Posted: April 13, 2023
Effective: April 30, 2023
You can see our previous AUP here
ANY CAPITALIZED TERMS USED IN THIS AUP, NOT DEFINED HEREIN, ARE DEFINED IN THE PLATFORM GENERAL TERMS OF SERVICE (“GTOS”).
The Platform Acceptable Use and Advertising Policy (“AUP”) provides guidance on what types of content are allowed, not allowed, and rules and requirements for accessing and using the Squaredance Platform and its services.
Squaredance enables Partners and Brands of all sizes, from around the world, to promote a wide variety of products and services across our Platform. We want to help you reach existing and potential customers and audiences. However, to help create a safe and positive experience we regularly review changes in online trends and practices, industry norms, and regulations. And, in crafting our policies, we also think about our values and culture as a company, as well as operational, technical, and business considerations. As a result, we have created a set of policies that apply to all services on the Squaredance Platform.
Squaredance requires that Partners, Brands, and Users of the Platform comply with all applicable laws and regulations and the Squaredance policies described herein. It is important that you familiarize yourself with and keep up to date on these requirements for the places where your business operates, as well as any other places your ads are showing. We have no obligation to review your ad content for compliance with these requirements and the AUP at any time. However, if we find or are notified of content that violates these requirements, we may request you to make changes or suspend your account until changes have been made, and in cases of repeated or egregious violations, we may permanently suspend or terminate you from the Platform.
You must follow these rules and must not help or induce others to break or circumvent these rules.
Act with integrity and treat others with respect
Do not scrape, hack, reverse engineer, compromise or impair the Platform
Only use the Platform as authorized by our Terms and Policies or another agreement with us
Honour your legal obligations
To protect our Platform community and business, the following intentional off-platform actions and behaviours are prohibited:
Taking or encouraging Platform Users off of the Platform for new, partial, or future off-platform partnership or services
Asking Users for, or using, contact or identity information in ways unrelated to partnerships, or that compromise the quality of the Platform partnership
Requiring Users to use other websites or applications to access Campaigns or Partner Services
Copyright and brand infringement
Squaredance prohibits copyright and brand infringement. This includes content that contains a trademark or logo or images that are identical to or substantially indistinguishable from the trademark or branding of another or they mimic the brand features of a product, person, or publication, etc., in an attempt to pass themselves off as a genuine product of the brand owner.
Examples of copyright and brand infringement: pages that mimic the look of a well-known publication (ex. Fox News, CNN, Women’s Life), use of celebrity images to imply an affiliation with a brand or celebrity when there is no relationship (ex. fake article about or from “Dr. Oz”)
Typosquatting (also called URL hijacking or domain mimicry) is another example, which is the act of buying URLs similar to famous or well-known ones in hopes that people type the wrong letter when entering a web address or so a page may seem more legitimate. We do not allow this and it, along with Cybersquatting, is illegal in the United States under the Anticybersquatting Consumer Protection Act.
Enabling dishonest behavior
We value honesty and fairness, so we do not allow the promotion of products or services that are designed to enable dishonest behavior.
Inappropriate content
We value diversity and respect for others, and we strive to avoid offending customers and others, so we do not allow ads or destinations that display shocking content or promote hatred, intolerance, discrimination, or violence.
Examples of inappropriate or offensive content: bullying or intimidation of an individual or group, racial discrimination, hate group paraphernalia, graphic crime scene or accident images, cruelty to animals, murder, self-harm, extortion or blackmail, sale or trade of endangered species, ads using profane language
Abusing the Platform
We want ads across the Platform to be useful, varied, relevant, and safe for customers and others. We do not allow ads, content, or destinations that are malicious.
Examples of abuse of the Platform: promoting content that contains malware; "cloaking" or using other techniques to hide the true destination that Customers are directed to; "arbitrage" or promoting destinations for the sole or primary purpose of showing ads; promoting "bridge" or "gateway" destinations that are solely designed to send customers elsewhere
Data collection and use
We want users to trust that information about them will be respected and handled with appropriate care. As such, our Brands and Partners should not misuse this information, nor collect it for unclear purposes or without appropriate security measures.
Examples of user information that should be handled with care: full name; email address; mailing address; phone number; etc.
Examples of irresponsible data collection & use: obtaining credit card information over a non-secure server; violations of our policies that apply to interest-based advertising and remarketing
Misrepresentation
We do not want Customers to feel misled by ads. We do not allow ads or destinations that intend to deceive customers by excluding relevant information or giving misleading information about products, services, or businesses.
Examples of misrepresentation: omitting or obscuring billing details such as how, what, and when customers will be charged; failing to display contact information, or physical address where relevant; making offers that aren't actually available; making misleading or unrealistic claims regarding weight loss or financial gain; "phishing" or falsely purporting to be a reputable company in order to get customers to part with valuable personal or financial information
General Prohibited Activities
The policies below cover content that is sometimes legally or culturally sensitive. Online advertising can be a powerful way to reach customers, but in sensitive areas, we also work hard to avoid showing these ads when and where they might be inappropriate.
For that reason, we allow the promotion of the content below, but on a limited basis. These promotions may not show to every user in every location, and Campaigns may need to meet additional requirements before their ads are eligible to run. Note that not all ad products, features, or platforms are able to support this restricted content.
Adult content
Ads should respect user preferences and comply with legal regulations, so we do not allow certain kinds of adult content in ads and destinations. Some kinds of adult-oriented ads and destinations are allowed if they do not target minors, but they will only show in limited scenarios based on user search queries, user age, and local laws where the ad is being served.
Copyrights
We abide by local copyright laws and protect the rights of copyright holders, so we do not allow ads that are unauthorized to use copyrighted content. If you see unauthorized content, submit a copyright-related complaint to us.
You should ensure that all email transmitted to promote a Brand’s Campaign (if permitted by a Brand) should comply and be consistent with the CAN-SPAM Act and other applicable federal, state and/or provincial laws, regulations and rules, including but not limited to identification of the message as an advertisement or solicitation, a physical postal address for the “sender” of the message (as that term is defined in the CAN-SPAM Act, 15 U.S.C. § 7701 et seq.), and a functioning electronic mechanism by which the recipient of the message can request not to receive future commercial messages from the “sender.” Without limiting any of the foregoing responsibilities and requirements, You should:
If You reside in Canada or emails are transmitted to persons residing in Canada, You should ensure that You have received consent to send any “commercial electronic messages” pursuant to Canada’s Anti-Spam Legislation (“CASL”) or any of its rules and regulations.
SMS/Text Messaging
If permitted by Brand, You should ensure that all SMS/text messaging transmitted to promote a Campaign should comply and be consistent with the Telephone Consumer Protection Act, CAN-SPAM Act and other applicable federal, state and/or provincial laws, regulations and rules, including but not limited to, ensuring there is prior written consent from recipients to receive marketing offers, identification of which company is sending the message and clearly stating the reason for contact, ability of recipient to opt-out of a company’s subscriber list by directly replying to the text, and removing from SMS/text messaging lists any phone numbers listed on the National Do Not Call Registry and individual state registries where applicable.
Financial services
We want Customers to have adequate information to make informed financial decisions. Our policies are designed to give Customers information to weigh the costs associated with financial products and to protect Customers from harmful or deceitful practices. For the purposes of this policy, we consider financial products and services to be those related to the management and investment of money, including personalized advice.
When promoting financial services and products, you must comply with state and local regulations for any region that your ads target — for example, include specific disclosures required by local law.
Trademarks
There are multiple factors that determine when trademarks can be used in Platform Campaigns. Along with the factors described herein, these policies apply only when a trademark owner has submitted a valid complaint to Squaredance.
COVID-19 Products
Squaredance supports the sale of products to help combat the spread of COVID-19 during this unprecedented global health crisis.
While we are committed to helping communities get what they need at this critical time, any COVID-19 related products sold through Squaredance’s platform must comply with our Terms and Policies.
These rules may change as the pandemic situation evolves, so please check back from time to time to ensure your products remain in compliance.
CBD Products
When promoting CBD products, you are always responsible for ensuring that you comply with all applicable laws, regulations, and legislation for any region that your ads target.
For example, in the United States, according to the federal Food and Drug Administration (“FDA”), all CBD products must comply with the Food, Drug, and Cosmetic Act. The FDA has also taken the position that it is not lawful to add CBD to food, dietary supplements, and pet foods. This rule applies, even if the product is defined as containing the hemp plant. Because of this, you must practice caution when selling and marketing CBD products. While it might be tempting to boast about CBD's medicinal properties to the whole world via online CBD marketing, the FDA does not approve of this and you should avoid the following: health and medical claims; untested and unsubstantiated assumptions and claims; and anything that has not been approved by the FDA.
