Welcome to ID5! We offer to You the ID5 Universal ID for digital advertising (“ID5 ID”) on your website and our associated products, applications, tools and services (collectively, “ID5 ID Publisher Offering”), provided that you agree to the following terms. Please review them carefully.
YOUR AFFIRMATIVE ACT OF ACCESSING, USING OR REGISTERING FOR ANY ID5 PRODUCTS OR SERVICES SIGNIFIES YOUR AGREEMENT TO THE FOLLOWING TERMS (“Terms”). YOU AGREE THAT THESE TERMS HAVE THE SAME EFFECT AS A CONTRACT SIGNED IN WRITING.
You may not sign-up or use the ID5 ID Publisher Offering (described below) if you do not agree.
Updated July 1, 2019
1. About the ID5 ID
A Publisher (“You” or “Publisher”) is the owner or operator of a website (“Publisher Site”) and desires to use the ID5 ID as described below on such website. ID5 and its affiliates (“We”, “Us,” or “ID5”) offer to Publishers: code, applications, tools, analytics, and proprietary methods and systems that include, without limitation:
a. Access to the ID5 ID, which has been specifically encrypted for You, to share with your digital advertising partners;
b. Analytical tools and data to help You analyze how and where you are requesting the ID5 ID; as well as content, functionality, and services offered on or through console.id5.io (“ID5 Console”);
c. Privacy-by-design tools for any privacy regulations (e.g. GDPR) to ensure you and your digital advertising partners remain compliant
We offer the standard ID5 ID Publisher Offering at no charge to Publishers in consideration of our Publishers passing the ID5 ID on to their digital advertising partners. Other customized or premium services, such as cookie matching, decrypting of the ID5 ID, and fee-based services (“Services”) may be subject to additional terms as agreed to by You and Us.
2. About these Terms
These Terms serve as a contract between You and Us and governs your use of the ID5 ID Publisher Offering. You agree to transact with Us electronically and to receive all terms and notices from Us by electronic means, either by email or by posting such notices online. You agree that these Terms may not be denied enforceable because they are in electronic form.
3. Registration and Obtaining the ID5 ID
You must register with Us to use the ID5 ID on Your Publisher Site. You must use the ID5 Website (https:/id5.io/universal-id) or email Us at email@example.com to request your ID5 partner number. You may not copy code from another site. You may not cache the ID5 ID for a user longer than specified in the documentation. You must complete the registration process and provide Us with information about You that is complete, accurate, and up to date. By registering, You agree to the Terms herein and to comply with all applicable laws and regulations. We will notify You of any significant feature changes or enhancements.
1) The ID5 ID Publisher Offering is available only to (i) individuals who are legally capable of entering into contracts (i.e., eighteen (18) years of age or older), or (ii) corporations and other legal entities authorized to form legally binding contracts under applicable law. We may refuse to offer the ID5 ID Publisher Offering to any person and may change our criteria for eligibility, at any time, in our sole discretion. We retain the right to terminate Your account and Your rights to use the ID5 ID Publisher Offering for any reason, including but not limited to, if We believe that any registration data You provide is or becomes untrue, inaccurate, not current, or incomplete, or if We believe in our discretion that You are in violation of these Terms.
2) You may access the ID5 ID Publisher Offering only through the software, interfaces and protocols provided or authorized by Us.
5. License for Usage Data and Cookies, Pixel Tags, Web Beacons and/or Other Similar Technologies, and Data Ownership
1) General. By implementing the ID5 ID Publisher Offering and using on Your Publisher Site, You agree that ID5 has the right to collect and use data related to visitors’ accessing Your Publisher Site (“Visitors”), including without limitation, data regarding the requesting of the ID5 ID on a pseudonymised personal data basis (“Usage Data”). You agree that We may deploy a cookie, pixel tag, web beacons and/or other similar tracking technologies when Visitors to a page on Your Publisher Site containing the ID5 ID Publisher Offering (e.g., ID5 userId module in Prebid.js or the ID5 API) in order for Us to provide you with analytics and to improve our products and services.
2) License. You grant to Us a non-exclusive, perpetual, royalty-free, worldwide, fully sub-licensable, and irrevocable right and license to:
b. Use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Usage Data for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the Usage Data into any of Our products or services, and to display, market and distribute the Usage Data as incorporated or embedded in any product or service distributed or offered by Us without compensation to You.
