Under European law, companies must have a legal basis to process data. You have particular rights available to you depending on which legal basis we use, and we've explained these below. You should know that no matter what legal basis applies, you always have the right to request access to, rectification of, and erasure of your data under the General Data Protection Regulation (the ‘GDPR’). To exercise your rights, visit the Facebook Settings and Instagram Settings.
For all people who have legal capacity to enter into an enforceable contract, we process data as necessary to perform our contracts with you (the Meta Terms and Instagram Terms, together, 'the Terms'). We describe the contractual services for which this data processing is necessary in the “Our Services” section of the Terms, and in the additional informational resources accessible from the Terms. The core data uses necessary to provide our contractual services are:
These uses are explained in more detail in our Data Policy, under “How do we use this information?” and “How do we operate and transfer data as part of our global services?” and “How do the Meta Companies work together?” We’ll use the data we have to provide these services; if you choose not to provide certain data, the quality of your experience using the Meta Products may be impacted.
When we process data you provide to us as necessary to perform our contracts with you, you have the right to port it under the GDPR. To exercise your rights, visit the Facebook Settings and Instagram Settings.
The other legal bases we rely on in certain instances when processing your data are:
Your objection will be upheld and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons.
For all people who have legal capacity to enter into an enforceable contract, we process data as necessary to perform our contracts with you (the Meta Terms and Instagram Terms, together, 'the Terms'). We describe the contractual services for which this data processing is necessary in the “Our Services” section of the Terms, and in the additional informational resources accessible from the Terms. The core data uses necessary to provide our contractual services are:
- To provide, personalize, and improve our Meta Products;
- To promote safety, integrity, and security;
- To transfer, transmit, store, or process your data outside the EEA, including to within the United States and other countries;
- To communicate with you, for example, on Product-related issues; and
- To provide consistent and seamless experiences across the Meta Company Products.
These uses are explained in more detail in our Data Policy, under “How do we use this information?” and “How do we operate and transfer data as part of our global services?” and “How do the Meta Companies work together?” We’ll use the data we have to provide these services; if you choose not to provide certain data, the quality of your experience using the Meta Products may be impacted.
When we process data you provide to us as necessary to perform our contracts with you, you have the right to port it under the GDPR. To exercise your rights, visit the Facebook Settings and Instagram Settings.
The other legal bases we rely on in certain instances when processing your data are:
- Your Consent:
- For processing data with special protections (such as your religious views, political views, who you are “interested in,” or your health, if you share this information in your Facebook profile fields or Life Events), so we can share with those you choose and personalise your content.
- For using data that advertisers and other partners provide us about your activity off of Meta Company Products, so we can personalise ads we show you on Meta Company Products, and on websites, apps, and devices that use our advertising services.
- For sharing data that personally identifies you (information such as your name or email address, that by itself can be used to contact you or identifies who you are) with advertisers, such as when you direct us to share your contact information with an advertiser so it can contact you, for example, with additional information about a promoted product or service.
- For collecting information you allow us to receive through the device-based settings you enable (such as access to your GPS location, camera or photos), so we can provide the features and services described when you enable the settings.
- Our legitimate interests or the legitimate interests of a third party, where not outweighed by your interests or fundamental rights and freedoms:
- For people under the age of majority (under 18, in most EU countries) who have a limited ability to enter into an enforceable contract only, we may be unable to process personal data on the grounds of contractual necessity. Nevertheless, when such a person uses our Services, it is in our legitimate interests to:
- Provide, personalize, and improve the Meta Products. For people under their Member State’s age of consent we modify our Meta Products to ensure special protections, and with some restricted features regarding the data used to select advertising. This includes processing information that people under the age of consent allow us to receive through device-based settings they enable, to provide the features and services covered by those settings.
- Promote safety, integrity and security, including through tools focused specifically on threats to people under the age of majority; and
- Provide non-marketing communications for product or customer service-related issues.
The legitimate interests we rely on for this processing are:- To create, provide, support and maintain innovative products and features that enable people under the age of majority to express themselves, communicate, discover and engage with information and communities relevant to their interests, build community, and utilize tools and features that promote their well-being.
- To secure our platform and network, to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, keep the Meta Company Products free of harmful or inappropriate content, and investigate suspicious activity or violations of our terms or policies; and to protect the safety of people under the age of majority, including to prevent exploitation or other harms to which such individuals may be particularly vulnerable.
- For people under the age of majority (under 18, in most EU countries) who have a limited ability to enter into an enforceable contract only, we may be unable to process personal data on the grounds of contractual necessity. Nevertheless, when such a person uses our Services, it is in our legitimate interests to:
- For all people, including those under the age of majority:
- For providing measurement, analytics, and other business services where we are processing data as a controller. The legitimate interests we rely on for this processing are:
- To provide accurate and reliable reporting to our advertisers, developers and other partners, to ensure accurate pricing and statistics on performance, and to demonstrate the value our partners realise using Meta Company Products; and
- In the interests of advertisers, developers and other partners to help them understand their customers and improve their businesses, validate our pricing models, and evaluate the effectiveness of their online content and advertising on and off the Meta Company Products.
- For providing marketing communications to you. The legitimate interests we rely on for this processing are:
- To promote Meta Company Products, and issue our direct marketing.
- To research and innovate for social good. The legitimate interest we rely on for this processing is:
- To further the state of the art or academic understanding on important social issues to impact our society and world in a positive way.
- To share information with others including law enforcement and to respond to legal requests. See our Data Policy, How do we respond to legal requests or prevent harm? for more information. The legitimate interests we rely on for this processing are:
- To prevent and address fraud, unauthorised use of the Meta Company Products, violations of our terms and policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), our users or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm.
You have the right to object to, and seek restriction of, such processing; to exercise your rights, visit the Facebook Settings and Instagram Settings.
We will consider several factors when assessing an objection including: our users’ reasonable expectations; the benefits and risks to you, us, other users, or third parties; and other available means to achieve the same purpose that may be less invasive and do not require disproportional effort. Your objection will be upheld and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons.
If you are under the age of majority in your country and have a limited ability to enter an enforceable contract, we will take particular account of the fact that you are below the age of majority and adjust our assessment of our legitimate interests and the balancing of your interests and rights accordingly. We provide specific protections for people below the age of majority to ensure they are aware of the risks, consequences, safeguards, and rights associated with processing of their data. - For providing measurement, analytics, and other business services where we are processing data as a controller. The legitimate interests we rely on for this processing are:
- Compliance with a legal obligation:
- For processing data when the law requires it, including, for example, if there is a valid legal request for certain data. See our Data Policy, under How do we respond to legal requests or prevent harm? for more information.
- Protection of your vital interests or those of another person:
- The vital interests we rely on for this processing include protection of your life or physical integrity or that of others, and we rely on it to combat harmful conduct and promote safety and security, for example, when we are investigating reports of harmful conduct or when someone needs help.
- Tasks carried out in the public interest:
- For undertaking research for social good and to promote safety, integrity and security, as described in our Data Policy under “How we do use this information?”, where this is necessary in the public interest as laid down by Union law or Member State law to which we are subject.
Your objection will be upheld and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons.