Last updated: June 1, 2023
State-Specific Terms
These State-Specific Terms apply to any Meta Product whose product terms (“Applicable Product Terms”) incorporate by reference these State-Specific Terms, and these State-Specific Terms will supplement the Applicable Product Terms. We may make changes to these State-Specific Terms. By continuing to access or use any Meta Products subject to these State-Specific Terms after such changes, you will be bound by them.
For the purposes of these State-Specific Terms, “US Privacy Law” shall mean, to the extent applicable to you, the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“California Act”), the Colorado Privacy Act (“Colorado Act”), the Connecticut Act Concerning Personal Data Privacy and Online Monitoring (“Connecticut Act”), the Utah Consumer Privacy Act (“Utah Act”) and the Virginia Consumer Data Protection Act (“Virginia Act”). In addition, “Business”, “Controller”, “De-identified”, “Personal Data”, “Personal Information”, “Processor”, “Sale” and “Service Provider” as used in these State-Specific Terms shall be interpreted in accordance with US Privacy Laws, as applicable.
A. General Terms
- Limited Data Use. Meta’s Limited Data Use flag gives you the ability to control when Meta will act as a Service Provider or Processor under applicable US Privacy Laws with respect to Personal Information or Personal Data shared about individuals in states in which the Limited Data Use flag is available. Technical details on how to implement the Limited Data Use flag for the Meta Products listed in this Section A(1) are available in our developer documentation. This Section describes how Limited Data Use applies to certain Meta Products.
- Meta Business Tools and Audience Network.
For the following Meta Products, you must enable the Limited Data Use flag in order for Meta to operate as a Service Provider or Processor under these State-Specific Terms for Personal Information and Personal Data shared about people in the relevant state:
- App Events API [terms]
- App Events via Facebook SDK [terms]
- Bid Request and Ad Request via Audience Network SDK [terms]
- Meta Pixel [terms]
- Offline Conversions [terms]
- Conversions API (formerly known as Server-Side API) [terms]
- Customer List Custom Audiences [terms]. Customer List Custom Audiences does not require a Limited Data Use flag in order for Meta to operate as a Processor in the relevant state under the US Privacy Laws as specified in the Jurisdiction-Specific Terms below. However, in order for Meta to operate as a Service Provider for Customer List Custom Audiences under these State-Specific Terms for Personal Information shared about people in California, you must enable the Limited Data Use flag, as set forth in Section 2 of the California Terms below.
- Listed Products. Meta may amend the list of Meta Products in this Sections 1(a) and 1(b) from time to time.
- Your Obligations. You represent and warrant that you will:
- provide notice to individuals and obtain all consents, rights, authorizations, or other lawful basis regarding your sharing of Personal Information and Personal Data with Meta as required by applicable law, including without limitation the US Privacy Laws, and any Applicable Product Terms;
- be solely liable for your compliance with the US Privacy Laws when using Meta’s Products, including honoring opt-outs that individuals may exercise with you and implementing Limited Data Use.
- Processing. You agree that we may De-identify Personal Information or Personal Data received from you when using Meta Products listed in Section A(1)(a) and process such data in accordance with the Applicable Product Terms or as otherwise permitted by US Privacy Laws.
- No Admissions. You and Meta agree that the existence of these State-Specific Terms does not constitute an admission that sharing of Personal Information or Personal Data constitutes a Sale (as defined under applicable US Privacy Laws) or Share (as defined under the California Act).
- Conflicts. To the extent there is a conflict or inconsistency among the State-Specific Terms, the Data Processing Terms or other applicable product-specific data processing terms, and the Applicable Product Terms, the following order of precedence will apply to determine what governs (unless such terms(s) contradict a requirement under the US Privacy Laws in which case such requirement shall prevail): (a) these State-Specific Terms; (b) the Data Processing Terms or other applicable product-specific data processing terms; and (c) otherwise, the Applicable Product Terms. In addition, to the extent there is a conflict or inconsistency between the General Terms and the Jurisdiction-Specific Terms within the State-Specific Terms, the following order of precedence shall apply to determine the term(s) that govern: (a) the Jurisdiction-Specific Terms; and (b) the General Terms.
