Additional Terms For The LinkedIn DMA Portability API Programs

Using the LinkedIn DMA Portability APIs, you will be able to retrieve data from the LinkedIn platform. When you use the LinkedIn DMA Portability APIs, you agree to be bound by the following terms, so please take a few minutes to review them. 

Last revised on 18 November 2023. 

1.1 About these Additional Terms for the LinkedIn DMA Portability API Programs 

By using the APIs, software, documentation, tools, and data that LinkedIn makes available to you as part of the LinkedIn DMA Portability API Programs (“Portability Programs”), you are agreeing to be bound by these Additional Terms for the LinkedIn DMA Portability API Programs (“Portability Terms”) and the LinkedIn API Terms of Use (“API Terms of Use”). The Portability Terms are incorporated into the API Terms of Use as “Additional Terms” (collectively, these “Terms”). All capitalized terms not defined herein will have the meaning given to them under the API Terms of Use. Any summaries of these Portability Terms included in the highlighted boxes reference only some of the key provisions of these Portability Terms and are not a substitute for them. As used in these Portability Terms, “Portability APIs” means the APIs, software, documentation, tools, and other functionality that LinkedIn makes available as part of the Portability Programs.

1.2 Description of the Portability Programs

As part of the Portability Programs, to the extent legally required (for example, to comply with the Digital Markets Act (Regulation (EU) 2022/1925 (“DMA”)), LinkedIn is granting developers the ability to integrate the Portability APIs into their application (“Portability Application”) in order to enable Members and Page Admins, via the Portability Application, to obtain and use certain data that the Member or the Page Admins, respectively, provided to the LinkedIn Service or that was generated through their use of the LinkedIn Service (“Portability Data”). LinkedIn Pages (“Page(s)”) are pages created on the LinkedIn Service that represent an organization and allow the organization to educate and engage with Members. “Page Admin(s)” are Members that have been assigned an administrator role on a Page to manage or monitor the Page’s content and activity. 

Your use of any of the Portability APIs must comply with the relevant technical documentation made available to you (“Portability Documentation”).

Portability Data includes the Portability Application-specific alphanumeric user IDs that we provide to you for identifying Users of your Portability Application (“Member Tokens”) and the authentication tokens that we provide to you when a Member (including Page Admins) authenticates your Portability Application to their LinkedIn account (Member account or Page Admin account, as applicable) (“OAuth Access Tokens”).

1.3 Relationship to Other LinkedIn API Terms and Inapplicability of Certain Terms

To the extent there is a conflict between these Portability Terms and the API Terms of Use, these Portability Terms will control. 

For the Portability Programs, any reference in the API Terms of Use to: (a) “Content” or “Content accessed/collected through the APIs” will apply to Portability Data; (b) “Application” will apply to each Portability Application; (c) “Terms” will apply to the API Terms of Use with these Portability Terms incorporated therein; (d) “API” will apply to each Portability API; (e) “Users” or “Users of your Application” will apply to Members or Page Admins that use your Portability Application, as applicable; (f) “Developer Documentation” will apply to Portability Documentation; and (g) “developer(s)” and “our developer program” will apply to you and the Portability Programs respectively.  

The following terms of the API Terms of Use will not apply to your use of the Portability APIs: (a) any references to self-serve API programs; (b) Section 3 (“Use of APIs and LinkedIn Content”); (c) Section 4 (“Storage of Content”); (d) Section 7.1(b) (“Suspension of User’s Access”); (e) Section 7.2 (“Monitoring”) with respect to LinkedIn’s physical access to Systems relating to your use of the Portability APIs or Portability Data; (f) Section 8.2 (“Costs and Fees”); and (g) Section 11 (“Suspension; Termination”). 

For clarity, with the exception of obligations related to data security and compliance with law, any provisions of the API Terms of Use that impose restrictions on the types of business use cases that can be supported through use of the Portability APIs, do not apply to your use of the Portability Data.

1.4 Description of Portability APIs and Portability Data

1. Member Portability APIs. Using the Member Portability APIs, Portability Applications can access a Member’s Portability Data (“Member Portability Data”) upon that Member’s authorization.
2. Pages Portability APIs. Using the Pages Portability APIs, Portability Applications can access a Page’s Portability Data (“Pages Portability Data”) upon authorization by a Page Admin.

