Can I gather IDFA for user on lower than iOS 14.5, and not implement ATT for users on 14.5?

As per subject,
I've been rejected because I declare I gather the IDFA but haven't implemented ATT. Still, in the code I'm just retrieving the IDFA for user on lower than iOS 14.5, therefore it should be allowed.
Can I gather IDFA for user on lower than iOS 14.5, and not implement ATT for users on 14.5?
 
 
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