Data Accelerator Legal Information and FAQs
Introduction
This document provides essential guidance on the legal compliance steps necessary to use the Data Accelerator Site Visitor ID Tool responsibly and in accordance with relevant laws. Our commitment to privacy and data protection is paramount, and we are dedicated to ensuring that you uphold these standards while using our product. Please be aware that this document is for informational purposes only and does not constitute legal advice.
Compliance Responsibility
It is your responsibility to ensure that the collection and use of personal information comply with all applicable laws and regulations. If you have any legal questions or require specific legal advice, please consult with a qualified legal counsel.
Data Usage Agreement
Your use of the data collected and provided by our Site Visitor ID Tool is subject to our Data Consulting Agreement. It is crucial to review and understand this agreement to be fully aware of your obligations and rights.
Overview of Data Accelerator Site Visitor ID Tool
The Data Accelerator Site Visitor ID Tool helps you identify and connect with visitors to your website by collecting information through a pixel installed on your site. This information includes usage statistics, device specifics, and personal information provided by the user. We utilize this data to create comprehensive visitor profiles, which can be used for targeted marketing and outreach initiatives.
Legal Compliance Requirements
To ensure compliance with U.S. privacy laws, particularly the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), users of our service must adhere to the following requirements:
1. Privacy Policy Updates
Your privacy policy must be compliant with CPRA and should include specific disclosures about the data collection and usage practices facilitated by Data Accelerator. We recommend incorporating the following language into your privacy policy:"When you visit our website, we use cookies and similar technologies to collect certain information about your visit. This may include:
Usage Data:
Information about how you use our site, such as pages visited, time spent on pages, and links clicked.
Device Information:
Details about the device you use to access our site, including IP address, browser type, and operating system.
Personal Data:
If you provide it, we may collect information such as your email address, phone number, or other contact details.
We may combine this automatically collected information with other data we receive from third-party sources, such as data providers and marketing partners, to create a more complete profile of you. We then use this profile to communicate with you, including providing personalized advertising and promotional content based on your interests and browsing behavior. You may opt out of this at any time."
2. Cookie Banner
You must implement a cookie banner on your website that:
Obtains affirmative consent from visitors before deploying cookies or similar technologies.Clearly informs visitors about the types of data being collected and the purposes of this collection.Provides an option for visitors to opt out of data collection.
Example Cookie Banner
"This website uses cookies and similar technologies to collect information about your visit to enhance your experience and for marketing purposes. By clicking ‘Accept,’ you consent to our use of these technologies. You can opt out at any time through our privacy policy."
3. Data Handling Practices
Ensure that all data collected via the Data Accelerator pixel is managed in compliance with applicable U.S. laws, particularly focusing on CPRA requirements for California residents. This includes respecting user rights to access, delete, or opt-out of the sale or sharing of their personal
information.By
adhering to these requirements, you can ensure that your use of the Data Accelerator Site Visitor ID Tool is legally compliant and respects the privacy rights of your website visitors. If you have any questions or require further assistance, please consult your legal counsel.
Frequently Asked Questions (FAQ)
1. How does the Data Accelerator pixel comply with U.S. state privacy laws?
We ensure adherence to U.S. state privacy laws, such as the CCPA and CPRA, by mandating that our customers include clear and comprehensive disclosures in their privacy policies. Additionally, explicit consent must be obtained through a cookie banner before any data collection begins. These measures are implemented to maintain transparency and uphold user privacy rights.
2. What is required in the privacy policy regarding the pixel?
Your privacy policy must explicitly disclose the types of data collected through the pixel, the purposes for which this data is utilized, and the possibility of combining this information with data from other sources to construct user profiles. We recommend using the provided text in the “Privacy Policy Updates” section verbatim or customizing it with legal advice to ensure full compliance.
3. What should our cookie banner say?
Your cookie banner should provide clear information to visitors about the use of cookies and similar technologies for data collection. It should briefly summarize the types of data collected and their purposes, and offer an opt-out option. Here’s an alternative example: “This website uses cookies and similar technologies to collect information about your visit for marketing purposes and to enhance your experience. By clicking ‘Accept,’ you consent to our use of these technologies. You can manage your preferences or opt-out at any time via our privacy policy.”
4. What rights do users have under CCPA and CPRA?
Under the CCPA and CPRA, users are entitled to the following rights:Right to Know: Users have the right to be informed about the personal information that is being collected about them.Right to Deletion: Users can request the deletion of their personal information from your records.Right to Opt-Out: Users have the right to opt-out of the sale or sharing of their personal information.Right to Non-Discrimination: Users should not face any discrimination for exercising their privacy rights.You must provide accessible mechanisms for users to exercise these rights, typically through your website’s privacy policy or a dedicated privacy portal. These mechanisms should be easy to locate and use to ensure compliance with the CCPA and CPRA.
5. How do we handle opt-out requests?
Opt-out requests must be honored promptly and efficiently. Your privacy policy should detail how users can opt-out of data collection and marketing communications. This typically involves providing a clear and accessible opt-out link or comprehensive instructions on how to unsubscribe from such communications.
6. Can we use the data collected by the pixel for marketing purposes?
Yes, provided you have obtained the necessary user consent and clearly disclosed this practice in your privacy policy. Compliance with the CAN-SPAM Act is crucial if the data is used for email marketing. Ensure that all communications include a clear and simple method for recipients to unsubscribe from future messages.
7. Are there any exemptions from complying with these privacy laws?
Certain small businesses may be exempt from specific privacy law requirements based on revenue thresholds or the volume of data processed. For example, under the CPRA, companies with annual gross revenues under $25 million or those handling personal information from fewer than 100,000 California residents annually may have limited obligations. It is advisable to consult with legal counsel to understand your specific obligations.
8. Is Data Accelerator Site Visitor ID GDPR and PIPEDA compliant?
Yes, we strictly collect information from confirmed U.S.-located IP addresses to ensure compliance with GDPR and PIPEDA. Our pixel does not collect or provide any information from users located in the EU or Canada, thereby adhering to these regulations.