Last Updated: December 31, 2023
This Amazon Attribution Beta Agreement (the “Attribution Agreement”) contains the terms and conditions that govern your access to and use of the Beta Service (as the term is defined below) and is further to, and a part of, the Amazon Advertising Agreement (“Agreement”) among Amazon, you, and Advertiser (if applicable). Capitalized terms have the meanings given to them in the Agreement or in this Attribution Agreement. In the event of any conflict between terms or Capitalized terms in the Agreement and the Attribution Agreement, the order of precedence shall be the Attribution Agreement and then the Agreement.
1.The Beta Service. During the Term, Amazon will provide analysis services related to Customer’s ad campaigns (the “Campaigns”) (the services, the “Beta Service”) which is a part of Ad Services. The Beta Service may include, in a form selected by Amazon, technical means to enable provision of the analysis services (e.g., an ad tag) (the “Technical Means”) and reporting based on the analysis Amazon performs (the “Reports”). Data from your Campaigns analyzed for the Beta Service and Reports will not be used in other Ad Services without your approval.
2.Service Territory. The Beta Service is offered in the United States, Mexico, United Kingdom, Germany, Canada, France, Italy, Spain and Netherlands.
3.Collection and Use of Data. Amazon will collect data related to the performance of the Campaigns through the Technical Means (the “Tag Data”) necessary to provide the Beta Service. Amazon will use and disclose the Tag Data: (i) to provide the Beta Service; and (ii) for reporting, internal diagnostics, maintenance, and improvement of Amazon’s systems used to provide the Beta Service. Nothing in this Attribution Agreement grants Customer the right to access, use or disclose Tag Data except through the Reports.
4.EU Data. To the extent that the Tag Data contains EU Data, the parties acknowledge and agree that any processing of such EU Data shall be done pursuant to the Data Processing Addendum, which is located here.
5.U.S. State Privacy Laws. To the extent Tag Data contains Personal Data subject to requirements under U.S. State Privacy Laws (as defined in this section), (A) Amazon will not: (i) sell, rent, lease or sublicense such Personal Data; or (ii) retain, use, or disclose such Personal Data for any purpose other than for: (a) providing the Beta Service as described in this Attribution Agreement, (b) security and fraud detection, debugging, forecasting, reporting and measurement, and improving and developing features for the Beta Service, and (c) as may otherwise be permitted under U.S. State Privacy Laws; and (B) you hereby agree to the U.S. State Privacy Laws Addendum, which is located here and incorporated herein by reference; for avoidance of doubt, "Customer Personal Data" as defined in the U.S. State Privacy Laws Addendum does not include data gathered pursuant to the delivery of campaigns not purchased through Amazon Ads. In this Attribution Agreement, “Personal Data” has the meaning given to it: (i) under CCPA for the term “personal information” or VCDPA for the term “personal data” when used in connection with users in the US; (ii) GDPR, when used in connection with users in the European Economic Area and the United Kingdom; and (iii) and as otherwise defined in applicable Law; and “Law(s)” means all laws, rules, and regulations applicable to a party’s performance of its obligations hereunder (including but not limited to, if and to the extent applicable, each of the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”) and Directive 2009/136/EC of 25 November 2009, and each successor or implementation regulation, directive or other text of either of the foregoing, California Consumer Privacy Act of 2018, as amended, including by the California Privacy Rights Act of 2020, and the rules and regulations promulgated thereunder (“CCPA”), the Colorado Privacy Act, and the rules and regulations promulgated thereunder ("CPA"), the Connecticut Data Privacy Act, and the rules and regulations promulgated thereunder ("CTDPA"), the Virginia Consumer Data Protection Act ("VCDPA"), as amended, and any rules and regulations promulgated thereunder, the Utah Consumer Privacy Act 2022, and any rules and regulations promulgated thereunder ("UCPA") (the CCPA, CPA, CTDPA, VCDPA and UCPA collectively, the “U.S. State Privacy Laws”), and the self-regulatory guidelines published by the Digital Advertising Alliance and the European Interactive Digital Advertising Alliance. Any reference to the applicable law of the European Economic Area, including the GDPR, that is directly applicable or directly effective in the United Kingdom at any time is a reference to such law as it applies in England and Wales from time to time including as retained, amended, extended, re-enacted or otherwise given effect on or after 11pm on 31 of January 2020.
6.Reports. The Reports will contain outputs consisting of aggregated data and will not contain personally identifiable information. The Reports are provided for the purpose of enabling Customer to assess and plan for Campaigns. The Reports are Amazon Confidential Information, and Customer may not share them with third parties, except that Customer may share the Reports with its media agency (if Customer is Advertiser) or Advertiser (if Customer is an agent of Advertiser).
7. Privacy Policies. Customer will publish and at all times maintain a clear, concise and transparent privacy policy on its website that fulfills the relevant information and notification requirements under applicable laws and regulations, including, as applicable, disclosure that service providers (e.g., Amazon for the Beta Service) may receive information about users of its websites, products, and services (“Privacy Policies”). For Campaigns displayed on sites other than Customer’s owned and operated sites, Customer will procure assurances from the relevant publishers or other service providers that Privacy Policies will appear on such sites. In connection with the Beta Service, Customer will not, and will not permit or assist any other party to, transmit any PII to Amazon.
8. Nature of Beta Service; Suggestions. Customer may elect to provide suggestions, comments, ideas, improvements, or other feedback or materials (“Suggestions”) to Amazon in connection with the Beta Service. Amazon is free to use, disclose, reproduce, modify, sublicense, transfer, distribute and exploit Suggestions in any manner. Amazon may suspend, change or discontinue the Beta Service, including any aspect of the Beta Service, at any time. Amazon may publish and update policies relating to the Beta Service (“Beta Service Policies”) on a Beta Service website or interface from time to time. Such Beta Service Policies form part of this Attribution Agreement and Customer must comply with the Beta Service Policies.
9. License. Subject to the terms of this Agreement, Amazon grants Customer, for the duration of each Campaign, a limited, non-exclusive license during the Term to implement the Technical Means into a relevant Campaign to enable Amazon to provide the Beta Service. Except as expressly granted in this Attribution Agreement, Customer receives no license, right, title or other interest, implied or otherwise, in Amazon intellectual property related to Beta Service. Amazon expressly reserves all intellectual property rights in regard to Beta Service that is not expressly granted in this Attribution Agreement.
10. Term; Termination. The term of this Attribution Agreement shall commence on Customer’s use of Beta Service and continue for as long as you use the Beta Service (the “Term”). Further, sub-sections B, C, and D of Section 12 of the Agreement shall apply.