3) You also agree to provide appropriate notice of third party cookies, as described in the Privacy section below. Such data may be used to provide advertising of interest to such Visitors via your digital advertising partners. You understand and agree that We will give Visitors of Your Publisher Site the ability to opt out of the ID5 Cookies at any time by going to https://id5-sync.com/privacy/optout.
4) Data Ownership. In consideration of your access and use of the ID5 ID Publisher Offering, you agree that We will retain ownership of all data and information collected or obtained by Us from Visitors of Your Publisher Site. You own all data that You collect directly from the Visitors of Your Publisher Site.
6. Data Collection, Rights and Publisher Privacy Notices.
1) In consideration for Your access to and use of the ID5 ID Publisher Offering, You agree that We may set cookies, pixel tags, web beacons and/or other similar tracking technologies (collectively, “Cookies”) on Your Publisher Site where the ID5 ID Publisher Offering is enabled. When a Visitor accesses Your Publisher Site, We deploy a Cookie to store the ID5 ID and We collect Usage Data. ID5 will check that it has appropriate consent and will not collect or process personal data without it.
2) We use the following type of Cookie:
Targeted Advertising Cookies: Placed on Visitor’s device, it helps Us identify the user and enables the delivery of advertising that is customized to the Visitor’s interests and to keep track of how many ads the Visitors have seen by supplying the ID5 ID to your digital advertising partners.
3) Privacy Rules. “Rules” means all applicable data protection, electronic communications and privacy laws, rules, regulations, regulatory guidelines, as well as any applicable self-regulatory guidelines, including without limitation each of the Self-Regulatory Principles of the Digital Advertising Alliance (“DAA”), the Codes of Conduct of the Network Advertising Initiative (“NAI”), and the Principles of the European Interactive Digital Alliance (“EDAA”), and the General Data Protection Regulation (“GDPR”) as each set of principles may be amended from time to time.
4) ID5 Compliance with Rules. ID5 will comply with all Rules that apply in its provision of the ID5 ID Publisher Offering to You. We will post and maintain a privacy notice that discloses Our practices with respect to the handling of Usage Data. The privacy notice is available at https://id5.io/platform-privacy-policy (or such other location designated by ID5) and is subject to change at ID5’s discretion (“ID5 Privacy Notice”). In the event of any change in the Rules or in the legal or self-regulatory environment in any applicable jurisdiction, ID5 may, in its discretion, restrict Your use of or access to Our Services and/or the ID5 ID Publisher Offering in such jurisdiction, without liability to You or any third party.
6) Opt-Out Requirement for Publisher Site. The privacy notice on Your Publisher Site must enable Visitors to opt out of the collection and use of their data by You and provide a link to the ID5 Privacy Notice referenced above. Though You are ultimately bound by the contractual requirements herein, We’ve also provided a non-legalese communication on Your duties to Publisher Site Visitors in the Publisher Privacy Information.
7) Adherence to Privacy Standards. You will not (i) use the ID5 ID Publisher Offering or Services for the purposes of making decisions about a Visitor’s eligibility for employment, health care, credit or insurance, or for making decisions solely by automatic means where the decision has a significant effect on the Visitor, or in any way that does or can be used to discriminate against any person, or promote bigotry, racism or harm; (ii) provide to ID5 any data that falls under any of the sensitive data definitions contained in the Rules, as they may be revised from time to time; for publishers with EU/EEA users, you shall not collect nor process nor pass any personal sensitive data to ID5 (defined under GDPR); or (iii) provide to ID5 any data collected from websites directed to children under the age of 16 or from website users whose age You know to be under the age of 16. ID5 may at its sole discretion decline to receive Usage Data from Publisher Site.
8) Transfers of Personal Data. Usage Data may be transferred on a global basis. To the extent that the provision of the ID5 ID Publisher Offering involve any transfers of data (i) subject to data transfer restrictions or requirements under Directive 95/46/EC or any successor legislation; (ii) to countries, jurisdictions or recipients outside the EEA or Switzerland not recognized by the European Commission as ensuring an adequate level of protection pursuant to Directive 95/46/EC or any successor legislation; and (iii) not otherwise subject to an approved transfer mechanism that provides an adequate level of protection pursuant to Directive 95/46/EC or any successor legislation, such transfers between ID5 and You are made subject to the terms of the EU Standard Contractual Clauses for controller to controller (“Clauses”), as entered into between ID5 (acting in its own name and in the name and on behalf of its affiliates) and You (acting in Your own name and in the name and on behalf of Your affiliates). ID5 and You agree that incorporation of the Clauses into this Terms shall act as a legally-binding execution of the Clauses.
