Netflix Ads Data Upload and Submission Terms
Certain features of the Netflix service may permit or require your upload and submission of Customer Data (as defined below), including without limitation for purposes of advertising analytics and targeting. When using or accessing such features and/or uploading Customer Data to the Netflix service, you expressly agree to the following legal terms, which apply in addition to Netflix’s Terms of Use located at netflix.com/termsofuse and our Advertising Policies located at help.netflix.com/legal/ads-policy. If you are acting on behalf of the Customer, you represent and warrant that you have the authority to act as agent to the Customer and will bind the Customer to these terms.
Data Rights. You expressly permit and consent to Netflix’s receipt, use, access, storage, transmission, and/or processing of your first-party customer data that you collected from your customer base, subscribers, or other individuals that have voluntarily provided information to you or that you obtained in compliance with all laws, regulations, and self-regulatory codes and principles (“Customer Data”) for the purpose of making the applicable feature available to you on the Netflix service. You represent and warrant that you will not use, upload, transmit, and/or process Customer Data containing information of minors, as defined by the applicable age in the relevant jurisdiction, and that you possess all necessary rights, licenses, consents, and authorizations required to provide Customer Data to Netflix and permit Netflix to use such Customer Data as contemplated under these terms, including without limitation any consents from individual data subjects or other third parties required under applicable privacy laws or regulations. If you are providing Customer Data on behalf of the Customer, you represent and warrant that you have the authority and all necessary rights and permissions as Customer’s agent to disclose and use such Customer Data on Customer’s behalf. You also agree that you (1) will not provide any data to Netflix subject to an applicable opt-out choice, and (2) will remove from Customer Data any data of individuals who have opted-out.
Compliance. You represent and warrant that your provision of Customer Data hereunder, and Netflix’s use thereof in accordance with these terms, complies with all applicable laws, regulations, and industry self-regulatory standards governing data privacy and information security (collectively, “Privacy Laws”). You acknowledge and agree that you are solely responsible for your compliance with Privacy Laws, and liable for your violation thereof, and that nothing in the Netflix service shall be construed as any legal or other professional opinion of Netflix on your compliance with or violation of Privacy Laws.
Data Processing Terms. To the extent that Customer Data includes personal data (“Customer Personal Data”) which is subject to the General Data Protection Regulation of the European Union or any other international, domestic, and/or U.S. state privacy laws (“Data Protection Laws”) referenced in Netflix’s Data Processing Terms, you further acknowledge that Netflix shall use and process Customer Personal Data in accordance with such Data Processing Terms, which are incorporated herein by reference.
Information Security. Netflix will use, access, store, transmit, and process Customer Data according to its commercially reasonable information security protocols and procedures designed to comply with applicable Privacy Laws. For more information about Netflix’s security measures on the Netflix service, please refer to Exhibit 1 in the Data Processing Terms.
Suspension and Storage. Netflix reserves the right, at any time with or without prior notice, to terminate, suspend, disable, discontinue, limit, or otherwise modify access to any feature of the Netflix service at any time, including without limitation any feature involving or requiring the submission of Customer Data. You expressly acknowledge that Netflix has no responsibility to back up or restore Customer Data uploaded to the Netflix service, and that you are solely responsible for maintaining backups or other disaster recovery measures for Customer Data. Accordingly, to the maximum extent permitted under applicable law, Netflix shall have no liability to you for any loss, corruption, or damage to Customer Data on the Netflix service.
Data Deliverables. The Netflix service may provide to you certain reports, analytics, or other deliverables based on the Customer Data (collectively, “Data Deliverables”). You agree to use Data Deliverables solely for your internal, non-public use in connection with the Netflix service, and that you shall not sell, assign, or transfer the Data Deliverables to any unaffiliated third party. In addition, you agree not to (or assist any third party to) use the Data Deliverables in connection with the creation, development, improvement, promotion, operation, or distribution of any product or service which competes with the Netflix service.
Last Updated: December 13, 2024