Sensitive Category Advertising Policy

Last Updated: October 23, 2024

OpenX is committed to fostering a safe, ethical, and efficient online advertising experience for consumers, publishers, and advertisers alike. Among other things, this means we are committed to complying with all laws and industry standards related to so-called “sensitive category” advertising, as detailed in our Ad Exchange Supply Policy and Ad Exchange Demand Policy. 

This Sensitive Category Advertising Policy sets forth additional terms applicable to any advertisement for products or services related to

  • Online gambling or sports betting
  • Tobacco, vaping or e-cigarettes 
  • Cannabis
  • Cryptocurrency or other digital currencies 
  • Adult content
  • Other products or services the advertising of which may be subject to heightened legal restrictions 

Together, advertisements on the OpenX Ad Exchange for products or services falling into the categories listed above are considered “Sensitive Category Advertisements” and the entities distributing them “Sensitive Category Advertisers”. 

Compliance Requirements

Openx requires Sensitive Category Advertisers to obtain advance approval from OpenX before running the Sensitive Category Advertisements in any jurisdiction. OpenX may also require the  Sensitive Category Advertisers to execute additional contractual terms. OpenX requires all Sensitive Category Advertisements and Sensitive Category Advertisers to comply with applicable federal, state, local, and self-regulatory requirements, laws, regulations, and rules governing the content, placement, or permitted use of Sensitive Category Advertisements. In particular, OpenX requires all Sensitive Category Advertisements and Sensitive Category Advertisers to:

  • Comply with all applicable laws, regulations, and industry standards;
  • Secure all required licenses to advertise in any jurisdiction(s) in which the Sensitive Category Advertisements will run, and not run Sensitive Category Advertisements in any jurisdiction in which such advertising and promotion is illegal;
  • Ensure that the Sensitive Category Advertisements do not:
    • directly target individuals under 21 years old
    • contain images and/or language designed to appeal specifically to individuals under 21 years old
    • feature anyone who is or appears to be below 21 years old 
  • Not run Sensitive Category Advertisements on any publisher properties the Sensitive Category Advertiser knows or should know to have restricted the advertising or promotion of Sensitive Category content;
  • Appropriately identify all Sensitive Category Advertisements as such via industry standard tags and signals; and
  • Make Sensitive Category Advertisements available for pre-flight review upon request.

Targeting Requirements

OpenX requires all Sensitive Category Advertisements and Sensitive Category Advertisers to comply with applicable federal, state, local, and self-regulatory requirements, laws, regulations, and rules governing the targeting of Sensitive Category Advertisements. Unless otherwise agreed and contractually specified between the parties, OpenX further restricts Sensitive Category Advertisers from targeting Sensitive Category Advertisements using audience data they know or intend to be derived from or related to sensitive data, as such term or substantially similar terms are defined in applicable privacy laws, including but not limited to data that relates to or derives from any individual or group of individuals’ known or inferred race, color, national origin, immigration status, religion, sexual orientation, disability status, or genetic information.

Reservations

Publishers displaying Sensitive Category Advertisements on their properties may have their own policies that differ from this Policy. Sensitive Category Advertisers acknowledge that publishers have discretion regarding what Sensitive Category Advertisements to run on their properties.

OpenX reserves the right to audit Sensitive Category Advertisers and Sensitive Category Advertisements for purposes of confirming compliance with this Policy, suspend or terminate our relationship with any Sensitive Category Advertisers, and remove any Sensitive Category Advertisements that violate this Policy. OpenX further reserves the right to update this Policy at any time by posting notice of such changes on our website or by otherwise providing notice. If you have any questions about this Sensitive Category Advertising Policy, or any other questions about any OpenX service, please contact your Account Manager. 

Please email [email protected] with specific inquiries.