7. Reserved Rights and Restrictions
1) Reserved Rights. The content and software offered by or through the ID5 ID Publisher Offering and Our Website are owned by Us, our suppliers and/or third parties who post or make available such materials. The ID5 Applications and Our Website are protected by copyright and other intellectual property laws and treaties. We and our licensors reserve all rights not specifically granted to You.
2) Restrictions on ID5 ID Publisher Offering and Our Website. In regards to the ID5 ID Publisher Offering and/or Our Website, You shall not, except where permitted under the Apache License for our contributions to Prebid:
a. reverse engineer, decompile, or disassemble any aspect;
b. modify, adapt, or create derivative works;
c. reproduce, distribute, modify, create derivative works of, publicly display;
d. perform, republish, download, store or transmit any of the material;
g. copy the look and feel or give the impression that Publisher Site is a part or affiliated;
h. remove proprietary notices;
i. transfer these rights to any third party;
j. help anyone else to do any of the things prohibited in this paragraph.
3) Restrictions on Unlawful or Other Uses. You shall not use the ID5 ID Publisher Offering and/or Our Website in connection with any content, materials, sites, activities, or products that:
a. violate or infringe the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
b. offer for sale any content or products that incorporate the ID5 ID Publisher Offering or Our Website;
c. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, violent, inflammatory, hateful, indecent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of sexual acts;
d. victimizes, harasses, degrades, discriminates, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
e. impersonates any person, business or entity, including our employees and agents;
f. contains viruses, Trojan horses, works, time bombs or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
g. promotes any illegal activity, or advocates, promotes or assists any unlawful act or encouraging conduct that would constitute a criminal offense, or that gives rise to civil liability;
h. offers, promotes or encourages betting or wagering prohibited by law;
i. cause annoyance, inconvenience or needless anxiety or is likely to upset, embarrass, alarm or annoy any other person;
j. violates these Terms, guidelines, the anti-spam terms below, or any policy posted on these Terms;
k. interferes with the use of the ID5 ID Publisher Offering or Our Website by others;
l. are contests, sweepstakes, or solicitations;
m. merely link to third party sites.
4) You may not submit or cause to submit through the ID5 ID Publisher Offering or Our Website anything that is false or that You know is inaccurate. We may take any legal action and/or implement technical remedies to prevent the violation of these Terms.
8. About our software
We may automatically update software on your computer to improve the performance, features, and capabilities of such software. Any software and computer code provided by Us is a commercial item, as that term is defined in 48 C.F.R. 2.101, consisting of commercial computer software and commercial computer software documentation, as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.
9. Copyright Infringement
10. Export Laws
You may not access, download, use or export the ID5 ID Publisher Offering in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions and regulations of any United States or applicable agency or authority, and not to directly or indirectly provide or otherwise make available any services and products of ID5 in violation of any such restrictions, laws or regulations, including, without limitation, laws, restrictions or regulations pertaining to the development, design, manufacture or production of nuclear, chemical or biological weapons or missile technology. As applicable, you shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to your own use of the ID5 ID Publisher Offering outside the U.S. Neither the ID5 ID Publisher Offering nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country subject to U.S. trade sanctions, (Supplement No. 1 to Part 740, Export Administration Regulations, Country Group E:1), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By agreeing to these Terms, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
1) The ID5 ID Publisher Offering does not include advertising.
12. No Spam
The ID5 ID Publisher Offering or Our Website may not be used directly or indirectly to transmit spam or other forms of unsolicited bulk communications. You may not harvest information about Our users for the purpose of sending, or to facilitate the sending, unsolicited bulk communications. You may not induce or allow others to use the ID5 ID Publisher Offering or Our Website to violate the terms of this section. We have the right to terminate your access or use of the ID5 ID Publisher Offering or Our Website immediately and take any other legal action if You, or anyone using your access to the ID5 ID Publisher Offering or Our Website, violates these provisions. We may implement any technical remedies at our sole discretion to prevent unsolicited bulk communications from entering, utilizing, or remaining within our network system.
