions and clicks in its sole discretion.
  • Any content, app or activity that interferes with the operation of the Monetize Services, the normal operation of an end user’s device, or otherwise creates a safety or security risk to MoPub, any of the Monetize Services, Monetize UI, our customers, or any end users, is prohibited.
  • At a minimum, You must provide the following information with every ad request sent via the MoPub SDK:
    • Ad Unit ID, mapped to the correct app that is in use by the end user; and
    • Where provided by the device, app, or end user, any applicable Do Not Track, Limit Ad Tracking and/or COPPA regulation flags.
V. Betas

MoPub may, at its sole discretion and upon Your acceptance (including via email or in the MoPub UI), provide You early access to non-generally available alphas, betas, research studies, pilots, marketing services and/or other programs from time to time (collectively, “Beta(s)”). Betas and all information, data, or insights provided in connection with Betas are MoPub Confidential Information. Betas are provided “as is” and without warranty of any kind, and MoPub expressly disclaims all express or implied warranties in connection therewith. MoPub shall have no obligation to provide You access to or continued access to Betas. Your use of or participation in Betas is at Your own risk and may be subject to additional terms and conditions, as determined by MoPub at its sole discretion.

VI. Market Pricing Confidentiality

All pricing information, including revenue share or any information that would allow a third party to ascertain revenue share, is the confidential information of MoPub. You may not disclose pricing information, except as expressly permitted by MoPub in writing.

The highest bid may not always win an auction, such as when a buyer, seller, or MoPub specifies requirements on bidding terms, or specifies exclusions regarding who may buy inventory. Marketplace and MoPub’s unified auction allow for transactions in real time, and bids and offers may compete simultaneously against multiple other bids and offers.

MoPub makes no guarantee regarding the level of impressions of ads, the timing of delivery of such impressions or the amount of any resulting payment to be made.

Enforcement

In addition to all of our rights and remedies available under our terms, and at law or equity, if we suspect that any app within Your Publisher Network violates these MoPub Policies for Publishers or our Terms of Service, MoPub may suspend or terminate services for such app or Your Account(s). We may also suspend or withhold any payments to You, and/or decline to accept new apps into Your Publisher Network.