The FTC settled with InMarket Media for unlawfully collecting and using consumers' precise location data without adequate notice and consent. The order prohibits InMarket from selling or sharing precise location data, requires deletion of collected data, and mandates consumer consent mechanisms and privacy programs.
InMarket is banned from selling or sharing precise location data, must delete previously collected location data unless consent is obtained or data is deidentified, must provide a way for consumers to withdraw consent and request deletion, and must create sensitive location data and privacy programs.
In-house legal teams should review all vendor agreements (particularly those involving SDK integrations or third-party data sources), customer contracts, and data processing addendums. Focus on clauses governing data collection scope, consent mechanisms, data sharing/licensing rights, data retention, and breach notification. Changes will likely be needed to explicitly prohibit the collection, use, or sharing of 'precise location data' without granular, informed consent; mandate data deletion protocols; require robust privacy programs; and impose obligations on any third-party SDK providers to obtain valid consumer consent.
Entity
InMarket Media
Also known as: InMarket
Industry
Data BrokerOfficial Press Release
https://www.ftc.gov/news-events/news/press-releases/2024/05/ftc-finalizes-order-inmarket-prohibiting-it-selling-or-sharing-precise-location-data
InMarketMedia Complaint
https://www.ftc.gov/system/files/ftc_gov/pdf/InMarketMedia-Complaint.pdf
InMarketMedia DecisionandOrder
https://www.ftc.gov/system/files/ftc_gov/pdf/InMarketMedia-DecisionandOrder.pdf
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
"InMarket Media"
"failed to fully inform consumers about how their location data—which can include sensitive information about where they live, work and worship—would be used"
"failed to ensure that third-party apps that use its SDK obtained informed consent from consumers."
"precise location data"
"unlawfully collected and used consumers’ location data"
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$2.5B
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$225.0M
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$100.0M
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