In Re FACEBOOK INTERNET TRACKING LITIGATION
Filing
157
THIRD AMENDED COMPLAINT (Public Version) against All Defendants. Filed by Brian K. Lentz, Perrin Aikens Davis, Matthew J. Vickery, Cynthia D. Quinn. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U (redacted), #22 Exhibit V (redacted), #23 Exhibit W (redacted), #24 Exhibit X (redacted), #25 Exhibit Y (redacted), #26 Exhibit Z (redacted), #27 Exhibit AA (redacted), #28 Exhibit BB (redacted), #29 Exhibit CC (redacted), #30 Exhibit DD (redacted), #31 Exhibit EE, #32 Exhibit FF (redacted), #33 Exhibit GG (redacted), #34 Exhibit HH (redacted), #35 Exhibit II (redacted), #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL (redacted), #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP)(Straite, David) (Filed on 8/25/2017) Modified on 8/25/2017 (cv, COURT STAFF).
Exhibit E
Facebook's Privacy Policy.
Date of last revision: April 22, 2010.
This policy contains eight sections, and you can jump to each by selecting the links below:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Introduction
Information We Receive
Sharing information on Facebook
Information You Share With Third Parties
How We Use Your Information
How We Share Information
How You Can Change or Remove Information
How We Protect Information
Other Terms
1. Introduction
Questions. If you have any questions or concerns about our privacy policy, contact our privacy team through this help paqc. You may also contact us by mail at 1601 S.
California Avenue, Palo Alto, CA 94304.
TRUSTe Program. Face book is a certified licensee of the TRUSTe Privacy Seal Program. This means that our privacy policy and practices have been reviewed by TRUSTe, an
independent organization focused on reviewing privacy and security policies and practices, for compliance with its strict program requirements. This privacy policy covers the
website www.facebook..con. The TRUSTe program covers only information that is collected through this Web site, and does not cover other information, such as information
that may be collected through software downloaded from Face book.
If you have any complaints about our policy or practices please let us know through this help page. If you are not satisfied with our response, you can contact l RUS! e.
TO VERIFY
Safe Harbor. Facebook also adheres to the Safe Harbor framework developed by the U.S. Department of Commerce and the European Union. As part of our participation in the
Safe Harbor, we agree to resolve all disputes you have with us in connection with our policies and practices through TRUSTe. To view our certification, visit the U.S. Department
of Commerce's Safe Harbor Web s1te.
Scope. This privacy policy covers all of Facebook. It does not, however, apply to entities that Facebook does not own or control, such as applications and websites using
Platform. By using or accessing Face book, you agree to our privacy practices outlined here.
No information from children under age 13. If you are under age 13, please do not attempt to register for Face book or provide any personal information about yourself to
us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have
any information from a child under age 13, please contact us through this help page.
Parental participation. We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to
anyone over the Internet and we encourage parents to teach their children about safe internet use practices. Materials to help parents talk to their children about safe internet
use can be found on this help page.
2. Information We Receive
Information you provide to us:
Information About Yourself. When you sign up for Facebook you provide us with your name, email, gender, and birth date. During the registration process we give you the
opportunity to connect with your friends, schools, and employers. You will also be able to add a picture of yourself. In some cases we may ask for additional information for
security reasons or to provide specific services to you. Once you register you can provide other information about yourself by connecting with, for example, your current city,
hometown, family, relationships, networks, activities, interests, and places. You can also provide personal information about yourself, such as your political and religious
views.
Content. One of the primary reasons people use Facebook is to share content with others. Examples include when you update your status, upload or take a photo, upload or
record a_ video, sha.re a link, create a.n event or a_ group, ma.ke a comment, write something on someone's Wall, write a note, or send someone a message. If you do not wa.nt
us to store metadata associated with content you share on Facebook (such as photos), please remove the metadata before uploading the content.
Transactional Information. We may retain the details of transactions or payments you make on Facebook. If you do not want us to store your payment source account
number, you can remove it using your payments page.
Friend Information. We offer contact importer tools to help you upload your friends' addresses so that you can find your friends on Facebook, and invite your contacts who do
not have Facebook accounts to join. If you do not want us to store this information, visit this helo page. If you give us your password to retrieve those contacts, we will not
store your password after you have uploaded your contacts' information.
Information we collect when you interact with Facebook:
Site activity information. We keep track of some of the actions you take on Face book, such as adding connections (including joining a group or adding a friend), creating a
photo album, sending a gift, poking another user, indicating you "like" a post, attending an event, or connecting with an application. In some cases you are also taking an
action when you provide information or content to us. For example, if you share a video, in addition to storing the actual content you uploaded, we might log the fact that you
shared it.
FB- MDL- 00000007
Access Device and Browser Information. When you access Facebook from a computer, mobile phone, or other device, we may collect information from that device about
your browser type. location, and IP address, as well as the pages you visit.
Cookie Information. We usc "cookies" (small pieces of data we store for an extended period of time on your computer, mobile phone, or other device) to make Facebook easier
to use, to make our advertising better, and to protect both you and Facebook. For example, we use them to store your login ID (but never your password) to make it easier for
you to login whenever you come back to Facebook. We also use them to confirm that you are logged into Face book, and to know when you are interacting with racebook
Platform applications Jnd websites, our widgets and Share buttons, and our advertisements. You can remove or block cookies using the settings 1n your browser, but in some
cases that may impact your ability to u~e Face book.
Information we receive from third parties:
Face book Platform. We do not own or operate the applications or websites that you use through l-ace book Platform (such as games and utilities). Whenever you connect with
a Platform application or website, we will receive information from them, including information about actions you take. In some cases, in order to personalize the process of
connecting, we may receive a limited amount of information even before you connect with the application or website.
Information from other websites. We may institute p10grams with advertising partners and other websites in which they share information with us:
We may ask advertisers to tell us how our users responded to the ads we shovved them (and for comparison purposes, how other users who didn't see the ads acted on their
site). Thi.:; data. sharing, cormnonly known as "conversion tracking," helps us mea.:;ure our adverti.:;ing effectiveness and improve the quality of the advertisements you see.
\11/e may receive information about whether or not you've seen or interacted with certain ads on other sites in order to measure the effectiveness of those ads.
If in any of these cases we receive data that we do not already have, we will "anonymize'' it within 180 days, meaning we will stop associating the information with any
particular user. If we institute these programs, we will only use the information in the ways we explain in the' How We Use Your Information'' section below.
Information from other users. We may collect information about you from other Facebook users, such as when a friend tags you in a photo, video. or place, provides fnend
details, or indicates a relation~hip with you
3. Sharing information on Facebook.
l'his section explains how your pnvacy settings work, and how your information is shared on l-ace book. You should always consider your privacy set:ings before sharing
information on Facebook.
Name and Profile Picture. Face book is designed to make it easy for you to find and connect with others. For this reason, your name and profile picture do not have privacy
settings. If you are uncomfortable with sharing your profile picture, you should delete it (or not add one). You can also control who can find you when searching on Face book
or on public search engmes using the Applications and Webs1tes pnvacy settmg.
Contact Information. Your contact information setting.:; control (available when custornizing your pr vac.y
contact information such as your email and phone number(s). Remember that none of this information is
your email address with anyone.
who c.an contact you on Face book, and who can see you1
except tor your email address, and you do not have to share
Personal Information. Your personal information settings control who can see your personal information, such as your reliqious and political views, if you choose to add
them. We recommend that you share this information using the friends of friends setting.
Posts by Me. You can select a pnvacy setting for every post you make using the publisher on our site. Whether you are uploading a photo or posting a status update, you
can control e-xactlywhn can see it at thf' timP you crf'ate it. Whf'tlf-'Vf'l ynu sharf' somf'thing look for tfw lock icon. Clirking on thf' lock will bring up a mPnu that lets ynu
choose who will be able to see your post. It you decide not to select your setting at the time you post the content, your content will be shared consistent with your Posts by Me
default privacy
(availablf' when custorni:;;ing your tJrivncy \P11ings).