13. Representations and Warranty
1) Each party represents and warrants to the other party that (i) such party has the full corporate right, power and authority to enter into these Terms and to perform the acts required under these Terms, (ii) the execution and performance of these Terms by such party do not and will not violate any agreement to which such Party is a party or by which it is otherwise bound, (iii) when executed and delivered by such party, these Terms will constitute the legal, valid, and binding obligation of such party, and (iv) each party’s performance of its obligations under these Terms will not violate the intellectual property rights of any third party
2) You further represent and warrant that (a) You own or otherwise control all of the rights to the content and material that will be accessed through the ID5 ID Publisher Offering on Publisher Site and (b) each person depicted in any image on Publisher Site, if any, has provided consent to the use of the image on Publisher Site.
14. DISCLAIMER OF WARRANTIES
1) You understand that We cannot and do not guarantee or warrant that files available for downloading from the Internet, the ID5 ID Publisher Offering or Our Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
2) YOUR USE OF OUR WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ID5 PUBLISHER APPLICATIONS OR OUR WEBSITES IS AT YOUR OWN RISK. THE ID5 PUBLISHER APPLICATIONS, OUR WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ID5 PUBLISHER APPLICATIONS OR OUR WEBSITES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ID5 NOR ANY PERSON ASSOCIATED WITH ID5 MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE ID5 PUBLISHER APPLICATIONS OR OUR WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER ID5 NOR ANYONE ASSOCIATED WITH ID5 REPRESENTS OR WARRANTS THAT THE ID5 PUBLISHER APPLICATIONS OR OUR WEBSITE, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ID5 PUBLISHER APPLICATIONS OR OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ID5 PUBLISHER APPLICATIONS OR OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
3) ID5 HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
4) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. LIABILITY LIMITATION
1) LIABILITY LIMITATION
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR YOUR USE OF THE ID5 PUBLISHER APPLICATIONS AND/OR OUR WEBSITE IS TO DISCONTINUE YOUR USE OF THE SERVICE. IN NO EVENT WILL ID5, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE IN LAW OR EQUITY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ID5 PUBLISHER APPLICATIONS OR OUR WEBSITE, ANY WEBSITE LINKED TO THEM, ANY CONTENT ON THE ID5 PUBLISHER APPLICATIONS OR WEBSITE OR SUCH OTHER WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ID5 PUBLISHER APPLICATIONS OR OUR WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
2) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless ID5, its owners, employees, representatives and agents from all liabilities, claims, and expenses including attorney’s fees that arise from Your breach of these Terms. In addition, You agree to defend, indemnify, and hold harmless Us and our owners, subsidiaries, officers, directors, employees, representatives and agents from all liabilities, claims, and expenses — including attorney’s fees — that arise from Your use or misuse of the ID5 ID Publisher Offering or Our Website. You agree to defend, indemnify, and hold harmless Us and our owners, subsidiaries, officers, directors, employees, representatives and agents from any claim that a User Contribution violates Your or a third-party’s rights, including but not limited to, copyright rights, privacy or publicity rights, trademark rights, and patent rights.
You acknowledge that your breach of these Terms may cause irreparable harm to Us, the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which We may be legally entitled, We will have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of your officers, directors, employees, contractors, consultants, or other agents.
18. General Terms
These Terms makes up the entire agreement between You and Us regarding your use of the ID5 ID Publisher Offering and/or Our Website. We may assign these Terms at any time, with or without notice to You. You may not assign these Terms, or any part of it, to any other party, without our prior written authorization. You agree that the laws of the United Kingdom govern these terms and any claim or dispute that You may have against Us. You further agree that any disputes or claims that You may have against Us will be resolved by a court located in London, England, United Kingdom, and You agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. If for any reason a court finds that any provision or portion of these Terms is unenforceable, such term or condition will be enforced to the greatest extent allowable and the remainder of these terms will continue in full force and effect. We have the right to make changes to these Terms from time to time. When We make changes, We will post an updated version of these Terms at https://id5.io/universal-id/terms-and-conditions. The changes take effect after We post or provide notice of the changes. You understand and agree that by continuing to use the ID5 ID Publisher Offering after We post or provide notice of the changes to these Terms, You affirm your acceptance to the Terms as modified. Therefore, You should review these terms regularly to learn about any changes.
21. You may also reference ID5’s other terms and information, including: