https://shortscars.blogspot.com/ ADVERTISING POLICY
Effective: September 28, 2018Definitions used hereby shall have the following meaning:
“Account” or “Profile” means a record with Online Resource that stores data identifying User and data provided/entered by User.
“Administration” or “ShortsCars” means ALLABOUTME SOCIAL MEDIA LIMITED, a company duly incorporated in the Republic of Ireland at The Black Church, St. Mary’s Place, Dublin 7, D07 P4AX, Ireland.
“Advertisement” means an online advertisement as notice or announcement on Online Resource promoting the Content, products, services, events, websites and other kinds of data provided by Advertiser.
“Advertiser” means a person that orders Advertisement on Online Resource through Business Profile.
“Advertising Campaign” means Advertisement ordered by Advertiser on Online Resource with relevant criteria, budget and duration.
“Business Profile” means a special profile of User that allows access to Services of Online Resource which can be used for commercial or business purposes.
“Content” means objects located at Online Resource, including information, design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds and etc. that belong to Administration, Users, third parties.
“Governing Law(s)” means applicable laws of Administration’s jurisdiction.
“Online Resource” means an Internet resource for the exchange of information, messages, publications, located at and limited to ShortsCars
“Services” mean functionality, services, content and tools available to Users at Online Resource.
“Advertising Policy” or “Policy” means this Advertising Policy that defines rights and duties of Administration, Users and third parties, who are not Users of Online Resource, but whose rights and interests might be affected as a result of actions of Users of Online Resource.
“User” means any legally capable individual person who has the right of access to Account on Online Resource.
Other definitions which may be used in the Policy shall have the same meaning as it’s provided by the Terms of Use.
1. General Terms
1.1. User who activated Business Profile shall have a possibility to order Advertisement Campaign(s) on Online Resource in compliance with this Advertising Policy.
1.2. ShortsCars intends to ensure that any User of Business Profile shall provide relevant, accurate, and fair Advertisement on Online Resource. Accordingly, ShortsCars reviews proposed Advertisement (Advertising Campaign) to ensure the compliance with such objectives, which are more specifically described in this Advertising Policy. While the Policy contains certain categories of prohibited and restricted Advertisement, the Policy is neither an exhaustive list of all regulated categories of Advertisement nor of each regulation related to any single category. ShortsCars regularly reviews the objectives and policies of Online Resource in light of emerging advertising trends, methods, and regulations, of the values and preferences of its Users, and of other operational considerations. Accordingly, ShortsCars reserves the right to amend this Policy at any time without notice and to modify, reject, or remove any Advertisement, including Advertisement not explicitly prohibited by the Policy, in its sole discretion.
1.3. Any cancellation or modification of Advertising Campaign shall be done by User through Business Profile.
1.4. Special limitations on creation of Advertising Campaign:
(i) User may create (order) Advertising Campaign only in relation to Content (e.g., posts in User’s Account, User’s magazines) that such User owns;
(ii) For each Content’s item in User’s Account can be created only one active Advertising Campaign.
1.5. Removal of advertised Content.
User may not delete advertised (promoted) Content on Online Resource in relation to which Advertising Campaign is activated or requested for activation (being moderated by Administration).
2. Compliance with the Policy and Legal Requirements
2.1. It is the responsibility of Advertiser to ensure that Advertisement complies with all applicable laws, rules and regulations, this Policy, the ShortsCars Terms of Use and any specific instructions provided by Administration.
2.2. While this Advertisement Policy may reflect certain legal requirements that are applicable to Advertisers within particular industries, this Policy is not a legal advice. There is always a legal possibility that Advertiser may be obliged to fulfill some legal requirements and regulations applicable to specific industry. ShortsCars urges Advertisers to get a legal advice regarding appropriate advertising practices for their industries, locations, and any additional locations targeted for advertising.
2.3. Anyway, Advertisement shall be compliant inter alia with the following Irish and EU legislation:
- The Irish Consumer Protection Act 2007;
- The Irish Broadcasting Act 2009;
- The Irish National Lottery Act 2013;
- The Irish Consumer Credit Act 1995;
- The Irish Copyright and Related Rights Act 2000;
- The Irish Trademarks Act 1996;
- The Irish Patents Act 1992;
- The Irish Data Protection Acts 1988 and 2003;
- The EU General Data Protection Regulation 2018
- The European Communities (Misleading and Comparative Marketing Communications) Regulations 2007;
- The European Communities (Misleading Advertising) Regulations 1988;
- The Irish Sale of Goods and Supply of Services Act 1980;
- The Medicinal Products (Control of Advertising) Regulations 2007;
- The Irish Competition and Consumer Protection Act 2014; and
The following industry codes of practice adapted in the Republic of Ireland shall be duly and carefully considered before placing any Advertisement on Online Resource:
- the ASAI Code;
- the Alcohol Marketing, Communications and Sponsorship Code of Practice (the alcohol industry’s voluntary code);
- the Mature Enjoyment of Alcohol in Society (MEAS) Code of Practice;
- the ComReg Code of Practice on Premium Rate Services;
- the Central Bank of Ireland Consumer Protection Code 2012 (for financial advertising);
- the Irish Direct Marketing Association - Code of Practice on Direct Marketing; and
- the Grocery Regulations 2016.
