Privacy, Compliance, & GDPR

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Cookie Notice and saving cookies...

  • 1.  Cookie Notice and saving cookies...

    Posted 01-08-2018 11:45
    Hi,

    I just want to get some opinions on the "Accept Cookie notice" and the technical implementation especially with GDPR in mind:

    We all know the cookie notice on websites. From what I've seen, most websites already place the cookies when you visit the site. So even if you decline (or not click) the "Accept Cookie Notice" and simply close the page instead, there are already cookies stored in the browser.

    From my understanding, this is against GDPR. If this is correct, then implementations need to be changed that no cookies are stored unless people really click on "Accept".

    What do you think?

    Regards, Carsten



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    Carsten Tschach
    System Administrator, Datacolor, Inc.
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  • 2.  RE: Cookie Notice and saving cookies...

    Posted 01-08-2018 12:50
    Edited by Sion Stedman 01-08-2018 12:51
    Hi Carsten, hope all's well.

    Act-On's guidance on its cookies and opt-in are found here.

    As set out in the guidance, there are four modes available:

    Standard Mode
    This option is an account-wide setting that allows you to interact with customers and prospects without setting any Act-On tracking cookies from web page visits, form submits, or message clickthroughs. This option provides the most complete set of website metrics by automatically saving tracking information about every prospect to your website. This setting is used upon setting the Act-On Beacon Tracker code on your website and/or blog. Your prospects' browsing experience will not be affected.

    Opt-In with Opt-Out Mode
    This account-wide setting gives your prospects a choice to either opt-in to having tracking information saved, or to opt-out of having tracking information saved. A one-time opt-out cookie will be placed to ensure prospects receive no further requests for permission to save the tracking information when they deny permission.

    Opt-In Mode
    This account-wide setting provides a modified version of Act-On Beacon Tracker code which, when placed on your website, will ask prospects via a pop-up message if a cookie may be placed on their browser. This same opt-in request will be made when prospects view landing pages and forms, and when clicking on links in email messages. Once the prospect grants permission, their browsing experience will be the same as the Standard mode described above.

    No Cookies Mode
    This account-wide setting does not cookie your visitors at all. Visitors will not be tracked, and all visitors will appear as 'anonymous' in Website Prospector. This mode is not recommended unless you must comply with strict privacy regulations.

    For what it's worth, at my company we are weighing up whether to use 'Opt-In with Opt-Out Mode' or 'Opt-In Mode'. By our understanding, the default 'Standard Mode' is not going to be compliant with the ePrivacy Regulation on cookies. (It is the ePrivacy Regulation, rather than the GDPR, that concerns cookies). However, the ePrivacy Regulation has not yet been finalised in EU law. We are waiting to see just how strict this is before choosing between cookie modes. If it ends up being very strict, we will have to use 'Opt-In Mode', which ensures that no cookie of any kind is placed on someone's browser unless they opt in.

    We are trying to leave this decision as late as possible because if we switch earlier than necessary, we will lose analytics data that we might otherwise have been entitled to hold.

    All businesses should be advised to follow developments with the ePrivacy Regulation, because there is a chance that the law ends up being extremely strict, with no tracking for any kind of marketing purpose allowed. (Needless to say, that turn of events would be a huge development in digital marketing.) As things stand, however, as long as someone has the ability to choose not to be tracked, 'Opt-In with Opt-Out Mode' or 'Opt-In Mode' will be compliant options.

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    Sion Stedman
    Idox Software Ltd
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  • 3.  RE: Cookie Notice and saving cookies...

    Posted 02-26-2018 05:35
    Edited by Vicky Hawkes 02-26-2018 05:36
    Hi Sion

    I've read the cookie guidance and it mentions a scenario in which the user declines cookies. Do you know whether Opt-in with Opt-out option now have both Accept and Decline buttons?

    Many thanks

    Vicky

    ------------------------------
    Vicky Hawkes

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  • 4.  RE: Cookie Notice and saving cookies...

    Posted 02-26-2018 18:12
    Hi @Vicky Hawkes

    I have never set up our Act-On accounts with anything other than Standard Mode. We are still evaluating which option to choose.

    I have asked Act-On GDPR Inquiry (gdprinquiry@act-on.net) the following questions, but have yet to receive a response:

    Can you confirm if the default 'Standard Mode' for cookies is compliant with GDPR? As I understand it, no cookies are placed on the visitor in this mode, but other personal data is collected as part of tracking (such as IP address). To be GDPR compliant, do we need to move to using either 'Opt-In with Opt-Out Mode' or 'Opt-In Mode', to ensure the person has actively opted in to being cookied or tracked?