2.1 Requirements for Portability APIs

In addition to the other terms and conditions in these Terms, except as expressly set forth herein, you agree not to, nor to authorize your Users to, do the following:

General Requirements

1. Disclose or provide the Portability APIs or Access Credentials to any person or entity other than to your employees or independent contractors, provided (a) such employees or independent contractors enter into a written agreement with you at least as protective of the Portability APIs, Access Credentials, and LinkedIn’s rights as these Terms; (b) you hereby agree to be responsible for, and liable to LinkedIn for, any breaches of such agreements by such employees or independent contractors; and (c) you will suspend or terminate an employee’s or independent contractor’s ability to access the Portability APIs or Access Credentials if you become aware that such access is being used in an illegal manner or in violation of the restrictions included in these Terms;
2. Request information impersonating a Member or Page, or misrepresent any User or other third party;  
3. Use, distribute, or transfer the Portability APIs or Portability Data for any illegal purposes, or in any manner which would violate these Terms, or breach any laws or regulations regarding privacy or data protection, or violate the rights of third parties or expose LinkedIn or its Members to legal liability;
4. Remove any legal, copyright, trademark or other proprietary rights notices contained in or on materials you receive or access pursuant to these Terms, including the Portability APIs, the Portability Documentation, and the Portability Data;
5. Make any statements or use, distribute, or transfer any Portability API or Portability Data in a manner that expresses or implies that you, your Portability Application or your use of the Portability Data is sponsored or endorsed by LinkedIn;
6. Interfere with or disrupt the LinkedIn Services or servers or networks connected to the LinkedIn Services, or disobey any requirements, procedures, policies or regulations of networks connected to the LinkedIn Services, or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of any Portability API; 
7. Obfuscate or hide your deployment or use of any LinkedIn buttons, sign-in functionality, consent or authorization flows from your Users; 
8. Provide functionality that proxies, requests or collects LinkedIn usernames or passwords; 
9. Copy, adapt, reformat, reverse-engineer, disassemble, decompile, decipher, translate or otherwise modify any Portability API, Access Credential, Portability Documentation, LinkedIn Services, LinkedIn Brand Features, or other information or service from LinkedIn, through automated or other means; 
10. Access, store, display, or facilitate the transfer of any LinkedIn content obtained through the following methods: scraping, crawling, spidering or using any other technology or software to access LinkedIn content outside the Portability APIs (such content, collectively, “Non-Official Content”). This restriction applies (1) whether the Non-Official Content was obtained directly or indirectly through a third party, such as a customer or third party developer, and (2) whether or not the Non-Official Content is stored or displayed in the Application or some other resource, product or service; 

Specific Requirements for Portability Data

1. Make any statements or in any way imply that LinkedIn has “verified” or “confirmed” the veracity or accuracy of any Portability Data;
2. Use Portability Data or distribute or transfer Portability Data for use, in any manner that facilitates bias or discriminatory practices, whether intentional or inadvertent, based on any sensitive or legally protected categories or characteristics (including race, color, national origin, religion, sex, age, disability, immigration status, gender identification, or sexual orientation);  
3. Distribute, license, or allow third parties access to any stand-alone API; and
4. Attempt to re-identify any de-identified or anonymized data.

2.2 Additional Restrictions for the Pages Portability APIs and Pages Portability Data

1. If, as part of the Pages Portability Data, you receive access to any LinkedIn standardized data (“Standardized Data”), including standardized locations, industries, degrees, job functions, and other fields as specified in the Developer Documentation, you must not: (a) export, transfer, or distribute any Standardized Data to any third party; (b) create any derivative of Standardized Data (e.g., by modifying such data or by combining it with other data); (c) misrepresent the origin of any Standardized Data; or (d) use any Standardized Data for the purpose of building any product or service unrelated to the purpose of enabling Page Admins to access their Pages Portability Data from the LinkedIn Services. 
2. If, as part of the Pages Portability Data, you have access to any Microsoft Bing Maps location data, you hereby also agree: (1) to Microsoft Bing Maps and MapPoint Web Service End User Terms of Use and Embedded Maps Service Terms of Use and the Microsoft Privacy Statement (collectively, the “Microsoft Terms”) in connection with your use of such data; and (2) that the Microsoft Terms shall govern in the event of a conflict with these Terms. 
3. If you have a Portability Application that is provisioned with the Pages Portability APIs and another Application that is provisioned with the Community Management APIs, you must not combine any data across those Applications. For clarity, these Portability Terms shall apply to the use of Pages Portability Data, and the Additional Terms for the LinkedIn Marketing API Program shall apply to the use of marketing data returned via the Community Management APIs.

3.1 Member Portability Data

To the extent required under applicable law, you must obtain legally valid consent from a Member before you may store that Member’s Member Portability Data.  

You may continue to store the Member Portability Data for so long as you have all necessary rights to do so (e.g., for personal data, you have a continuing legal basis to process such data).

