Legal

MoPub Policies for Publisher Partners

Introduction

If you choose to use the MoPub Services, you are required to adhere to the following policies (formerly known as the “MoPub Policies for Supply Side Partners”), MoPub’s Terms of Service, and agreements you have entered into with MoPub, as applicable. If you fail to comply, we reserve the right to suspend your account or take any other appropriate action, as described in the Enforcement section below, and as indicated in any agreements you have with MoPub, MoPub’s policies, and MoPub’s Terms of Service. Capitalized terms used but not otherwise defined in these policies have the meanings ascribed to them in MoPub’s Terms of Service.

Please note that we may change our policies at any time. It is your responsibility to keep up to date with and adhere to the policies posted here.

If you have any questions about our policy guidelines, please contact your Account Team or policy@mopub.com.

Policies

I. Privacy Obligations

Requirements for Notice and Choice

Privacy Policy: Publisher Partners using the MoPub Services must conspicuously display and abide by a legally sufficient privacy policy on each application and/or service of 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. Publisher Partners must comply with all applicable laws, including those concerning privacy and data protection, and should take into account any applicable self-regulatory regimes that apply to their apps, distribution, data handling and business practices. If Publisher Partners use MoPub to access services provided by third parties, such as Supported Advertising Mediation Partners, or vice versa, Publisher Partners must also adhere to those entities’ policies to the extent they do not conflict with MoPub’s policies.

Consent: Publisher Partners must provide visible notice to, and where necessary, obtain legally sufficient consent from, the Publisher Partner’s users regarding the scope of collection, use, sharing, or other processing of data by MoPub and MoPub Partners for personalized advertising purposes, including, for example, device identifiers, location information, and demographic and interest data. Publisher Partners 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 users, you must display, and obtain consent through, the MoPub SDK’s consent solution, in order to serve personalized advertising to users in the European Union, EFTA States, and the United Kingdom (with the limited exception described in the “Publisher Partners’ Reliance on Legitimate Interests” section below).

MoPub may provide approved Publisher Partners access to impression-level data delivered through the SDK (“Impression Level Reporting”). If you receive Impression Level Reporting, you must obtain legally sufficient consent from your users before combining, commingling, correlating, associating, or merging any Impression Level Reporting data with personal data, and you may not enable or allow 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.

Publisher Partners’ 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, Publisher Partners and Supported Advertising Mediation Partners may mutually decide, through a separate agreement, to rely upon legitimate interests as their legal basis for the processing of personal data for this purpose, and Publisher Partners may use the MoPub SDK to send a flag to their chosen Supported Advertising Mediation Partners signaling this agreement. In these cases, all personal data is processed by the Publisher Partner and Supported Advertising Mediation Partners 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, Publisher Partners and Supported Advertising Mediation Partners must provide visible notice to users regarding their reliance on legitimate interests for personalized advertising purposes, and are prohibited from relying on legitimate interests when a user has affirmatively provided, denied, or withdrawn consent for the processing of their personal data for personalized advertising purposes.

California Do Not Sell: Publisher Partners are responsible for compliance with the California Consumer Privacy Act, or “CCPA.” If you use the MoPub 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 by using their mobile platform settings (on iOS, by enabling the “Limit Ad Tracking” setting, and on Android devices, by enabling the “Opt out of Ads Personalization” setting), or 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 a 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 MoPub Marketplace or MoPub Advanced Bidding for California residents that have opted out of the sale of their personal information using such other mechanism.

Privacy Information and Opt-Out Elements: Publisher Partners must add the informational and privacy required elements 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 on their apps.

Rewarded Video: Publisher Partners must obtain legally sufficient consent from the user to pass any customer ID to MoPub for the purpose of facilitating rewarded video ads and such ID must not be used for any purpose other than rewarding the user for video completion.

Macros: Publisher Partners must not use macros to collect, or allow for the collection of, personal data (including device ID, IP address, keywords containing personal data, or location data) from the Publisher Partner’s users in the European Union, EFTA States, or the United Kingdom.

Honoring Privacy Choices: Publisher Partners must respect all user- or device-based privacy choices made known to Publisher Partners by MoPub or otherwise, including those limiting ad tracking, age gating or rating, and the like.

International Transfer: For Publisher Partners’ users in the European Union, EFTA States, and the United Kingdom, Publisher Partners shall provide clear notice of the legal bases on which they 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, and shall further notify such users that the privacy and data protection laws in some of these countries may vary from the laws in the country in which such users live.

Prohibition on Sensitive Personal Data

Demographics/Interest Targeting: Publisher Partners must send any demographic or interest-based targeting data in the fields designated for such data, as described in MoPub’s technical documentation. Publisher Partners must 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).