    Also, if we move to 'Opt-In with Opt-Out Mode' or 'Opt-In Mode', when the person clicks to accept cookies, is some sort of evidence of their opt-in recorded in Act-On and viewable to us as Act-On users? (For example, if we had to show a record of who had opted in to the UK data protection regulator?)

    I appreciate that ultimately we must decide which cookie mode we use, and how we collect evidence of people's consent for marketing purposes. But it would be good if you could explain what Act-On does or does not do, so as to inform our decision.



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    Sion Stedman
    Idox Software Ltd
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  • 5.  RE: Cookie Notice and saving cookies...

    Posted 03-02-2018 10:25
    Edited by Sion Stedman 03-02-2018 14:56
    Hi all – further to the above, Act-On has now published its GDPR Consent Management Guide.

    This guide recommends implementing 'Opt-In with Opt-Out' mode as part of a GDPR-compliant Act-On experience.

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    Sion Stedman
    Idox Software Ltd
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  • 6.  RE: Cookie Notice and saving cookies...

    Posted 03-13-2018 10:55
    Hi Act-on,

    I'm still waiting for some info on whether the cookie message for Opt-in with Opt-out Beacon tracker variant will have both Accept and Decline buttons? As it is, with the Cancel/OK, it is not compliant. Could you please advise? Thanks

    ------------------------------
    Vicky Hawkes

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  • 7.  RE: Cookie Notice and saving cookies...

    Posted 03-15-2018 17:50
    So I am following the Getting Started (in March?!) Pdf guide Act-On distributed and marketed recently

    Looking at the Cookie Tracking I wanted to test the Opt-In with Opt-Out Mode to see what the default looks like. TERRIBLE is the answer.

    It has no obvious ability to style this using website or custom styling. Can someone, maybe @David Fowler tell us if there is a way we can customise/edit this to encapsulate existing Cookie Notice copy that exist on all websites today (pre-GDPR). Is there an API/script/hyperlink we can utilise for CMS created Cookie Notices versions?
    ​​
    Will this be updated to make it more accessible, easy, flexible and on brand?

    ------------------------------
    Mark Terry
    Head of Marketing, VUZION
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  • 8.  RE: Cookie Notice and saving cookies...

    Posted 03-16-2018 04:25
    HI Mark, we have been pressing Act-on to allow custom styling of the cookie message for some time. Unfortunately, not only is it not possible, but it's not possible to edit the actual message either. If you find out otherwise, please do let me know!

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    Vicky Hawkes
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  • 9.  RE: Cookie Notice and saving cookies...

    Posted 03-16-2018 09:12
    Edited by Sion Stedman 03-16-2018 11:06
    Hi @Mark Terry​ and @Vicky Hawkes

    ​I have had the same questions outstanding with Act-On for two months.

    We are just 50 working days from GDPR and there has been no movement on this. The pop-up that appears when 'Opt-In with Opt-Out' mode is active is unattractive, non-specific and obtrusive:

    Image: Consent Pop-up
    It makes for an awful user experience on websites where the Act-On beacon tracking code is placed, and on Act-On landing pages.

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    Sion Stedman
    Idox Software Ltd
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  • 10.  RE: Cookie Notice and saving cookies...

    Posted 03-16-2018 09:27
    I raised a call in September 2016 about it :)

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    Vicky Hawkes

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  • 11.  RE: Cookie Notice and saving cookies...

    Posted 03-16-2018 14:19
    There is an open source cookie consent tool called https://cookieconsent.insites.com/ Your web team has to do some coding but it will work fine. See the demos https://cookieconsent.insites.com/demos/ or https://cookie-script.com/ (one time fee of 29 euro)

    IMO this is handier than using the cookie consent statement of Act-On. Why? Because the Act-On consent statement will only work for Act-On. You might have more cookies for which the visitor has to give consent to before placement.

    Think Hotjar, optimizely, remarketing tools etc, for these you also need to ask consent.


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    Marten Hoekstra
    Inbound marketeer / Marketing Automation Consultant, Stan and Stacy
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  • 12.  RE: Cookie Notice and saving cookies...

    Posted 03-20-2018 06:38
    Hi @Marten Hoekstra

    You make a good point about needing a tool that handles all cookies that might be on a website, not just the Act-On beacon. However, does Cookie Consent work on ​Act-On landing pages? If Act-On don't develop something that improves the consent pop-up, customers might need to use something like Cookie Consent on them.