Gender and Birth Date. In addition to name and email address, we require you to provide your gender and birth date during the registration process. We ask for your date of
birth to verify that you are 13 or older, and so that we can better limit your access to content and advertisements that are not age appropriate. Because your date of birth and
gender are required, you cannot delete them. You can, however, edit your profile to hide all (or part) of such fields from other users.
Other. Here are some other things to remember:
Some of the content you share and the actions you take will show up on your friends' home pages and other pages they visit.
If another user tags you in a photo or video or at a place, you can remove the tag. You can also limit who can sec that you have been taqged on your profile from your privacy
Ever
you remove information from your profile or delete your account, copies of that information may remain viewable elsewhere to the extent it has been shared with
others, it was otherwise distributed pursuant to your
or it was copied or stored by other users.
You understand that information might be reshared or
by
users.
Certain types of communications that you send to other users cannot be removed, such as messages.
When you post information on another user's profile or comment on another user's post, that information will be subject to the other user's
If you use an external source to publish information to Face book (such as a. mobile application or a Connect site). you should check the privacy
po.:;t, as it is .:;et
by that external source.
"Everyone" Information. Information set to "everyone·' is publicly available information, just like your name, profile picture, and connections. Such information may, for
example, be accessed by everyone on the Internet (including people not logged into Facebook), be indexed by third party search engines, and be imported, exported,
distributed, and redistributed by us and others without privacy limitations. Such information may also be associated with you, including your name and profile picture, even
outside of Face book, such as on public search engines and when you visit other s1tes on the internet. The default privacy setting for certa111 types of information you post on
Facebook i.:; .:;et to "everyone." You can review a.nd change the default .:;ettings in your pr iva.cy se::tir~g">. If you delete "everyone" content that you po.:;ted on Facebook, we will
remove it from your Face book profile, but have no control over its usc outside of Face book.
Minors. We reserve the right to add special protections for minors (such as to provide them with an age-approp1·iate experience) and place restrictions on the ability of adults
to share and connect vvith mmors, recognizing this may prov1de minors a more limited experience on Facebook
4. Information You Share With Third Parties.
Face book Platform. As mentioned above, we do not own or operate the applications or websites that use Facebook Platform. That means that when you use those
applications and websites you are making your race book information available to someone other than l-ace book. Prior to allowmg them to access any information about you,
we require them to agree to terms that limit their use of your information (which you can read about in Section 9 of our Statement
Rigrts and Respons:blli:ies) and we use
technical measures to ensure that they only obtain authorized information. To learn more about Platform, visit our About Platform page.
Connecting with an Application or Website. When you connect with an application or website it will have access to General lnfmmation about you. The term General
Information includes your and your friends' names. profile pictures, gender, user IDs, connections, and any content shared using the Evervone privacy setting. We may also
make information about the location of your computer or access device and your age available to applications and websites in order to help them implement appropriate
FB- MDL- 00000008
security measures and control the distribution of age-appropriate content. If the application or website wants to access any other data, it will have to ask for your permission.
We give you tools to control how your information is shared with applications and web sites that use Platform. For example, you can block all platform applications and
VVf'bsitP<> cornpletPiy or block specific
from a(TPssing your information by visiting your Applications and WehsitPs p:iva.cy <;»1\ing or thP spPcific application's
''About" page. You can also usc your
scttinqs to limit which of your information is available to "everyone".
You should always rPview thP policiPs of third party applications and WPbsites to rnakP surP you arP comfurtabiP with the ways in which thPy use information you <>hare with
them. We do not guarantee that they will follow our rules. If you find an application or website that violates our rules, you should report the violation to us on this help
and we will take action as necessary.
When your friends use Platform. If your friend connects w1th an application or website, it will be able to access your name, profile picture, gender, user ID, and information
you have shared with ·'everyone." It will also be able to acce~s your connec.tions, except it will not be able to access your friend list. If you have already connected with (or
have a separate account with) that website or application, it may also be able to connect you with your friend on that application or website. If the application or website
wants to access any of your other content or information (including your fnend I 1st), it will have to obtain specific permission from your friend. If your friend grants specific
permission to the application or website, it will generally only be able to access content and information about you that your friend can access. In addition, it will only be
allowed to use that content and information in connection with that triend. For example, it a friend gives an application access to a photo you only shared with your friends,
that application could allow your friend to view or print the photo, but it cannot show that photo to anyone else.