3. Prohibited Advertisement and Practices
3.1. There is a general prohibition on any Advertiser’s actions intending to circumvent the Policy.
3.2. Administration prohibits Advertisement related to the following categories of products and services on Online Resource:
3.2.1. Products or Services in Violation of UN Sanctions.
Advertisement may not relate to products or services that represent trade with countries or territories which are subject to embargoes or trade sanctions by the United Nations.
3.2.2. Hazardous Products or Services.
Advertisers may not use Online Resource to promote the usage or sale of hazardous, dangerous, or injurious products or services, including products subject to consumer recalls, explosive materials or fireworks, recreational drugs or substances, biohacking materials, weapons, guns, ammunition, tobacco products, and related products or services.
3.2.3. Products or Services that Facilitate Illegal, Fraudulent, or Misleading Behavior.
Products or services may not be advertised on Online Resource that facilitates illegal, fraudulent, or misleading behavior.
3.2.4. Deceptive, Untrue, or Misleading Advertising.
Advertisers using Online Resource must ensure their Advertisement is truthful, non-deceptive, and defensible. Advertisers may not use techniques that are deceptive, untrue, or misleading, including failing to disclose material terms of an offer or service, irresponsible use of the term “free,” offering software that includes undisclosed collection of personal data or malicious applications, promoting products that facilitate spam, or making factual claims unsupported by a reasonable basis.
3.2.5. Advertisement must not mislead Users into interacting, including Advertisement that simulates system or site warnings/error messages or appear to offer a functionality that is not present within the Advertisement.
3.2.6. Offensive, Indecent or Inappropriate Content.
Advertisers may not use Online Resource to distribute offensive, indecent or inappropriate Content.
3.2.7. Inappropriate Targeting.
ShortsCars intends to offer useful and relevant Advertisement to its Users. Therefore, all targeting must be relevant, appropriate, and in compliance with relevant legal obligations of Advertiser according to the all applicable laws, rules and regulations. Advertiser shall ensure in particular that goods or services not targeted to regions where they are illegal; there is no illegally discriminating Advertisement; Advertisement is not likely to provoke or cause outrage; relevant products or services are age-restricted and not targeted to minors etc.
3.2.8. Counterfeit Products.
Advertisement may not promote or offer for sale counterfeit products, including goods with a mark or logo that is likely to be confused with the trademark of another.
3.2.9. Political Advertisement.
Any public communications relating to a political issue or made via Online Resource by a political (public) person or organization.
4. Restricted Advertisement
In addition to the prohibitions on certain categories of Advertisement, ShortsCars also enforces limitations on certain products and services may be advertised on Online Resource.
The following items belong to restricted Advertisement categories:
4.1. Alcohol Products.
Advertisement related to alcoholic beverages or products must:
(i) target individuals above the legal-drinking age;
(ii) marketing communications and product promotions must be transparent as brand marketing by being identified as such;
(iii) comply with all applicable laws, rules and regulations, which may include those applicable to the location of Advertiser’s business and of the target audience; and
(iv) comply with industry standards, including The Alcohol Beverage Federation of Ireland Digital Media Best Practice Principles.
4.2. Gambling, Related Products and Services
4.2.1. Gambling is defined as:
(a) gaming;
(b) betting;
(c) lotteries;
(d) bingos;
(e) amusement arcade games.
4.2.2. Any Advertisement for gambling and related products and services must:
(i) ensure minors are not the target of such Advertisement;
(iii) not violated responsible gambling requirement;
(ii) comply with all applicable laws, rules and regulations, licensing requirements, including but not limited to the location of the business, the location of a target audience;
(ii) comply with industry standards.
4.2.3. Any Advertisement for gambling and related products and services shall not:
(i) portray, condone or encourage gambling behaviour that is socially irresponsible or could lead to financial, social or emotional harm;
(ii) suggest that gambling can provide an escape from personal, professional or educational problems such as loneliness or depression;
(iii) state or suggest that gambling may be a way to solve financial or personal issues, or represent it as an alternative source of income or substitution for working;
(iv) portray gambling as indispensable or as taking priority in life; for example, over family, friends or professional or educational commitments;
(v) suggest that gambling can enhance personal qualities including for example, that it might improve self-image or self-esteem, or is a way to gain control, superiority, recognition or admiration;
(vi) suggest peer pressure to gamble or disparage abstention from gambling;
(vii) link gambling to seduction, sexual success or enhanced attractiveness;
(viii) portray gambling in a context of toughness or link it to resilience or recklessness;
(ix) suggest gambling is a rite of passage.
(x) suggest that solitary gambling is preferable to social gambling;
(xi) state or imply a promise of winning or portray unrealistic outcomes.
4.3. Adult-Oriented Products or Services
4.3.1. Only certain categories of products or services that are intended for adult audiences may be advertised on Online Resource. If promotion of the product or service is permitted, ShortsCars may restrict the method of promotion.
