What can I do about this clause?

{'method': 'WEB_FORM', 'recipient': 'https://www.facebook.com/off_facebook_activity', 'difficulty': 'MODERATE', 'action_type': 'OPT_OUT_ARBITRATION', 'instructions': "Go to facebook.com/off_facebook_activity, select 'More Options', then 'Manage Future Activity', and turn off future off-Facebook activity to disconnect this tracking from your account.", 'deadline_days': None, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC has jurisdiction over deceptive and unfair data practices under Section 5 of the FTC Act, and has specifically issued guidance on pixel-based tracking in healthcare contexts.', 'complaint_url': 'https://reportfraud.ftc.gov/'}

What is the severity of this clause?

ConductAtlas classifies this Off-Platform Tracking via Meta Pixel and Business Tools clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Off-Platform Tracking via Meta Pixel and Business Tools — Meta

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What it is

Even if you don't have a Facebook account or are logged out, Meta tracks your browsing activity across millions of third-party websites and apps that use its tracking tools.

Consumer impact (what this means for users)

Your browsing behavior on non-Meta websites — including health, financial, and retail sites — is transmitted to Meta via tracking pixels and APIs, potentially enabling Meta to infer sensitive information such as medical conditions or financial status for advertising purposes.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.

Opt Out of Arbitration

Go to facebook.com/off_facebook_activity, select 'More Options', then 'Manage Future Activity', and turn off future off-Facebook activity to disconnect this tracking from your account.

Cross-platform context

See how other platforms handle Off-Platform Tracking via Meta Pixel and Business Tools and similar clauses.

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Why it matters (compliance & risk perspective)

This provision means Meta builds behavioral profiles on people who have never agreed to Meta's terms — a practice regulators in multiple jurisdictions have challenged as unlawful.

View original clause language

We collect information about your activities on third-party sites, apps and other places online where our business tools are used. This may include: websites and apps that use our technologies, including our cookies, Facebook Login, our APIs, SDKs or pixel. We receive information about your visits and activity on such websites and apps even if you don't have a Facebook account or aren't logged in to Facebook.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: Implicates GDPR Art. 6 (lawful basis), Art. 9 (special categories inferred from browsing), ePrivacy Directive 2002/58/EC (cookie consent requirements), CCPA §1798.140 (definition of 'sale' and 'sharing' of personal information), and FTC Act Section 5. The CJEU ruling in Planet49 (C-673/17) and national DPA guidance confirm that tracking pixels require prior consent in the EU. Enforcement authority: EU national DPAs, Irish DPC, FTC, state AGs.

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Applicable agencies

FTC

The FTC has jurisdiction over deceptive and unfair data practices under Section 5 of the FTC Act, and has specifically issued guidance on pixel-based tracking in healthcare contexts.
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Provision details

Document information

Document

Meta Privacy Policy

Entity

Off-Platform Tracking via Meta Pixel and Business Tools