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    Sion Stedman
    Idox Software Ltd
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  • 13.  RE: Cookie Notice and saving cookies...

    Posted 04-24-2018 10:41
    Hi Merten - Forgive me for being such a novice, but I'm trying to wrap my head around this software. How does the info of the opt-out of cookies get back to act on? Or does it not need to? Does the software control the placement of the AO (or other) cookie? I don't have a web team :( , we use wordpress, think this is a tool someone with a lot of drive and patience can figure out?  thanks in advance for your insight.

    ------------------------------
    Erin Jewell
    Marketing Director, Schlesinger Group
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  • 14.  RE: Cookie Notice and saving cookies...

    Posted 04-24-2018 14:38
    Edited by Sion Stedman 04-24-2018 14:44
    Hi @Erin Jewell

    The information does not need to get back to Act-On, and the Act-On software itself does not store any information about a person's cookie preferences. The person's settings will only be stored in their browser.

    The Act-On software does, however, place the Act-On cookie on the person's browser.

    When the person ends their browsing session and clears their cookies/browsing history, the information is reset.​ This means that, depending on the cookie mode the Act-On account is in, the person would be asked to set their cookie/tracking preferences each time they visit an Act-On landing page or a website that has the Act-On beacon code on it.

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    Sion Stedman
    Idox Software Ltd
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  • 15.  RE: Cookie Notice and saving cookies...

    Posted 03-17-2018 08:21
    It's as annoying as hell for Act-On to keep asking their customer "ARE YOU READY", when I have no confidence that Act-On are ready with solutions. @Sion Stedman @Vicky Hawkes I had a list of 15 asks in August 2016, none except the ​​ Social Publisher have seen the light of day - but lets not talk about that as we have no idea when its going to resurface after being pulled.

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    Mark Terry
    Head of Marketing, VUZION
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  • 16.  RE: Cookie Notice and saving cookies...

    Posted 03-19-2018 08:32
    Hi,

    I was also really worried about the fact that you can't customize the text and style of this cookie notice popup. Our site has 4 different languages and with this missing we wouldn't be able to be GDPR compliant...

    Best,

    ------------------------------
    Doménico Schwalb
    equippo.com
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  • 17.  RE: Cookie Notice and saving cookies...

    Posted 05-16-2018 14:42
    We will not be using this cookie notice for two reasons.

    1. It's not customizable
    2. We don't believe it's compliant with GDPR as is.

    I am in awe that no one at Act-On has not prioritized this!

    ------------------------------
    Anna Barcelos
    Marketing Director, Vector Software
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  • 18.  RE: Cookie Notice and saving cookies...

    Posted 05-17-2018 11:12
    @Anna Barcelos, what are you using? And more importantly, how have you implemented the solution?​ We are really struggling with this and time is ticking ...

    Thanks!
    Anne

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    Anne Mullaney
    VP Marketing, Cutter Consortium
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  • 19.  RE: Cookie Notice and saving cookies...

    Posted 05-17-2018 11:18
    Has anyone successfully coded for an alternative custom solution that interacts with the Act On cookie properly? If so, would you please share the code and process? We cannot use this one either- it looks horrid. 9 days to go.

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    John Donald
    Manager, Sales & Marketing Automation
    Designs for Health
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  • 20.  RE: Cookie Notice and saving cookies...

    Posted 05-18-2018 12:49
    We are implementing cookie consent (discussed in the replies above) on Monday.  I will report back once we have it up and running in our 4 language sites.

    ------------------------------
    Erin Jewell
    Marketing Director, Schlesinger Group
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  • 21.  RE: Cookie Notice and saving cookies...

    Posted 05-18-2018 18:33
    Edited by John Donald 05-18-2018 18:50
    Look forward to your update- I was also pointed toward the same solution by act On tech support: About Cookie Consent - Cookie Consent by Insites and will probably follow suit once we determine which style to go with- did you decide to implement the "Informational" or Disable" method?

    And a question for anyone- does Cookie Consent simply override all cookies, be they from Act On or elsewhere, without any additional integration of code? If so it seems like the best looking and easiest solution.

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    John Donald
    Manager, Sales & Marketing Automation
    Designs for Health
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  • 22.  RE: Cookie Notice and saving cookies...