We provide you with a number of tools to control how your information is shared when your friend connects with an application or website. For example, you can use your
Application and Websites privat.v
to limit some of the infmmation yoU! friends can make available to applications and websites. You can block all platform applications
and web sites completely or block particular applications or websites from accessing your information. You can usc your privacy
to limit which triends can access your
information, or limit which of your information is available to "everyone_·· You can also disconnect from a friend if you are
with how they are using your
information.
Pre-Approved Third- Party Websites and Applications. In order to provide you with useful social experiences off of Facebook, we occasionally need to provide General
Information about you to pre-approved third party websites and applications that use Platform at the time you visit them (if you are still logged in to Facebook). Similarly,
when one of your friends visits a pre-approved website or application, it will receive General Information about you so you and your friend can be connected on that website
as well (if you also havP an account V\lith that web~itP) In thf'~P casPs WP requirP thP<>e wPbsitP<> and aprlications to go through an approval procPss, and to enter into sPparateaqrecments desiqncd to protect your privacy. For example, these agreements include provisions relating to the access and deletion of your General Information, along with
your ability to opt-out of the experience being offered. You can disable instant personalization on all pre-approved websites and applications using your Applications and
VV'ebsites
You can also block a pMticular pre-approved website or application by clicking "No Thanks' in the blue bar when you visit that application or
website.
you log out of racebook before visiting a pre-approved application or website, it will not be able to access your information.
Exporting Information. You (and those you make yom information available to) may use tools like RSS feeds. mobile phone address book applications, or copy and paste
functions, to capture, export (and in some cases, import) information from ~ace book, including your information and information about you. For example, if you share your
phone number with your friends, they may use third party applications to sync that information with the address book on their mobile phone.
Advertisements. Sometimes the advertisers who present ads on Facebook use technological methods to measure the effectiveness of their ads and to personalize advertising
content. You may opt-out of the placement of cookies by many of these advertisers
You may also use your browser cookie settings to limit or prevent the placement of
cookies by advertising networks.
links. When you dick on links on Facebook you may leave our site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy
statements.
5. How We Use Your Information
Vv'e use the information we collect to try to provide a safe, efficient, and customized experience. Here are some of the details on how we do that:
To manage the service. We use the information we collect to provide ow services and features to you, to measwe and
you with customer support. We usc the information to prevent potentially illegal activities, and to enforce our Statement
technological systems to detect and address anomalous activity and screen content to prevent abuse such as spam. These
permanent suspension or termination of some functions for some users.
those services and features, and to provide
and Responsibilities. We also usc a variety of
may on occasion result in a temporary or
To contact you. WP may contact you with servicP-rPiatf'd announcements from time to time. You may ort out of <-Ill (OmmLmications Pxcept es<>Pntial updatPs on your ;:u-ccLHll
notifications page. We may include content you see on Face book in the emails we send to you.
To serve personalized advertising to you. We don't share your information with advertisers without your consent. (An example of consent would be if you asked us to
provide your shipping address to an advertiser to receive a free sample.) We allow advertisers to choose the characteristics of users who will see their advertisements and we
may USf' uggPstions to the PXtent you choose to be visible in public sPan_h listings. You may also block specific individual u~Prs from
suqgested to you and you from being suqgested to them.
To help your friends find you. We allow other users to use contact information they have about you. such as your email address, to find
importers and search. You can prevent other users from using your email address to find you using the search section of your privacy
including through contact
Downloadable Software. Certain downloadable software applications and applets that we offer, such as our browser tool bars and photo uploaders. transmit data to us. We
may not make a formal disclosure if we believe our collection of and use of the information is the obvious purpose of the application, such as the fact that we receive photos
whPn you use our photo uploader. If we bPiiPVf:' it is not obvious that we arf' collecting or using such information, we will makP a disclosLHP to you the first timP you providf'
the information to us so that you can decide whether you want to usc that feature.
