Though it may come through, uh...legal...means, a definition of what constitutes “sensitive data” for the ad industry and the FTC may be on the horizon.

Rewind: In August, the FTC and the data broker Kochava sued each other over location data sold by the company that the agency alleged could be used to track consumers “to and from sensitive locations.”

Kochava has argued that these accusations are baseless and claimed that it was planning on removing “sensitive locations” from its data marketplace anyway. Earlier this month, Kochava said the removal went into effect as it unveiled its previously announced Privacy Block tool, which the company said removes the following:

• “Health and wellness service centers and clinics, religious institutions, schools, financial credit institutions, federal buildings, correctional institutions, dependency and addiction treatment centers, homeless shelters, halfway houses, and more.”
• In total, Kochava said it’s eliminating 2.4+ million sensitive locations, the list of which came from a third party that the company declined to share with Marketing Brew.

But wait, there’s more: Charles Manning, Kochava’s CEO, told us that prior to the lawsuits, Kochava was offered a proposed consent order from the FTC in July—basically, a settlement—that “was built entirely around actually blocking…sensitive health locations.” (When asked, Kochava declined to share a copy of the proposed consent order “given the active litigation.”)

According to Manning, the data broker asked for clarity on the definition of “sensitive health locations” before the litigation, and in his view, “the FTC refused to clarify,” so Kochava sued.

“What we’re not willing to agree to is a settlement that is ambiguous,” Manning said.

Keep reading here.—RB

Podcasting isn’t like other girls digital channels. It’s not inherently visual. It largely wasn’t considered mainstream until 2014 (when Serial was first released). And its advertising processes are still fairly manual.

Slowly but surely, that’s changing. The latest example of podcast advertising’s move into automation comes from host-read advertising marketplace Gumball, spun off from comedy podcast network Headgum, which just rolled out a new tool.

• Called Gumshoe, the tool measures ad delivery in real time thanks to the addition of pixels and prefix URLs to the 200+ podcasts on the Gumball platform, allowing for more speed and transparency in sharing campaign results with advertisers, Gumball CEO Marty Michael told Marketing Brew.
• “This is something we felt like we needed as we grow, because this is a way for us to be able to check in on the health of our own ecosystem as it scales up,” Michael told us.

Click here to read how it works.—AM

Each Tuesday, we spotlight Marketing Brew readers in our Coworking series. If you’d like to be featured, introduce yourself here.

Matt Molino is EVP of strategy and communications at experience agency NVE.

What’s your favorite ad campaign? In advertising right now—it’s gotta be anything the team at Mirimar US is working on. We were lucky to play a part in the “Quartertime Show” efforts for GoPuff around the Super Bowl. The team is brilliant, disruptive, and, most importantly, fun to have a beer with.

One thing we can’t guess from your LinkedIn profile? The best marketing education I received was from behind the bar. It’s a PhD in people. Working in the hospitality industry is an incredible advantage when it comes to connecting with people, understanding their needs, and how to make them feel heard and welcome. My No. 1 recommendation for juniors looking to get better in business.

Favorite project you’ve worked on? So many to name, but I’m constantly inspired by the work and the brand worlds our Diageo team is building for their portfolio. Special shouts to tequila Don Julio’s “Casa Primavera,” Diageo’s “Beyond the Pour,” Chateau Cîroc, and the work our team has on the horizon for Smirnoff.

What marketing trend are you most optimistic about? Least? Most optimistic: The further blending of great experiential and great content. Least optimistic: The metaverse (as a strategy to drive headlines versus true consumer and business benefit).

What’s one marketing-related podcast, social account, or series you’d recommend? TheFutureParty Newsletter.

There are a lot of bad marketing tips out there. These aren’t those.

Bandwagon: Check out what’s trending on TikTok to help decide which ones are worth jumping on.

Get chatty: If you use chatbots, here are the nine metrics you should be tracking.

Cleanup: Give your site’s SEO a facelift with these tips on improving site rankings.

Stream on: Tubi’s 100% ad-supported streaming platform is built to serve audiences and advertisers. See why over 56m users choose Tubi every month—and how your brand can reach them. Learn more.*

^{*This is sponsored advertising content.}

Have you been wondering how HBO is crushing the modern marketing game (any House of the Dragon stans)? Or how Duolingo’s Duo the owl became a storytelling sensation on TikTok? And really, how the heck has Vans managed to transcend the generations and stay part of the cool crowd, even as our beloved skinny jeans get dunked on day after day?

Well, you’ll find the answer to all these questions and more (yes, much more) at the biggest Marketing Brew event yet: The Brief on Nov. 15. This jam-packed day of panels, presentations, and networking will give you strategies to implement immediately, plus the chance to interact personally with some of the best in the industry (not to mention your fellow marketing rock stars). Quick: We have advanced pricing for only a limited time, so grab your ticket here before the cost goes up!

The best part of wakin’ up is Folgers in your cup! How much did the future royalties for the catchy coffee jingle sell for in an auction last year?

1. $45,200
2. $90,500
3. $203,400
4. $552,080

Keep scrolling for the answer.

Catch up on a few Marketing Brew stories you might have missed.

• Entertainment companies are leaning into branded merch to boost TV-show fandom
• Why Klondike decided to run one last Choco Taco campaign
• Investigation finds that nearly 90 apps may have been committing ad fraud