    Posted 24 days ago
    Edited by John Donald 24 days ago
    The 25th has come and is almost gone. It's been a bit anticlimactic. Sort of like Y2K. We installed the cookie consent code by Insites on all of our sites and it works as designed. Our legal counsel advised just using the informational option as that is what the biggies like Google are doing. So it is pretty painless. Same for updating our forms simply by adding a line about agreeing to receive communications from us and a link to learn more that points to our privacy policy. The 3rd leg of the stool is the Erase Contact tool in AO. I also created a segment of known EU residents to suppress against until we send an opt-in email to them specifically. Other than that is is business as usual. Probably by this time next year we'll have some high-profile precedents to guide us if we need to go for a more conservative path.

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    John Donald
    Manager, Sales & Marketing Automation
    Designs for Health
    ------------------------------



  • 23.  RE: Cookie Notice and saving cookies...

    Posted 17 days ago
    I second this whole thread! What is worse is Act-Up's I mean On's... own cookie pop up notice does not look like this on THEIR OWN WEBSITE.
    See below:
    If they won't use their own native UI. If it is not up to 'internal standards' look and feel to use something that pops up in the middle of the page like the lower arrow. Like this:
    Why is it acceptable for them to pass this onto us their paying consumers?!?!

    This is the response I got from support:

    Ryan Fawcett (Act-On Software)

    Jun 1, 02:14 PDT

    Hi Natasha,

    Thanks for reaching out to Act-On Technical Support.

    Unfortunately we don't have a way from doing this in the UI but I really like the idea and wanted to thank you for your suggestion!

    I have heard of people using a third-party cookie tool known as Cookie Consent by Insites (https://cookieconsent.insites.com), but again this is a 3rd party and not something we can offer support on.

     We take feature requests from our Users very seriously as we strive to promote a service that you can use to achieve maximum results. We'll definitely forward your feedback to our Product Management team.

    Also, please submit this feature request and other feature requests in the link below. Our Product Management and Engineering teams visit this page daily to review any feature enhancement requests from our Users. You can also track the status of each request and allow other Users to vote on your suggestion.

    https://community.act-on.com/communities/community-home?CommunityKey=aa7bcb8a-bb71-464b-97fa-bb7f2091c7d9

    Thank you for your continued support! If you have any questions, please feel free to respond to this email or visit https://university.act-on.com and log in with your Act-On credentials.

    Very Respectfully,

    Ryan Fawcett | Technical Solutions Engineer
    Support Portal: https://support.actonsoftware.com/hc/en-us/requests/new


    So... if they have no way of doing this... how did they do it on their own site if they drink their own Kool-aid? If they use their own software on their site for cookies... they had to customize it somehow and thus have the answer.

    OR

    Act-On, does not use Act-On internally in which case... why are we?

    Please note, this is posted twice on two threads and hope that they resolve this ASAP.

    ------------------------------
    Natasha GM
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  • 24.  RE: Cookie Notice and saving cookies...

    Posted 15 days ago
    That's what I wondered! The cookie message is hard-coded so it's possible they have customised their installation of it, but for the rest of us - the third party solution is the only option at present.

    ------------------------------
    Vicky Hawkes
    Digital Content Manager
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  • 25.  RE: Cookie Notice and saving cookies...

    Posted 15 days ago
    ANSWER!!!!!

    David Valdez is quickly becoming my favorite Act-On person! Here is why:

    Natasha,

    Below is essentially how our own web agency changed the look and feel of our cookie pop-up. This is just a sample of what can be done. The screenshots demonstrate the changes.

    I realize this isn't a method within the Act-On GUI, but it is definitely a way to manipulate the presentation. We have also added your request to our future feature implementation!

    Please let me know if you know any additional details! I'll update the ticket accordingly.

    David Valdez
    Silver Customer Success Manager
    Act-On Software

    ---------- Forwarded message ---------
    Subject: Beacon Tracker cookie pop-up CAN be styled

    Hi team,
    We found a workaround using CSS in the landing page editor. Example images attached. The CSS for his beautiful design is:
    #_aoCookieModal {
    color: red !important;
    width: 100% !important;
    position: absolute !important;
    bottom: 0 !important;
    background-color: yellow !important;
    }

    I am passing this to my dev team but also wanted to put it in YOUR hands too. Obviously the text does not need to be bold in your code, I just did that so the answer stands out.

    Whoo hoo!! Act-On drinks the Kool-Aid and share the secret mix.

    ------------------------------
    Natasha GM
    ------------------------------