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National Advertising Division Finds Brave, Inc. Claim that it Does Not Share Data with Third Parties Supported; Recommends Two Other Claims be Discontinued

National Advertising Division (NAD) (PRNewsfoto/National Advertising Division,B)

News provided by

BBB National Programs

Jun 22, 2022, 09:00 ET

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NEW YORK, June 22, 2022 /PRNewswire/ -- The National Advertising Division (NAD) of BBB National Programs determined that Brave, Inc. supported the implied claim that its Brave web browser does not share personal data with third parties. However, NAD recommended that the advertiser discontinue two other claims stating that:

  • "Brave stops online surveillance."
  • "Shields everything . . . that can destruct your privacy."

Brave is an open-source privacy company that offers Shields, a web browser feature that, according to the advertiser, protects a user's privacy by blocking network requests for third-party advertising and tracking.

The claims at issue were challenged by NAD as part of its independent routine monitoring of truth and transparency in U.S. national advertising. In its inquiry, NAD examined online privacy protection claims, the accuracy of which consumers may not be able to assess on their own.

NAD determined that Brave's implied claim that it does not share personal data with third parties was supported by the fact that its practices are consistent with its privacy policy and its practice of not storing user data or sharing it with third parties, because it does not know who its users are, and its user searches are not stored.

However, NAD noted that the challenged claims that Brave "stops online surveillance" and "shields everything that can destruct your property" are unqualified and affirmatively promise total protection from surveillance, third-party tracking, and that Brave will not share personal data with third parties.

In support of its claims, Brave relied on:

  • The results of a study it conducted that reproduced searches on both Brave and Google Chrome to demonstrate the level of privacy protection provided in Brave through the Brave Shields feature, compared to the standard privacy settings in Google Chrome.
  • A study designed to assess the privacy risks associated with backend data exchanges between servers that occurs during general web browsing, including whether a browser's IP address can be tracked and if the browser discloses visits to third-party websites.
  • Its use of other privacy safeguards including its own filter lists based on community reports of privacy issues or concerns, and engagement with third-party lists.

NAD determined that although Brave's privacy protection might represent best practices in the industry, the evidence was not a good fit for the broad unqualified claims that Brave "stops online surveillance" and "shields everything that can destruct your privacy" and recommended that the claims be discontinued.

NAD noted that nothing in its decision prevents Brave from making properly qualified claims about its ability to protect consumers online.

In its advertiser statement, Brave stated that it "agrees to comply with NAD's recommendations" . . . because it "strongly supports self-regulation and NAD's mission." The advertiser further stated that "while we disagree with NAD's conclusion that the evidence Brave presented was 'not a good fit' for some of the statements that Brave used to describe its product, we no longer use" the two express claims that NAD examined.

All BBB National Programs case decision summaries can be found in the case decision library. For the full text of NAD, NARB, and CARU decisions, subscribe to the online archive.

About BBB National Programs: BBB National Programs is where businesses turn to enhance consumer trust and consumers are heard. The non-profit organization creates a fairer playing field for businesses and a better experience for consumers through the development and delivery of effective third-party accountability and dispute resolution programs. Embracing its role as an independent organization since the restructuring of the Council of Better Business Bureaus in June 2019, BBB National Programs today oversees more than a dozen leading national industry self-regulation programs, and continues to evolve its work and grow its impact by providing business guidance and fostering best practices in arenas such as advertising, child-directed marketing, and privacy. To learn more, visit bbbprograms.org.

About the National Advertising Division: The National Advertising Division (NAD) of BBB National Programs provides independent self-regulation and dispute resolution services, guiding the truthfulness of advertising across the U.S. NAD reviews national advertising in all media and its decisions set consistent standards for advertising truth and accuracy, delivering meaningful protection to consumers and leveling the playing field for business.  

SOURCE BBB National Programs

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