Memorializing Accounts. If we are Potified that a user is deceased, we may memorialize the user's account. In such cases we restrict profile access to confirmed ft·iends, and
allow friends and family to write on the user's Wall in remembrance. Vl/e may close an account if we receive a formal request from the user's next of kin or other proper legal
request to do so.
6. How We Share Information
FB- MDL- 00000009
Face book is about sharing information with others- friends and people in your communities- while providing you with
users from accessing some of your mtormation. We share your information with third parties when we believe the sharing
our services, or when legally required to do so. For example:
::.ettings that you can use to restrict other
permitted by you, reasonably necessary to offer
When you make a payment. When you enter into transaLtions with others or make payments on FaLebook, we will share transaLtion information with only those third parties
necessary to complete the transactior:. We will require those third part1es to agree to respect the privacy of your information.
When you invite a friend to join. When you ask us to inv1te a friend to JOin l-ace book, we Will send your fnend a message on your behalf using your name. I he mv1tat1on
may also c-ontain information <-1hout other usero;, your fnend might know. We may also send up to tvvo reminder<> to them in your name. You ran see who has
your
invitations, send remmders, and delete your friends' email addresses on your mvite history page. If your friend does not want us to keep their information, we
also remove
it at their request hy using this he!n ;HUP.
When you choose to share your information with marketers. You may choose to sl-'are information w1th marketers or elettronir commerce providers that are not
associated vvith Facebook through on-site offers. This is entirely at your discretion and we will not provide your information to these marketers without your consent.
To help your friends find you. By default. we make certain information you have posted to your profile available in search results on Face book to help your friends find you.
However, you can control who can see some of ths information, as well as who can fmd you in searches. through your
::.etling~. We also partner with email and instant
messaging providers to help their users 1dentify which of their contacts are Facebook users, so that we can promote
to those users.
To give search engines access to publicly available information. We generally !im1t search engines' access to our site. We may allow them to access information set to the
"everyone" setting (along with your name and profile
and your profile information that is visible to everyone. You can change the visibility of some of your profile
information using the customize section of your pnvacy
You can a! so prevent search engines from indexmg your profile using the Applications and Websites privacv
~etting.
To help improve or promote our service. Sometimes we share aggregated informction with third parties to help improve or promote our service. But we only do ::.o in suLh
a way that no ind1v1dual user can be 1dent1fled or lmked to any spec1flc act1on or mformat1on.
To provide you with services. We may provide information to serv1ce prov1ders that help us bring you the serv1ces we offer. for example, we may use third parties to help
1-'ost our website, send out email updates about Fccebook, remove repetitive inforrnat1on from our user lists, proLess
or provide search results or links (indudmg
sponsored links). 1 hese serv1ce prov1ders may have access to your personal1nformat1on for use for a !im1ted time,
this occurs we Implement reasonable contractual
and technical protections to lim1t their use of that information to helping us prov1de the serv1ce.
To advertise our services. We may as.k adve1tisers outside of Face book to display ads. promoting our services. We may ask them to deliver those ads. ba5ed on the pres-ence
of a cookie, but in doing so will not share any other information with the advertiser.
To offer joint services. \"v'e mcy prov1de services jointly vvith other companies, such as the classifieds service 1n the Facebook Marketplace. If you use these services, we may
share yo:..rr information to facilitate that service. However, we will identify the partner and present the joint s-ervice provider':. pr 1vacy pol1cy to you before you use that service.
To respond to legal requests and prevent harm. We may dis.clos.e information pursuant to subpoenas, court orders, or other requests (including crirnlllal end civil matters)
if we have a good fa1th belief that the response is required by law. This may include respectmg requests from junsdictions outside of the United States where we have a good
faith belief that the response is required by law under the local laws in that jur isdict1on, apply to user:. from that jur isd1ction, and are consistent with generally accepted
1nternat1onal standards. We may also share 1nformat1on when we have a good fa1th bel1ef 1t 1s
to prevent fraud or other illegal act1v1ty, to prevent Imminent bodily
I-' arm, or to protect ourselves and you from people violating our Slaterner:t of Righls and
This may 111ciude ">haring information w1th other companies, lawyers,
courts or other government entities.
Transfer in the Event of Sale or Change of Control. If the ownership of all or substar
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?