B. Jurisdiction-Specific Terms
In addition to the provisions of the General Terms above, the following supplemental Jurisdiction-Specific terms apply to the extent that you are a Controller or Business under the applicable US Privacy Law:
California Terms
- Limited Data Use.
- You may use the Limited Data Use flag for Personal Information shared about people in California when using the Meta Products listed in Section A(1)(a) of the General Terms.
- You may also use the Limited Data Use flag for Personal Information shared about people in California when using Customer List Custom Audiences and Meta will process such Personal Information to determine if the person is in California. If so, Meta will provide analytics services and will not process such Personal Information for Cross-Context Behavioral Advertising, and Section 2 of these California Terms will apply. If you share Personal Information about people in California when using Customer List Custom Audiences without the Limited Data Use flag enabled, then Section 3 of these California Terms will apply instead.
- Service Provider. The following terms will apply to the extent that, (i) for purposes of the California Act you are a Business, (ii) you share with Meta Personal Information about California residents which would otherwise constitute a Sale or Sharing, and (iii) either you use a Meta Product listed in Section A(1) of the General Terms with the Limited Data Use flag is enabled, or you use a Meta Product not listed in A(1) and the Applicable Product Terms designate Meta as a Service Provider or processor:
- Meta's Obligations. Meta will:
- process such Personal Information as a Service Provider on your behalf for one or more Business Purposes described in the Applicable Product Terms or as otherwise permitted by the California Act;
- not (a) Sell or Share such Personal Information nor (b) retain, use, or disclose such Personal Information outside the direct business relationship with you or for any purpose other than the Business Purposes specified in the Applicable Product Terms, including retaining, using, or disclosing such Personal Information for a Commercial Purpose other than performing the Business Purposes described in the Applicable Product Terms, unless otherwise permitted by the California Act;
- except to perform the specific Business Purpose or as otherwise permitted by the California Act, not combine Personal Information received pursuant to the Applicable Product Terms with Personal Information received from or on behalf of another person or source;
- comply with provisions of the California Act applicable to Service Providers, including with respect to any Personal Information collected pursuant to the Applicable Product Terms, providing the same level of privacy protection required of Businesses by the California Act, and notify you if Meta determines it can no longer meet these obligations;
- upon reasonable written notice, take reasonable and appropriate steps to make available to you information to demonstrate Meta's compliance with provisions of the California Act applicable to Service Providers in accordance with the Applicable Product Terms, Data Processing Terms or applicable product-specific data processing terms and to allow you to verify Meta's compliance with its obligations under these California Terms as set forth in the Applicable Product Terms, Section 7 of the Data Processing Terms, or applicable product-specific data processing terms or as otherwise determined by Meta;
- upon reasonable written notice from you that you reasonably believe Meta is using Personal Information in an unauthorized manner, Meta will take reasonable and appropriate steps to work with you to remediate the allegedly unauthorized use, if necessary.
- Your Obligations. You represent and warrant that you will notify Meta of any consumer request made pursuant to the California Act that you must comply with, and provide Meta with all information necessary to comply with the request.
- Third Party. The following terms will apply to the extent that, (i) for purposes of the California Act you are a Business, (ii) you share with Meta Personal Information about California residents which would otherwise constitute a Sale or Sharing, and (iii) either you use a Meta Product in Section A(1) of the General Terms without enabling the Limited Data Use flag; or you use a Meta Product not listed in A(1) and the Applicable Product Terms do not designate Meta as a Service Provider or processor:
- Meta’s Obligations. Meta will:
- process such Personal Information only for the purposes described in the Applicable Product Terms, or as otherwise permitted by the California Act, and you and Meta agree that you are making such Personal Information available to Meta for such purposes;
- in relation to such Personal Information, comply with applicable provisions of the California Act, including providing the same level of privacy protection required of Businesses by the California Act, and notify you if Meta determines it can no longer meet these obligations;
- upon reasonable written notice, take reasonable and appropriate steps to make available to you information to demonstrate, in relation to such Personal Information, Meta’s compliance with applicable provisions of the California Act in accordance with the Applicable Product Terms or as otherwise determined by Meta; and
- upon reasonable written notice from you that you reasonably believe Meta is using such Personal Information in an unauthorized manner, Meta will take reasonable and appropriate steps to work with you to remediate the allegedly unauthorized use, if necessary.
