Site tracking and the GDPR

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Site Tracking and the GDPR

Introduction

The site tracking feature of ActiveCampaign allows businesses to track visits made to their websites by contacts, enabling personalized marketing efforts through focused segmentation and targeted campaigns. However, with the implementation of the General Data Protection Regulation (GDPR) in the European Union, there are important legal considerations to ensure compliance when utilizing site tracking, particularly for businesses that process the personal data of EU residents. This article explains the significance of site tracking in relation to GDPR compliance and how to make necessary adjustments to meet regulatory standards.

How to Access This Feature

To access the site tracking functionality in ActiveCampaign, navigate within your account settings. You can find this option under Settings > Tracking. Here, you can locate and modify the site tracking code, which is crucial for GDPR compliance.

Step-by-Step Instructions to Update Site Tracking for GDPR

Follow these steps to ensure that your site tracking setup complies with GDPR regulations:

Step 1: Replace the Site Tracking Code

To align with GDPR compliance requirements, you must replace the active site tracking code on your website with an updated version: 1. Log into your ActiveCampaign account. 2. Navigate to Settings and then select Tracking. 3. Copy the new tracking code indicated in the Tracking Code box. 4. Paste the updated code into your website's HTML, replacing the existing tracking code.

Step 2: Update the "Track by Default" Setting

After replacing the site tracking code, review the Track by Default setting within the code: 1. Locate the line that states:

  ```
  vgo('setTrackByDefault', true);
  ```

2. Update it to:

  ```
  vgo('setTrackByDefault', false);
  ```

This adjustment is essential as it prevents automatic tracking of page visits without explicit consent, aligning your practices with GDPR requirements.

Step 3: Create a "Tracking Consent" Notice

Develop a notice on your website that requests permission from contacts regarding tracking: 1. Ensure the notice specifies what information will be collected, how it will be used, and that consent can be withdrawn at any time. 2. The language used should be clear and straightforward, with a method for individuals to indicate their consent, such as a button or checkbox labeled "I agree" or "Accept."

Step 4: Code Snippet for Consent Handling

To handle the acceptance of tracking properly, implement a code snippet on your "Yes/Agree" button: 1. When someone consents to tracking, execute the following code:

  ```javascript
  vgo('process', 'allowTracking');
  ```

2. To manage future visits, set a temporary cookie to remember consent:

  ```javascript
  if (document.cookie.indexOf('accept_cookies') !== -1) {
      vgo('process', 'allowTracking');
  }

  $('.btn').on('click', function() {
      var expiration = new Date(new Date().getTime() + 1000 * 60 * 60 * 24 * 30);
      vgo('process', 'allowTracking');
      document.cookie = 'accept_cookies=1; expires=' + expiration + '; path=/';
  });
  ```

Ensuring that these steps are implemented will help maintain compliance with GDPR when using the site tracking feature.

Configuration Options and Settings

For effective site tracking under GDPR, it's crucial to pay attention to the following settings:

• **Site Tracking Code**: Found in Settings > Tracking, this code must be updated to meet compliance standards.
• **Track by Default**: This setting must be changed to **false** to ensure tracking does not occur without consent.
• **Tracking Consent Notice**: This must clearly communicate tracking practices and allow contacts to consent or withdraw consent freely.

Best Practices and Tips

• Consult with legal counsel: Due to the nature of GDPR, it is advisable to seek legal advice to ensure that your tracking practices align with legal obligations.
• Use clear language: Make sure your consent notices are written in simple and direct language for better understanding by visitors.
• Regularly review your compliance: As regulations evolve, periodically assess your tracking processes to ensure ongoing compliance.
• Keep records of consent: Log the consent obtained from users for future reference and verification.

Common Use Cases with Examples

Using the site tracking feature can enhance marketing strategies significantly:

• **Segment Creation**: By tracking specific page visits, businesses can create segments for users interested in particular products or services.
• **Targeted Campaigns**: Use insights from past web behavior to send personalized campaigns that resonate with user interests.
• **Behavioral Retargeting**: Build retargeting lists based on user activity on your site, helping to nurture leads effectively.

Troubleshooting

If you encounter issues with site tracking or compliance, consider the following:

• Confirm that the updated site tracking code has been implemented correctly on all relevant pages.
• Ensure that the Track by Default setting is modified as intended.
• Review the implementation of the tracking consent notice to ensure that it is visible and functioning properly on your website.

Related Features

For related capabilities and more in-depth information, refer to articles on:

• Tracking
• Consent Management

FAQ

What is the main requirement of GDPR regarding site tracking?

Businesses must obtain explicit consent from users before collecting and processing their personal data through site tracking.

What steps are necessary to comply with GDPR while using site tracking?

You must replace the site tracking code, update the default tracking setting, create a consent notice, and implement code to manage consent affirmatively.

Can I use site tracking for contacts outside the EU?

Yes, but if your site tracks the personal data of EU individuals, you must still comply with GDPR regulations.

What penalties exist for failing to comply with GDPR?

Organizations may face substantial administrative fines if they process personal data without a lawful basis, such as consent.

How often should I review my GDPR compliance for site tracking?

Regular reviews are recommended, especially as regulations or your business practices change.

Where can I find legal advice regarding GDPR compliance?

It is recommended to consult with a qualified legal professional who specializes in data protection laws.

How can I ensure the consent notice is effective?

Use clear language, define the purpose clearly, and provide an easy way for users to give or withdraw their consent.

By following the outlined procedures and best practices, businesses can effectively manage site tracking while remaining compliant with GDPR requirements. ```