LifeLock 2015 Annual Report Download - page 142

 
All disclaimers and disclosures must be clear and conspicuous such that consumers are able to notice, read or hear, and understand the
information. A clear and conspicuous disclaimer and disclosure is one that has appropriate presentation, placement, proximity and prominence, with
respect to the relevant or triggering claim. This is especially important in the context of Internet-based advertising and special care must be given in
order to recognize and respond to any technological limitations or unique characteristics of high-tech methods of making disclosures, such as
frames or pop-ups.
 Presentation. The disclaimers and disclosures should be presented in an easy to understand format that does not contradict other
information.
 Careful consideration should be given to the color and graphic treatment of all disclosures in relation to other parts of the collateral.
 The disclaimers and disclosures should be presented at a time when the consumer’s attention is not distracted elsewhere.
 Placement. The disclaimers and disclosures should be placed in a location where consumers can be expected to look or hear, as close as
possible to the triggering claim.
 Design advertisements so that “scrolling” is not necessary in order to find a disclosure. When scrolling is necessary, use text or visual
cues to encourage consumers to scroll to view the disclosure.
 Repeat disclosures, as needed, on lengthy websites and in connection with repeated claims. Disclosures may also have to be repeated if
consumers have multiple routes through a website.
 Disclosure must be made before the consumer “call to action” (e.g. consumer takes initial action such as pressing a “Sign Up Now”, “Buy
Now”, “See More Now”, “Learn More”, etc.) and/or the first link taking the consumer to another page, and always provided before the
consumer makes the decision to buy.
iii. Proximity. The disclaimers and disclosures must be in close proximity to the claim it qualifies.
 All devices that consumers use to view marketing materials and other information should be taken into consideration. If it is necessary to
scroll down to see the disclosure, then the disclaimers do not have appropriate proximity to the claim.
 When practical, incorporate relevant limitations and qualifying information into the underlying claim, rather than having a separate
disclosure qualifying the claimFor example, when discussing a free trial period, it is better to immediately follow the free trial statement
with the pricing and payment terms, and any other terms associated with a continued subscriptionfollowing the trial period.
 When space-constrained marketing material requires a disclosure, incorporate the disclosure into the marketing material whenever
possible. However, when it is not possible to make a disclosure in a spaceconstrained marketing material, it may, under some
circumstances, be acceptable to make the disclosure clearly and conspicuously on the page to which the marketing material links.
 All disclosures for free products and free trials must be placed immediately following the claim.
iv. ProminenceThe disclaimers and disclosures should be prominent enough for the consumer to notice.
 The size of a disclosure should be compared to the type size of the claim and other text in the communication (whether on screen or
print). If a claim uses a particular color or graphic treatment, the disclosure should be formatted the same way to help ensure that
consumers who see the claim are also able to see the disclosure and relate it back to the claim it modifies.
 The font of any disclaimers and disclosures should not be smaller than the smallest font in the relevant section and in no event less than
8 pt.
  - When describing the capability or benefits of specific features, terminology should be factually accurate and reflect a
feature’s benefits and limitations. Marketing materials must avoid misleading statements and overstating claims. The information below provides
the guidance for the marketing of features.