Sensitive Personal Data: Publisher Partners may not include in the data that they 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 or use any feature or functionality of MoPub to send, track, infer, or identify such categories of data.

Prohibition on Personal Information from Children Under 13

Publisher Partners using the MoPub Services 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, meaning 12 years and younger.

Publisher Partners who sign up using this website may not provide MoPub with data from end users under age 13. Publisher Partners must not register for MoPub’s services using this website if any of their apps are either: (1) directed to children under age 13 (even if children are not the app’s primary audience), or (2) collect information from children that Publisher Partners know are under age 13.

Absent a separate, written agreement with MoPub specifically related to COPPA and child-directed apps, if any of a Publisher Partner’s apps are designed for, or pass information knowingly obtained from, children under age 13, that Publisher Partner is in violation of this policy and MoPub’s Terms of Service, and that Publisher Partner’s account is subject to immediate termination. Publisher Partners must comply with all applicable laws governing the collection and use of data from children in any other jurisdictions where they have end users.

II. Content Restrictions

Prohibited Content

Publisher Partners whose apps feature the prohibited content categories listed below, or feature prohibited content in the Twitter Ads Policies, or use the MoPub Services to advertise against such content categories, are prohibited in the MoPub Marketplace (note: each content category contains a link to the relevant Twitter Ads Policy with detailed information on the type of prohibited content).

Publisher Partners are encouraged to check the information provided in the links above in order to ensure that their apps do not feature any of the categories listed herein. For any doubts or queries concerning Prohibited Content, please contact your MoPub Account Team or policy@mopub.com.

Prohibited Content for Minors

In addition to the Prohibited Content listed above, Publisher Partners must not use the MoPub Services to feature the following products or services to users under the age of 18, or in an app that is directed to users under the age of 18:

  • Alcoholic beverages and related accessories
  • Weapons, ammunition, or weapons training/certification, and related news and information
  • Projectile, BB, 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
Restricted Content

Publisher Partners’ apps featuring the restricted content listed below, or the restricted content in the Twitter Ads Policies, may be permitted provided they have the relevant controls and mechanisms in place in order to prevent them from:

  1. serving in countries in which it is prohibited per applicable laws and regulations; and
  2. being shown to users below the 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 on the Restricted Content categories listed herein.

III. Compliance with Third Party Terms

Publisher Partners’ apps, distribution, data handling and business practices, must comply with any applicable:

  • third party contractual terms, licenses, policies and guidelines;
  • laws, consents, or disclosures required by integrating third-party technology in combination with the MoPub Services, such as for measurement, viewability, or fraud detection;
  • intellectual property laws and license restrictions; and
  • legal, regulatory requirements and self-regulatory regimes, etc. that apply to their ads, apps, sites, distribution, data handling and business practices.

IV. Technical Requirements

  • Invalid impressions and clicks are prohibited. Impressions and clicks on ads must be the result of legitimate human user activity.
  • Publisher Partners’ content, apps and use of the MoPub platform that interfere with the operation of MoPub’s network, with the normal operation of an end user’s device, or otherwise create a safety or security risk to the MoPub platform, our customers, or our end users, are prohibited.
  • Publisher Partners must provide the following information with every ad request sent via the MoPub SDK:
    • Advertising Identifier (AdID or IDFA) or other Device ID (e.g., ANDROID_ID) (Note: this information will not be collected by the MoPub SDK if an EU user does not consent to MoPub’s personalized advertising experience).
    • Ad Unit ID, mapped to the correct application that is in use by the end user
    • Where provided by the device, application or end-user, applicable Do Not Track, Limit Ad Tracking and/or COPPA regulation flags.

V. Betas

MoPub may, at its sole discretion and upon Publisher Partner’s acceptance (including via email or in the MoPub UI), provide Publisher Partner with early access to non-generally available alphas, betas, research studies, pilots, marketing services and/or other programs from time to time (“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 Publisher Partner with access to or continued access to Betas. Publisher Partner’s use of or participation in Betas is at Publisher Partner’s 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 and Publisher Partners may not share pricing information with any other party besides MoPub, except as expressly permitted by MoPub. In addition to MoPub’s other rights, MoPub reserves the right to terminate all Marketplace participation if there is a breach of this confidentiality.

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 its inventory. The MoPub Marketplace allows 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 an app violates these policies or our Terms of Service, it may be stopped from making ad calls and may be terminated and no longer accepted in MoPub. We may also suspend other apps by the same Publisher Partner for further investigation, terminate the Publisher Partner’s account, suspend or withhold any payments to the Publisher Partner, and/or decline to accept future apps from the Publisher Partner.

For any queries concerning MoPub Policies for Publisher Partners, please contact your MoPub Account Team or policy@mopub.com.

Effective: September 22, 2020