Legal requirements
You are always responsible for ensuring that you comply with all applicable laws and regulations, in addition to Squaredance's advertising policies, for all the locations where your ads are showing.
Other restricted businesses
When people click on your ads, we want to be sure that they will not be exploited or deceived. We do not allow Brands to promote untrustworthy business practices.
False Advertising Claims
Material advertising claims must be substantiated. There are different types of false advertising claims.
Ad claim is literally false
Example “We are the only manufacturer of BPA-free bottles” is literally not true where a consumer can get a BPA-free bottle manufactured elsewhere.
Ad is implicitly false
An ad may technically be true but misleading at the same time so it is important to consider how and what might the consumer take to be the message.
Example – an ad claiming a product is “cholesterol free” might technically be true but is misleading if the product actually increases cholesterol levels
Ad is “false by necessary implication”
An ad may be literally true but has one unambiguous, false meaning in context.
Example – an ad claiming “No restaurant chef in New York uses an ABC mixer” which suggests that ABC makes a professional-grade mixer rejected by New York chefs – so while the statement may be literally true it would be false by necessary implication if ABC does not actually make a professional-grade mixer
Ad is not substantiated
The evidence required to substantiate an ad depends on what the claims say.
Example – the claim “two out of three doctors recommend ABC” requires a reliable survey Example – an establishment claim, such as “tests prove X,” or “studies show X,” must be supported by “competent and reliable scientific evidence”— i.e., tests, studies, or scientific evidence evaluated by qualified people, using methods accepted by experts
Substantiating Advertising Claims
When an ad contains a claim that can be measured or otherwise proved true or false, there must be a “reasonable basis” for the claims, i.e. the amount and type of substantiation experts in the field believe are reasonable to support to claim.
Health claims, for example, often must be substantiated by well-controlled, double-blind human clinical studies.
Important questions to ask if you are making health claims to sell your product or service
Endorsements and Testimonials
Marketers must disclose material connections with endorsers, and when using consumer testimonials that may represent an atypical experience with a product or service, they must clearly disclose the results that a consumer can generally expect.
Important questions to ask when using endorsements or testimonials
For more information, click here for FTC Endorsements guidelines and resources.
Negative Option Marketing
Includes pre-notification negative option plans, continuity plans, automatic renewals, and free-to-pay (or nominal fee-to-pay conversions) - these need to be accompanied by clear and conspicuous complete disclosures (e.g., prominent, stated clearly, placed where they will be read, close to where the consumers’ attention is likely to be focused). Negative option marketing rules and guidelines are covered under several US laws, including ROSCA.
Important questions to consider when you are marketing a negative option or continuity plan
Native Advertising
When you have paid to place an article about the features and benefits of your product or product category or that disparages a competitor’s product then you should be disclosing the sponsorship of the content.
Important things to consider when using native advertising
For more information, click here for a link to FTC: Made in USA guidelines and resources.
Sale and Free Claims
Consider the following when making “sale” or “free” claims
We would encourage you to check out these helpful resources on common advertising and marketing compliance issues:
We may, at any time and without notice, remove any content, and suspend or terminate your Platform User Account or your access to the Platform if you engage in activities that violate the terms or spirit of this AUP, including activities outside of your use of the Platform.
Squaredance has the right, but not the obligation, to monitor or investigate any content and your use of the Platform at any time for compliance with this AUP and the GTOS or any other agreement between you and Squaredance governing your use of the Platform. Our determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at our sole discretion.
Squaredance may modify this AUP at any time by posting a revised version here. By continuing to use the Platform or access your Platform Account after a revised version of the AUP has been posted, you agree to comply with the latest version of the AUP. In the event of a conflict between the AUP and the GTOS, this AUP will take precedence, but only to the extent required to resolve such conflict.
Reporting Violations
If you believe that a User, Campaign or Campaign Content has violated our Terms or Policies, you should report to Squaredance by contacting us here. If you reported an issue to local authorities, Squaredance may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
Copyright Notifications
If you believe that any content on the Platform infringes copyrights, please notify us.