4.3.2. The following categories of adult-oriented products and services are strictly prohibited:
(i) products or supplements claiming to provide sexual enhancement; and
(ii) services, including dating services, that provide for casual sex, international matchmaking, escorts, prostitution, intimate massages or other, similar services.
4.3.3. Promotion of permissible adult-oriented products and services must not:
(i) target minors;
(ii) include sexually explicit images or text;
(iii) violate all applicable laws, rules and regulations, which may include those applicable to the location of the business or of the target audience;
4.4. Health, Medical and Pharmaceutical Products & Services
ShortsCars restricts Advertisement of certain health, medical and wellness products and services. In addition to this Policy, all Advertisement must comply with all applicable laws, rules and regulations, licensing requirements, and industry standards. Advertisers are responsible for geo-targeting in compliance with country-specific laws, rules and regulations.
Advertising for medical products that are available on medical prescription only is prohibited.
4.5. Financial Services
4.5.1. Advertisement related to the exchange, management or investment of funds must comply with all applicable laws, rules and regulations, licensing obligations, and industry requirements.
4.5.2. For all Advertisement within this category ShortsCars shall require disclosure in relation to evidence of appropriate regulator and/or third-party accreditations or certifications, proper disclosure of all services and fees which may be applied to the customers.
4.6. Live Animals
Advertisement promoting live animals’ sale is generally prohibited. Meanwhile, ShortsCars permits Advertisement related to bona fide pet adoption.
4.7. Third-Party Rights
ShortsCars restricts any kind of Advertisement that may infringe upon the rights of third parties, including copyrights, trademarks, other intellectual property rights, rights to privacy or publicity, or other personal or proprietary rights. If a proposed Advertisement includes third-party content that has been authorized for such use, Advertiser may be required to submit relevant documentation evidencing such authorization.
5. Editorial Requirements
5.1. Administration has the right to moderate, check the Content and style of Advertisement, as well as the URL and landing page of any promoted website, to ensure that they are consistent with the following standards:
5.1.1. Style Policies.
Advertisement on Online Resource shall be set forth clearly and concisely. Below are general guidelines for effective communication using Online Resource:
(i) Use correct spelling, grammar, and punctuation.
(ii) Do not use excessive punctuation, capitalization, or symbols.
(iii) Unless required by applied law or by a regulatory authority, do not include personal information in the headline title, such as a telephone number, contact address.
(iv) Headline titles are limited to 50 characters, including spaces.
(v) Thumbnail images may not exceed a file size of 10 MB.
(vi) Must not contain text that is difficult to read.
5.1.2. Content Policies.
Advertisement is a reflection of the product or service that is being promoted. Accordingly, Advertisers should endeavor to achieve relevancy, accuracy, and fairness in promotion.
Advertisers must ensure that the destination URL and the landing page corresponding to the advertised product or service maintain the same level of quality expected for Content on Online Resource. For example, landing pages may not be designed primarily to serve Advertisement or contain features that inhibit a user’s ability to interact with or leave the page, including features such as pop-up or pop-under advertisements, misleading dialog boxes, or non-functional buttons. In addition, the landing-page URL must match that of the Advertisement, must not be solely designed to send a user elsewhere, and must not contain or refer to any content that would be otherwise prohibited by the Policy.
5.1.3. Clickbait.
Advertisement shall no pressure or trick users with baiting Content. Administration doesn’t allow sensational clickbait tactics that exploit user curiosity by:
- Playing on fear;
- Critiquing deficiencies;
- Damaging self-esteem;
- Using alarmist or gawk-worthy language or images;
- Purposefully withholding critical information.
6. Data Protection
6.1. The General Data Protection Regulation (GDPR) is effective as of May 25, 2018. It applies to companies (regardless of where they are based) who process personal data about individuals in the European Union. Advertisers who advertise on Online Resource are responsible for ensuring their own compliance with the GDPR or any other applicable laws on data protection.
6.2. Privacy.
Any publication (post) on Online Resource that is promoted via Advertisement Campaign shall always have a public status. This means that such publication shall be available for everyone regardless type of Account (public or private).
7. Consequences for Violations
7.1. In its sole discretion, ShortsCars may determine the consequences for a violation of this Policy or of the rejection of any submitted Content, Advertisement or Advertising Campaign. Consequences may include the following:
(i) Disapproval: Advertising Content in conflict with this Policy or determined to be inappropriate for Online Resource in Administration’s sole discretion may be disapproved by ShortsCars.
(ii) Restriction: ShortsCars, in its sole discretion, may restrict or entirely prevent certain domains, websites, or Services from using Online Resource.
(iii) Suspension: ShortsCars, in its sole discretion, may suspend a Business Profile from contributing Content to Online Resource. If a Business Profile is suspended, any related Accounts and Content from such accounts will be suspended as well.
7.2. There are also statutory requirements affecting the advertising of certain products and services. Advertisement on Online Resource may be restricted at any time by Administration in virtue of such requirements.
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