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': "Visit facebook.com/off_facebook_activity, select 'Manage Future Activity', and toggle off 'Future Off-Facebook Activity' to prevent external website visit data from being linked to your Meta account going forward.", 'deadline_days': None, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': "The FTC has jurisdiction over Meta's off-platform tracking practices under FTC Act Section 5 as potential unfair or deceptive data collection from third-party websites.", 'complaint_url': 'https://reportfraud.ftc.gov/'}, {'agency': 'HHS_OCR', 'reason': 'HHS OCR has issued guidance that Meta Pixel deployed on healthcare websites may constitute an impermissible disclosure of protected health information under HIPAA.', 'complaint_url': 'https://www.hhs.gov/ocr/complaints/index.html'}

What is the severity of this clause?

ConductAtlas classifies this Off-Platform Tracking via Meta Pixel and Partner APIs 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 Partner APIs — Meta

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What it is

Meta tracks your activity on other companies' websites and apps — not just on Facebook and Instagram — through tools like the Meta Pixel, and combines this external browsing data with your Meta profile.

Why it matters (compliance & risk perspective)

This means Meta can build a profile of your health interests, financial situation, or political views based on the external websites you visit, even if you never share that information directly with Meta.

Consumer impact (what this means for users)

Every time you visit a website that has the Meta Pixel installed — including health, financial, or legal websites — Meta receives data about that visit and links it to your Facebook or Instagram account, enriching its advertising profile about you without requiring any action on your part.

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

Visit facebook.com/off_facebook_activity, select 'Manage Future Activity', and toggle off 'Future Off-Facebook Activity' to prevent external website visit data from being linked to your Meta account going forward.

How other platforms handle this

Amazon Medium

We collect and use your location information to provide location-based services, such as advertising and search results based on your location. You can choose not to provide your precise location by adjusting the location settings on your device.

Spotify Medium

Your device sensor data: Motion-generated or orientation-generated device sensor data if needed to provide features of the Spotify Service that require this data. This is data which your device collects about the way you move or hold your device. Your technical data includes: URL information, online...

Netflix Medium

your Netflix game activity (such as gameplay, game use and interaction information, and progress or saved game information); Netflix viewing and gaming history; search queries on the Netflix service; voice inputs (including transcripts and recordings) when using voice-related features; and other inf...

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This clause could change without notice.

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View original clause language

We collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our Products, and we combine this information across different devices you use. We also receive and use information from third-party partners and other sources who have the right to share it with us. These third-party partners include advertisers, businesses and other partners that use our Products, services and technologies. We receive information about your activity on and off our Products. For example, we receive information about: websites you visit and apps you use; purchases and transactions you make; how you use their services; and other online and offline interactions.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: Off-platform tracking engages GDPR Art. 6(1)(a) (consent), Art. 5(1)(a) (lawfulness, fairness, transparency), and the ePrivacy Directive Art. 5(3) (cookie consent), enforced by EU/EEA DPAs. In the US, FTC Act Section 5 applies. CCPA/CPRA §1798.120 grants California residents the right to opt out of sale/sharing of personal information collected via pixels. The HIPAA Privacy Rule (45 C.F.R. §164.514) may apply where Meta Pixel is deployed on covered healthcare entity websites — a matter the HHS Office for Civil Rights addressed in its December 2022 bulletin.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

FTC

The FTC has jurisdiction over Meta's off-platform tracking practices under FTC Act Section 5 as potential unfair or deceptive data collection from third-party websites.
File a complaint →
Hhs Ocr

HHS OCR has issued guidance that Meta Pixel deployed on healthcare websites may constitute an impermissible disclosure of protected health information under HIPAA.
File a complaint →