Instagram seeks right to sell access to photos to advertisers

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Facebook's photo-sharing site Instagram has updated its privacy policy giving it the right to sell users' photos to advertisers without notification.

Unless users delete their Instagram accounts by a deadline of 16 January, they cannot opt out.

The changes also mean Instagram can share information about its users with Facebook, its parent company, as well as other affiliates and advertisers.

The move riled social media users, with one likening it to a "suicide note".

The new policies follow Facebook's record $1bn (£616m; 758 euro) acquisition of Instagram in April.

Facebook's vice-president of global marketing solutions Carolyn Everson earlier this month had said: "Eventually we'll figure out a way to monetise Instagram."

A notice updating the privacy policy on the Instagram site said: "We may share your information as well as information from tools like cookies, log files, and device identifiers and location data with organisations that help us provide the service to you... (and) third-party advertising partners."

"To help us deliver interesting paid or sponsored content or promotions, you agree that a business may pay us to display your username, likeness, photos, in connection with paid or sponsored content or promotions, without any compensation to you," it said in its terms of use.

But Instagram said that its aim was to make it easier to work with Facebook.

"This means we can do things like fight spam more effectively, detect system and reliability problems more quickly, and build better features for everyone by understanding how Instagram is used," it said in a statement.

'Suicide note'

However, the updated policy will not change how it handles photo ownership or who is able to see a user's pictures, it added.

But the new policy has triggered a backlash among social media users, with some threatening to quit.

One user tweeted: "Good bye #instagram. Your new terms of service are totally stupid and nonsense. Good luck playing with the big boys."

New York-based photographer Clayton Cubbit wrote on his account that the new policy was "Instagram's suicide note".

Analysts said that the new policies could deal a blow to Facebook's reputation and alienate some users.

Richard Holway, chairman of TechMarketView, said: "Every time Facebook has altered their privacy policy it has led to a backlash and they've been forced to retreat. They tamper with people's privacy at a cost. People are very upset."

Alan Pelz-Sharpe, research director at 451 Research, added: "It's a barefaced tactic that Facebook and Instagram have taken, and one that will likely meet with many challenges, legally and ethically.

"The fact is that Facebook has critical mass, and is quite confident that such moves may cause uproar, but not a flight of business.

"Larger firms like Facebook are essentially trailblazing before specific regulations can catch up with them, and as we have seen with Google in the past, regulations and laws have limited real impact on their business operations - so they tend to move forward regardless of opposition."

Code:
http://www.bbc.co.uk/news/technology-20767537
 
An update from Instagram on the situation;

Yesterday we introduced a new version of our Privacy Policy and Terms of Service that will take effect in thirty days. These two documents help communicate as clearly as possible our relationship with the users of Instagram so you understand how your data will be used, and the rules that govern the thriving and active Instagram community. Since making these changes, we’ve heard loud and clear that many users are confused and upset about what the changes mean.

I’m writing this today to let you know we’re listening and to commit to you that we will be doing more to answer your questions, fix any mistakes, and eliminate the confusion. As we review your feedback and stories in the press, we’re going to modify specific parts of the terms to make it more clear what will happen with your photos.

Legal documents are easy to misinterpret. So I’d like to address specific concerns we’ve heard from everyone:

Advertising on Instagram From the start, Instagram was created to become a business. Advertising is one of many ways that Instagram can become a self-sustaining business, but not the only one. Our intention in updating the terms was to communicate that we’d like to experiment with innovative advertising that feels appropriate on Instagram. Instead it was interpreted by many that we were going to sell your photos to others without any compensation. This is not true and it is our mistake that this language is confusing. To be clear: it is not our intention to sell your photos. We are working on updated language in the terms to make sure this is clear.

To provide context, we envision a future where both users and brands alike may promote their photos & accounts to increase engagement and to build a more meaningful following. Let’s say a business wanted to promote their account to gain more followers and Instagram was able to feature them in some way. In order to help make a more relevant and useful promotion, it would be helpful to see which of the people you follow also follow this business. In this way, some of the data you produce — like the actions you take (eg, following the account) and your profile photo — might show up if you are following this business.

The language we proposed also raised question about whether your photos can be part of an advertisement. We do not have plans for anything like this and because of that we’re going to remove the language that raised the question. Our main goal is to avoid things like advertising banners you see in other apps that would hurt the Instagram user experience. Instead, we want to create meaningful ways to help you discover new and interesting accounts and content while building a self-sustaining business at the same time.

Ownership Rights Instagram users own their content and Instagram does not claim any ownership rights over your photos. Nothing about this has changed. We respect that there are creative artists and hobbyists alike that pour their heart into creating beautiful photos, and we respect that your photos are your photos. Period.

I always want you to feel comfortable sharing your photos on Instagram and we will always work hard to foster and respect our community and go out of our way to support its rights.

Privacy Settings Nothing has changed about the control you have over who can see your photos. If you set your photos to private, Instagram only shares your photos with the people you’ve approved to follow you. We hope that this simple control makes it easy for everyone to decide what level of privacy makes sense.

I am grateful to everyone for their feedback and that we have a community that cares so much. We need to be clear about changes we make — this is our responsibility to you. One of the main reasons these documents don’t take effect immediately, but instead 30 days from now, is that we wanted to make sure you had an opportunity to raise any concerns. You’ve done that and are doing that, and that will help us provide the clarity you deserve. Thank you for your help in making sure that Instagram continues to thrive and be a community that we’re all proud of. Please stay tuned for updates coming soon.

Sincerely,

Kevin Systrom co-founder, Instagram

Code:
http://blog.instagram.com/post/38252135408/thank-you-and-were-listening
 
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