- Definitions. In addition to the definitions set out above in the preamble, the terms “Business Purpose,” “Commercial Purposes,” “Cross-Context Behavioral Advertising,” “Sell,” “Share,” and “Sharing” have the meanings defined in the California Act.
Colorado Terms
- Limited Data Use. You may use the Limited Data Use flag for Personal Data shared about people in Colorado when using the Meta Products listed in A(1)(a) of the General Terms.
- Processor: The following terms will apply to the extent that, (i) for purposes of the Colorado Act you are a Controller, (ii) you share with Meta Personal Information about Colorado residents which would otherwise constitute a Sale, and (iii) either you use a Meta product set forth in Section A(1) of the General Terms with Limited Data Use enabled, or you use a Meta Product not listed in A(1)(a) and the Applicable Product Terms designate Meta as a Service Provider or processor:
- Meta will process such Personal Data as a Processor on your behalf for the purposes described in the Applicable Product Terms or as otherwise permitted by the Colorado Act; and
- Meta’s Data Processing Terms or the applicable product-specific data processing terms will apply to Meta’s processing of Personal Data under the Applicable Product Terms, including as applicable Section 11 of the Data Processing Terms.
Connecticut Terms
- Limited Data Use. You may use Limited Data Use for Personal Data shared about people in Connecticut when using the Meta Products listed in A(1)(a) of the General Terms.
- Processor. The following terms will apply to the extent that, (i) for purposes of the Connecticut Act you are a Controller, (ii) you share with Meta Personal Information about Connecticut residents which would otherwise constitute a Sale, and (iii) either you use a Meta product set forth in Section A(1) of the General Terms with Limited Data Use enabled, or you use a Meta Product not listed in A(1)(a) and the Applicable Product Terms designate Meta as a Service Provider or processor:
- Meta will process such Personal Data as a Processor on your behalf for the purposes described in the Applicable Product Terms or as otherwise permitted by the Connecticut Act; and
- Meta’s Data Processing Terms or the applicable product-specific data processing terms will apply to Meta’s processing of Personal Data under the Applicable Product Terms, including as applicable Section 11 of the Data Processing Terms.
Utah Terms
- Processor. The following terms will apply to the extent that (i) for the purposes of the Utah Act you are a Controller, (ii) you share with Meta Personal Data about Utah Residents which would otherwise constitute a Sale, and (iii) either you use a Meta Product listed in Section A(1)(b) of the General Terms, or you use a Meta Product not listed in A(1)(a) and the Applicable Product Terms designate Meta as a Service Provider or processor:
- Meta will process such Personal Data as a Processor on your behalf for the purposes described in the Applicable Product Terms or as otherwise permitted by the Utah Act; and
- Meta’s Data Processing Terms or the applicable product-specific data processing terms will apply to Meta’s processing of Personal Data under the Applicable Product Terms, including as applicable Section 11 of the Data Processing Terms.
Virginia Terms
- Processor. The following terms will apply to the extent that (i) for the purposes of the Virginia Act you are a Controller, (ii) you share with Meta Personal Data about Virginia Residents which would otherwise constitute a Sale; and (iii) either you use a Meta Product listed in Section A(1)(b) of the General Terms above, or you use a Meta Product not listed in A(1)(a) and the Applicable Product Terms designate Meta as a Service Provider or processor:
- Meta will process such Personal Data as a Processor on your behalf for the purposes described in the Applicable Product Terms or as otherwise permitted by the Virginia Act; and
- Meta’s Data Processing Terms or the applicable product-specific data processing terms will apply to Meta’s processing of Personal Data under the Applicable Product Terms, including as applicable Section 11 of the Data Processing Terms.
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