Accountability Program Bolsters Consumer Choice about Persistent ID, Location Use for Targeted Advertising

Arlington, VA – December 10, 2018 – The Online Interest-Based Advertising Accountability Program, an independent enforcer of the Digital Advertising Alliance’s self-regulatory Principles, released the results of inquiries into two advertising technology companies. The companies, Kiip and VRTCAL, updated their privacy disclosures and consumer opt-out tools to ensure that they met the requirements of industry best practices for interest-based advertising.

“Making opt-out tools easy to use and ensuring they are clearly described are essential components of the DAA Principles,” said Jon Brescia, Accountability Program Director of Adjudications and Technology. “We are pleased to see that Kiip and VRTCAL have taken this philosophy to heart.”

The Accountability Program routinely tests mobile apps for compliance with the DAA Principles. As part of this work, the Accountability Program tested a popular dating app, where it observed VRTCAL collecting user data—including precise location information—for IBA. Following a review of VRTCAL’s data collection practices and privacy disclosures, the Accountability Program found that the company did not meet the requirements for transparency and control under the Principles.

After receiving an Accountability Program inquiry letter, VRTCAL immediately indicated its strong support for consumer privacy and self-regulation and worked diligently to come into compliance fully with the DAA Principles.

VRTCAL:

• clarified its disclosures of its IBA business practices,
• added instructions in its privacy policy to help users opt out of IBA taking place on smartphones,
• revised its contracts to require that its partners get consumer consent before collecting precise location data through apps for IBA, and
• added instructions to its privacy disclosures explaining how to revoke location data permissions on smartphones.

Today’s second decision concerns the mobile advertising network Kiip, which the Accountability Program determined was collecting data through a popular exercise app. While similar in content to VRTCAL, the Kiip case is a continuation of the Accountability Program’s enforcement of the Cross-Device Guidance. These rules outline the industry standards for privacy when tech companies collect data across multiple devices associated with a single user, such as a laptop, smartphone, and tablet.

To come into compliance with these best practices, Kiip updated its privacy policy to make clear to the public that the company may collect and associate data across a user’s devices. The company also explained how users can opt out of each type of device it uses to power its cross-device IBA and how their opt out choices are implemented in a cross-device context.

Additionally, Kiip took steps to clarify its description of its opt-out tool for mobile IBA, ensuring that consumers had clear instructions of how to opt out of the company’s practices on smartphones. And like VRTCAL, the company also modified its privacy policy and contractual terms to provide consumers with enhanced notice and choice about the collection of their precise location data. Finally, Kiip appreciated the fact that privacy policy changes are prospective, creating an engineering solution to put this into practice. Kiip now ties each unique ID to a privacy policy version to ensure that it will always apply the relevant data collection and use policies.

Today’s case release brings to 95 the public actions taken by the Accountability Program.

 

Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.

 

 

 

 

Latest Decisions

Decision

National Advertising Division Recommends Procter & Gamble Modify or Discontinue Certain #1 Claims for Tide Free & Gentle

New York, NY – January 17, 2025 – The National Advertising Division recommended that P&G modify the claim “From Tide, the #1 brand used by dermatologists” when used in connection with imagery for Tide Free & Gentle and discontinue the related claim “From Tide, the #1 Trusted Detergent Brand for Sensitive...

Read the Decision Summary
Decision

National Advertising Division Recommends T-Mobile Discontinue “Families Can Save 20% Every Month Versus AT&T and Verizon” Claim

New York, NY – January 16, 2025 – In a Fast-Track SWIFT challenge brought by competitor AT&T, BBB National Programs’ National Advertising Division recommended T-Mobile discontinue its claim for 20% savings on monthly wireless services. 

Read the Decision Summary
Decision

National Advertising Division Recommends T-Mobile Discontinue “Save On Every Plan vs. The Other Big Guys” Claim

New York, NY – January 16, 2025 – In a Fast-Track SWIFT challenge brought by AT&T, BBB National Programs’ National Advertising Division recommended T-Mobile discontinue its claim that customers can “save on every plan vs. the other big guys.”  

Read the Decision Summary
Decision

National Advertising Division Recommends NuOrganic Cosmetics Discontinue Eyelash Serum Claims and Disclose Material Connections to Influencers

New York, NY – January 14, 2025 – The National Advertising Division recommended NuOrganic Cosmetics discontinue influencer videos containing unsupported claims for its eyelash serum, including “naturally grown long lashes,” and ensure material connections to affiliates are clearly and conspicuously...

Read the Decision Summary