19 December 2020
When you use Google Analytics, you can opt-in to getting access to analytics and usage data plus advertising features that allow you to create better marketing campaigns.
Here's the clause in the Terms of Service agreement that sets forth these requirements and provides suggestions for meeting them:
Enter your email address where you'd like your policy sent, select translation versions and click "Generate."
This makes it easy for users to locate and view your agreement whenever they want to.
Because so many businesses place their legal agreement links in their website footer, people know to check there.
Give users the ability to opt out of having cookies placed for the purposes of Google Analytics and let them know that they have this right.
While the exact language you should include isn't provided by Google, you should focus on being clear, concise, and informative.
Here's a checklist of what to include in your agreement:
AdRoll provides an Adjust Ad Preferences feature where a user can adjust advertising preferences quickly and easily. It's linked in the website footer along with other legal agreements:
Users who click on the link are taken to a screen where they are given the ability to adjust individual ad remarketing settings. Consent can be revoked or granted for all advertising and analytics cookies with one click, or individually adjusted:
If you use AdRoll, AdWords, or a different remarketing tool, you can add a link on your website to a page or module like this. Having something like this one is a great way to allow your users to choose which cookies they wish to allow and opt out of behavioral ads if they want to.
The following example from Storkie makes it clear that the website is using Google's cookies and lets users know how they can opt out of this:
Google Analytics Advertising tools lets you take the usage data and information you obtain from Google Analytics and use it for advertising purposes. Remarketing, also known as retargeting, is a widely used and incredibly popular function of Google Analytics.
1. Which Google Analytics Advertising Features have you implemented?
2. Disclose that you and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as Google advertising cookies) or other third-party identifiers together.
If your business is based in the EU or you sell to EU customers, there are additional requirements you must meet in order to satisfy the EU Cookies Directive because all remarketing service are based on cookies usage.
Visitors to your website or mobile app must give informed, specific, and voluntary consent to have cookies placed on their devices before any cookies are placed.
3. How visitors can opt-out of the Google Analytics Advertising Features you use, including through Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI's consumer opt-out).
Google has its own available opt-out tool for Google Analytics that they encourage you to linking to, as noted earlier in this article.
Linking to it is a great way to satisfy the requirement that users must be informed on how to opt-out.
The section titled "Interest-Based Online Advertising and Google Analytics" includes the required information to comply with Google's requirements:
"we use Google Analytics' 3rd-party audience data such as age, gender, and interests to better understand the behavior of our customers and work with companies that collect information about your online activities to provide advertising targeted to suit your interests and preferences... These companies also use automated technologies to collect information when you click on our ads, which helps track and manage the effectiveness of our marketing efforts."
This makes it clear what information is being collected by Google Analytics, who is using it, and how it is being used.
The last paragraph of this section satisfies the requirement about informing users on how they can opt-out:
"you may opt out of the automated collection of information by third-party ad networks for the purpose of delivering advertisements tailored to your interests, by visiting the consumer opt-out page for the Self-Regulatory Principles for Online Behavioral Advertising at http://www.aboutads.info/choices/ and edit or opt-out your Google Display Netowrk ads' preferences at http://www.google.com/ads/preferences/."
This article is not a substitute for professional legal advice. This article does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.