MANAGING PRIVACY & SECURITY MARKETING RISKS: GUARANTEED OR YOUR MONEY BACK!*

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2 MANAGING PRIVACY & SECURITY MARKETING RISKS: GUARANTEED OR YOUR MONEY BACK!* Ruby Zefo V.P., Chief Privacy & Security Counsel Intel Corporation Sept Attorney-Client Privileged

3 *DISCLAIMER* *Your mileage may vary. Nothing stated herein constitutes legal advice. Money-back guarantee excludes any and all information conveyed in this session, which is free. But well worth your time. So thanks for coming.

4 AGENDA What Is a Marketing Claim? Truth or Consequences You Can t Handle The Truth! How Is This Stuff Enforced? No Pieces Left Behind: Marketing Claim Refresh The Good, The Bad, & The Ugly Top Takeaways

5 WHAT IS A CLAIM? a) A location staked by 49ers to pan for gold. b) Something in a patent blah blah blah. Zzzzzzz. c) An excuse that works your last nerve. d) An express claim: a literal statement of fact. Dwayne Johnson makes my heart go pitter patter." e) An implied claim: made indirectly or by inference. Dwayne Johnson is in movies that make my heart go pitter patter.

6 HOW IS A CLAIM MADE?

7 TRUTH OR CONSEQUENCES: CLAIMS IN ACTION!

8 " help ensure the latest security best practices are built into every product and service we offer." " company-wide best practices, processes and tools that help ensure your information is safe whenever you use Adobe products and services." " industry-leading encryption" and "industry-leading security".

9 All information that you provide will be protected with industry standard protocols and technology. Plus, premium members pay $$.

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11 (Regarding Norton antivirus software): "secure and manage... information against more risks" and "eliminate risks to information, technology and processes...."

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13 You can t handle the truth!

14 THERE S A LOT OF TRUTH TO HANDLE.

15 EVERYONE S GETTING INTO THE ACT

16 So what?

17 AVENUES OF ENFORCEMENT Federal Laws Sectoral Laws Self-Regulatory State/Local Laws Non-Binding Bodies Orgs (e.g. Regulators (e.g. FTC) NAD) EU/Member States Laws (Directive on Misleading & Comparative Advertising) Civil and Criminal Laws (e.g. Canada) General concepts on false/misleading ads are similar

18 QUICK REFRESH: MARKETING CLAIM REQUIREMENTS Sec. 5 of FTC Act prohibits: Unfair acts/practices; and Deceptive acts/practices A statement or omission that: Is likely to mislead consumers acting reasonably under the circumstances; and Is "material" important to a consumer's decision to buy or use the product. in or affecting commerce

19 HOW DOES THAT PLAY OUT? Truthful: 128-bit SSL encryption literally false. Not Misleading: Technically true may not be enough.

20 HOW DOES THAT PLAY OUT?

21 WHAT ELSE? Substantiated: document all claims prior to publication. Why? Mere puffery is generally OK: Claim Puffery

22 DISCLAIMERS Clear and conspicuous disclaimers are required in some jurisdictions (U.S. FTC) or are useful to avoid misunderstandings No contradictions with the ad language Location is also important FTC has detailed.com disclosure guidelines for online ads

23 THE GOOD, THE BAD, & THE UGLY Nobody knows, the trouble I seen.

24 THE UGLY Shop with confidence knowing that your credit card data is always 100% secure with us. We guarantee it!

25 METAMORPHOSIS Shop with confidence knowing that we use SSL encryption on our website and incorporate PCI Data Security Standards in our handling of your credit card information.

26 METAMORPHOSIS Shop with confidence knowing that we care about your secure shopping experience.

27 THE GOOD?? We promise we won t sell your address to anyone. Feel protected without feeling restricted. We re working around the clock to help keep your account secure. Attack threats before they attack you.

28 OH, AND ONE MORE THING But my competitor is guaranteeing 100% privacy and security!

29 ARE THEY? THE BAD

30 Garantía de seguridad no incluye ninguna de las vulnerabilidades de seguridad en absoluto, como no puede ser de seguridad 100% segura. La Compañía no acepta pagar cualquier directo, incidental o consecuencial, como resultado de la inseguridad. Estás en tu propio, pal. ARE THEY REALLY? THE UGLY

31 OR IS IT ACTUALLY THIS. $$

32 OR MORE LIKELY THIS. *We ll remove any malware negatively impacting your system or refund your original purchase price in full. Click here for additional terms and conditions.

33 TOP TAKEAWAYS Create and enforce the use of approved messaging. Also, conform to your company s policy positions and limit authorized speakers. No pieces left behind. Don t exaggerate, confabulate, fabricate, lie, cheat, steal, mislead, misrepresent, deceive, distort, prevaricate or litter! Claims should be truthful, current and complete. Consider no claims! Decide what s going to need legal review: always, sometimes based on key content, self-help only. Request reasonable substantiation of all claims in advance of publication, and a decent retention system. Watch out for buzz words and graphics: ensure, assure, guarantee, 100%, always, all/every, promise, latest, best, industry-leading. Soften the language ( designed to, helps, ) or use puffery. Provide client training. And a flask.

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35 @RubyZefo (if that is my real name)

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