Brands on Facebook What You Legally Need to Know - Ad Age Mini Law Lesson

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  • 1. Mini Law Lesson:Law of Brands on Facebook Brian Heidelberger bheidelb@winston.com
  • 2. IMPORTANT DISCLAIMER• I am not your attorney.• This is not legal advice.• But … My mom asked me to apologize 2
  • 3. Various Facebook Policies• Data Use Policies  https://www.facebook.com/about/privacy/• Statement of Rights and Responsibilities  https://www.facebook.com/legal/terms• “Pages” Terms (includes ‘promotions’ terms)  http://www.facebook.com/page_guidelines.php• Advertising Terms  https://www.facebook.com/ad_guidelines.php 4
  • 4. 5
  • 5. Terms Governing Brand Page• Brand may:  post or link to a policy about what content it will remove; and  what user actions may cause Brand to ban a user.• Brand may not:  threaten legal action; or  claim rights to user content posted to your Page. 6
  • 6. Cover Photo on Brand Page• Brand Can’t Include:  price or purchase information  contact information;  references to Facebook features or actions; or  calls to action 7
  • 7. Conducting Promotions• Applies to “contests” or “sweepstakes”• Promotion must be ‘administered’ in a platform application  collecting entries, conducting a drawing, judging entries, or notifying winners• Apps should not include any features found on the main page, such as the “Like” button• Game Rules Must Include:  A release of Facebook  Disclaimer of Affiliation  Notice that Entrant is Providing PI to Brand [and not Facebook]• Must Notify winners via their email (not DM)• Must have your own privacy policy 8
  • 8. Do’s and Donts of ConductingPromotions• Brand may not use any native Facebook functionality as a method of entry  Prohibited: "like our page to enter“  Permitted: “like our page and then enter”  Prohibited: "post a photo on our page to enter”  Permitted: “post a photo on our app to enter”  Prohibited: “we’ll randomly select a Facebook fan of the day to win a prize?”  Permitted: “we’ll randomly select a Facebook fan of the day (“no prize”) 9
  • 9. Collecting PersonalInformation (“PI”)• Brand must:  Give Notice that entrant is providing PI to Brand [and not Facebook]• Have its own privacy policy  URL of policy on its canvas or website and in the Developer App privacy field• Must gain consent of user before collecting• Must only collect PI on app, not main Page 10
  • 10. Collecting PI on Facebook(cont.)• Brand may not:  Use concepts that undermine Facebook • encourage users to remove friends or connections; take over a user’s profile, even if user consents; encourage users to tag anything other than real people; notify users of friend removal;  Don’t automatically post user PI upon submission • obtain consent using check box explaining content will be shared 11
  • 11. Making Offers• Brand must:  Comply with law  Disclose restrictions  communicate with any participating merchant over offer made by Brand relating to such merchant  not use Facebook’s offer creator to offer the equivalent of a gift card, gift certificate or stored value card 12
  • 12. Referral Based Rewards• Brand may not:  directly tie incentives to the use of its Social Channels • e.g. rewarding for posting a stream story or sending a request• Brand may: indirectly tie to the potential in-app reward. 13
  • 13. Permitted Indirect TieIncentive• Incentive based on the number of friends that accept invite  No reward for sending, only potential to earn rewards if the user has friends who accept invite 14
  • 14. Places and “Like” Incentives• Places – Check In  Brands may incentivize users to check-in to places  Brands may not use check-in to register users for a promotion.• Like Button - Rewarding Fans  Brands may give incentives for “liking” provided the incentive is open to all new and existing users who Like your Page.• Permitted Incentives  Coupons/Rebates, Exclusive Content, Eligibility to Enter a Promotion, Donating to a Charity Based on Number of Page Likes 15
  • 15. Sponsored Stories• User "likes" a company, checks-in at one of its stores, or performs certain other actions members picture/name appears as ad.• Facebook agreed to settle.• Facebook still trying to sell service to Advertisers• No lawsuits against advertisers to date.• Facebook has changed practices with regard to sponsored stories.  Increased visibility  Allow control how appear  Allow minors to opt out completely 16
  • 16. Referencing Facebook inAdvertising• Brands may:  Make truthful references about presence on Facebook  Say like our Page or become a fan by clicking Like on our Page‘ • Not ‘friend’  “Facebook” should be in the same font size and style as the other content  “Facebook” should be capitalized• Brands may not:  Imply endorsement by Facebook  Link to pages other than the Facebook.com login page or brand page, i.e., facebook.com/Brand  “Do not use Facebook as a verb • “Facebooking” 17
  • 17. Use of Facebook Logos andMarks In Advertising• Brands may not:  Use logos in broadcast advertising without permission  Combine Facebook logos with other IP  Use Facebook logo  Use Facebook “Like” button in online advertising • Brand may use in offline communications.  Modify “f” Logo 18
  • 18. Use of Screenshots inAdvertising• Brands may not:  Use screenshots without written permission from Facebook and user  Modify screenshots  Use screenshots of user without consent 19