Meta · Meta Terms of Service · View original document ↗

Advertising Use of User Names and Photos

High severity High confidence Explicitdocumentlanguage Unique · 0 of 343 platforms
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Recent governance activity Meta recorded 15 documented changes in the last 30 days.
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Document Record

What it is

Meta can show your name, profile photo, and actions you take on Facebook alongside advertisements shown to other users, without paying you.

This analysis describes what Meta's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This clause establishes Meta's operational authority to incorporate user identity elements and activity information into advertising display mechanisms. The provision defines the scope of permitted use of user-generated identity and behavioral data for advertising purposes across the platform's product ecosystem.

Recent Activity

This document changed recently

High Apr 21, 2026

The updated terms establish a jurisdictional change for consumers. Previously, all disputes had to be resolved in California courts; now, if you are a consumer or if your country requires it, disputes must be resolved in courts within your home country under your home country's laws. For Meta's own claims against you, the agreement still requires disputes to proceed exclusively in California courts. The revised terms also now require Meta to notify you at least 30 days in advance before making changes to these Terms, and you will have the opportunity to review them before they take effect, unless changes are required by law.

View change record →

Clause Stability Stable

0
Changes
3
Months Monitored
May 10, 2026
First Seen
May 11, 2026
Last Seen
This clause type exists across 381 other provisions on other platforms.

Consumer impact (what this means for users)

Your name and profile picture may appear next to ads shown to your Facebook connections, based on actions you have taken such as liking a page, without your separate consent or any payment to you.

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
    Navigate to Facebook Settings, then Ads, and review Social Interactions settings to limit how your social actions appear next to ads. Note that the terms assert a broad contractual permission, so settings adjustments may not fully eliminate all uses described in this clause.

How other platforms handle this

LinkedIn Medium

We target (and measure the performance of) ads to Members, Visitors and others both on and off our Services directly or through a variety of partners, using the following data, whether separately or combined: Data from advertising technologies on and off our Services, like web beacons, pixels, ad ta...

Microsoft Azure Medium

Microsoft uses data we collect to provide you with rich, interactive experiences. In particular, we may use data to show you advertising or serve Microsoft-selected content within Microsoft products and services. Microsoft does not use what you say in email, chat, video calls, or voice mail to targe...

Activision Medium

Activision uses 'Cookies' to tailor content and marketing, and to improve and adjust user experiences.

See all platforms with this clause type →

Monitoring

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▸ View Original Clause Language DOCUMENT RECORD
"
You give us permission to use your name and profile picture and information about actions you have taken on Facebook next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you.

— Excerpt from Meta's Meta Terms of Service

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

REGULATORY LANDSCAPE: This provision engages GDPR Article 6 and Recital 47 regarding legitimate interests, as using a person's name and image in commercial advertising requires a lawful basis that may not be satisfied by contractual consent alone under EU law. The FTC Act and state right-of-publicity statutes, particularly in California (California Civil Code Section 3344) and New York, are relevant, as commercial use of an individual's name or likeness without consent or compensation may create liability in certain contexts, though Meta's argument is that this contractual clause constitutes consent. Illinois' Right of Publicity Act may also apply. GOVERNANCE EXPOSURE: High. The use of minors' names and images in advertising creates heightened exposure under COPPA and various state right-of-publicity statutes that extend protections to individuals under 18. For adult users, the breadth of this provision, covering any action taken on the platform, is notable in scope. JURISDICTION FLAGS: EU and EEA users may have GDPR-based grounds to challenge this use of personal data for advertising purposes, as consent obtained through broad terms acceptance may not meet GDPR's granularity requirements. California residents may have additional rights under CPRA. Users in jurisdictions with strong right-of-publicity protections may have recourse beyond what the terms acknowledge. CONTRACT AND VENDOR IMPLICATIONS: Businesses that advertise on Meta's platforms should be aware that their ad placements may be contextualized using the names and images of other users, which has implications for brand association and potential reputational risk if miscontextualized. Advertising contracts with Meta should be reviewed for indemnification provisions related to user right-of-publicity claims. COMPLIANCE CONSIDERATIONS: Organizations should ensure that any employee social media policies address the implications of employees' names and images appearing in advertising contexts. Compliance teams should assess whether the terms' consent mechanism satisfies applicable right-of-publicity and data protection requirements in relevant jurisdictions, particularly where employees use Meta platforms for business purposes.

Full compliance analysis

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

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Applicable agencies

  • FTC
    The FTC has authority over deceptive and unfair advertising practices, including undisclosed use of consumer identities in commercial endorsements.
    File a complaint →
  • State AG
    State attorneys general in California, Illinois, and New York have authority over right-of-publicity violations and state consumer protection claims related to unauthorized commercial use of personal identity.
    File a complaint →

Applicable regulations

EU AI Act
European Union
BIPA
Illinois, USA
CCPA/CPRA
California, USA
COPPA
United States Federal
Colorado AI Act
US-CO
CAN-SPAM
United States Federal
ePrivacy Directive
European Union
FTC Act Section 5
United States Federal
GDPR
European Union
TCPA
United States Federal
UK GDPR
United Kingdom

Provision details

Document information
Document
Meta Terms of Service
Entity
Meta
Document last updated
May 5, 2026
Tracking information
First tracked
May 9, 2026
Last verified
May 10, 2026
Record ID
CA-P-008669
Document ID
CA-D-00020
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
e03a88e0d76b267183cf8e19a6658f7b56c368a8d629529d09859fdd0c535750
Analysis generated
May 9, 2026 14:11 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Meta
Document: Meta Terms of Service
Record ID: CA-P-008669
Captured: 2026-05-09 14:11:28 UTC
SHA-256: e03a88e0d76b2671…
URL: https://conductatlas.com/platform/meta/meta-terms-of-service/advertising-use-of-user-names-and-photos/
Accessed: June 28, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Meta's Advertising Use of User Names and Photos clause do?

This clause establishes Meta's operational authority to incorporate user identity elements and activity information into advertising display mechanisms. The provision defines the scope of permitted use of user-generated identity and behavioral data for advertising purposes across the platform's product ecosystem.

How does this clause affect you?

Your name and profile picture may appear next to ads shown to your Facebook connections, based on actions you have taken such as liking a page, without your separate consent or any payment to you.

Is ConductAtlas affiliated with Meta?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Meta.