You must immediately delete all of a Member’s Member Portability Data, upon request by that Member or when the Member closes their account with you, except when doing so would cause you to violate any law or obligation imposed by a governmental authority.

3.2 Pages Portability Data

Except for as set forth below, you may store the Pages Portability Data for so long as you have all necessary rights to do so (e.g., for personal data, you have a continuing legal basis to process such data):

1. Standardized Data may be stored for up to one year.  
2. Microsoft Bing Maps location data may not be stored for any amount of time. 
   

You must immediately delete all of a Page’s Pages Portability Data, upon request by the organization managing the relevant Page or when the organization managing the Page closes their account with you, except when doing so would cause you to violate any law or obligation imposed by a governmental authority.

3.3 Data Protection

To the extent you process Personal Information received from us under these Terms, you and LinkedIn agree that the LinkedIn Data Processing Agreement for Business Development Agreements (“BD DPA”), currently located at https://legal.linkedin.com/bd-dpa, shall govern such processing and it is expressly incorporated by reference herein. “Personal Information” shall have the meaning given in the BD DPA.

4.1 Duration of Portability Terms

The duration of these Portability Terms will be from the date upon which you agree to these Portability Terms or the date you start using any Portability API (whichever occurs first) and continue until terminated as set forth below.

4.2 Your Termination Rights

You may terminate these Portability Terms for any reason by discontinuing use of the Portability APIs.

4.3 Suspension; Termination

We may suspend or terminate your use of all or any of the Portability APIs at any time if: (a) we believe you have violated these Terms; or (b) you have not recently used any such Portability API (e.g., no calls have been made to the APIs in at least three months, and, after notification of such inactivity, you remain inactive). 

If consistent with applicable legal requirements, we may discontinue or suspend the availability of some or all of the Portability APIs at any time for any reason. We shall provide you with 30 days notice, unless we discontinue or suspend such availability to protect the security or integrity of the Portability APIs or LinkedIn Service, to address user security or user privacy issues, or for legal compliance reasons. 

If consistent with applicable legal requirements, we may also impose limits or make changes to the scope of Portability Data provided via the Portability APIs. 

Although we will endeavor to provide prior notice of our exercise of our rights pursuant to this Section, it may not be practical or commercially reasonable in all circumstances. Accordingly, all of our rights in this section may be exercised without prior notice or liability to you.

4.4 Termination for Cause

Either party may terminate these Portability Terms: (a) if the other party files a voluntary petition for bankruptcy or a petition or answer seeking a reorganization; (b) if the other party has filed against it an involuntary petition for bankruptcy that has not been dismissed within 60 days thereof; (c) if the other party becomes insolvent, admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of its creditors; (d) if the other party applies for or consents to the appointment of a receiver, trustee or liquidator for substantially all of its assets or such receiver, trustee or liquidator is appointed for the other party; or (e) upon the occurrence of a material breach of these Portability Terms by the other party, if such breach is not cured within 10 days after written notice identifying the matter constituting the material breach is provided by the non-breaching party.

4.5 Effect of Termination

Upon termination of these Portability Terms:

a. all licenses granted under these Portability Terms will terminate immediately;

b. upon request, each party will promptly return to the other party or delete all tangible embodiments of confidential information of such party in its possession, custody or control; and

c. LinkedIn will not be liable for any costs, expenses, or damages as a result of termination of these Portability Terms.

Notwithstanding the above, each party may retain a copy of these Portability Terms and such other confidential information of the other party as reasonably required for legal and auditing purposes.

4.6 Survival

Upon termination of these Portability Terms, all rights granted under these Portability Terms will immediately terminate. The following sections will survive termination of these Portability Terms: all definitions, Sections 1.3 (“Relationship to Other LinkedIn API Terms and Inapplicability of Certain Terms”), 2 (“Use of the Portability APIs and Portability Data), 3 (“Storage of Portability Data”), 4.6 (“Survival”), and 5 (“Miscellaneous”).

5.1 Applicable Law

If any provision of these Terms is found to be illegal, unenforceable, or otherwise not in compliance with applicable law (including the DMA), the unenforceable provision will be modified so as to render it enforceable. If a given provision cannot be so modified, it will be severed and the remaining provisions of these Terms will not be affected in any way.

5.2 Costs and Expenses

Each party will bear its own costs and expenses in performing its obligations under these Portability Terms.

5.3 General Terms

These Terms supersede any and all prior agreements, proposals (oral and written), understandings, representations, conditions, warranties, covenants, and other communications between the parties which relate to the subject matter of these Terms. Where written approval is required under these Terms, such approval must be by a duly authorized representative of the consenting party.