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Managing Privacy Maximizing Data In Affiliate Marketing Gary KibelAffiliate Summit
Affiliate marketing thrives on valuable data, such as lead gen, email marketing and campaign results/statistics. Privacy, data and security issues are critical today, especially in an industry where valuable data is a competitive advantage.
Gary Kibel, Partner, Davis & Gilbert LLP (Twitter @GaryKibel_law)
Presented by EndCoder Denise Fouche, this presentation describes South Africa's legal response to cyber security threats, particularly in the banking industry.
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Behavioral or targeted marketing and advertising is one of the fastest growing areas for advertising and marketing professionals. New technologies driving behavioral and contextual advertising are challenging the established methods. Many realize that limiting targeted marketing may lead to undesired and potentially disruptive consequences, including undermining the implicit bargain that drives the Internet: the exchange of value between consumers and content providers. However, legislators, regulators, and industry trade groups have expressed concerns over perceived abuses of the collection and use of personal data of online users that involve privacy issues that “go well beyond behavioral advertising.” With every technological development and opportunity, new legal and business risks present themselves. Understanding and minimizing these risks will help you maximize the opportunities. Attendees will learn 1) the current state of behavioral and contextual advertising, 2) risks and pitfalls with targeted advertising, and 3) trends in legislation and regulatory compliance.
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This year I had the opportunity to give a presentation at the World Bank in Washington DC during one of their "brown bag sessions", focused on Privacy, Drones and IoT.
The World Bank is an organization that works worldwide with a wide range of projects, including some initiatives connected with new technologies, and every time, they should evaluate different risks involved, including privacy risks.
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I am going to share some thoughts of these broad and complex chapters that I had to sum up within one hour in this presentation!
Here the full post: http://www.lauravivet.com
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Affiliate marketing is one of the most cost-effective techniques for monetizing web site traffic and driving sales. Unfortunately, it has a reputation for high risk. While the industry is unlikely to ever be risk-free, it is possible to manage risk by: (1) understanding how techniques like behavioral and contextual targeting affect consumers, affiliates and merchants, (2) understanding the legal and regulatory environment, (3) understating risks involved with prospective marketing partners, (4) using and maintaining proper contracts that allocate risk and provide appropriate indemnifications, and (5) keeping informed about the changes in technology, marketing practices and the regulatory environment. Attendees will learn how to identify these issues and develop policies and procedures to keep informed about the current technology, marketing strategies and regulatory compliance.
Topics covered include:
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Privacy, particularly on location, is a huge area of concern for all major brands. The opportunity is so big that it’s hard to pass up use of consumer mobile data. But with so much at stake, you don’t want to overplay your hand and get into a legal quagmire. Matthew will cover the latest in the every-changing legal landscape of mobile marketing. This information session covers (a) an overview of the legal framework affecting mobile marketing, (b) federal and state enforcement measures and expectations, (c) emerging issues in mobile privacy expectations, including location-based ads, (d) recent rulings and implications relative to the TCPA.
This year I had the opportunity to give a presentation at the World Bank in Washington DC during one of their "brown bag sessions", focused on Privacy, Drones and IoT.
The World Bank is an organization that works worldwide with a wide range of projects, including some initiatives connected with new technologies, and every time, they should evaluate different risks involved, including privacy risks.
The purpose of the presentation was to understand the concept of ‘privacy’ and its different meanings worldwide, how to define the privacy framework and assess the risks arising from the use of new technologies such as drones or IoT, and introduce the Privacy Impact Assessment as an effective tool that we can use in any jurisdiction.
I am going to share some thoughts of these broad and complex chapters that I had to sum up within one hour in this presentation!
Here the full post: http://www.lauravivet.com
GDPR Is Coming – Are Search Marketers Ready?MediaPost
The EU’s General Data Protection Regulation (GDPR) is the most significant change to consumer privacy laws in decades and the enforcement date is approximately 1 month away. The standards for data collection and use in the EU will significantly differ from those in the United States. This session will breakdown the differences and discuss methods for compliance going forward.
PRESENTER
Gary Kibel, Partner, Davis & Gilbert LLP @GaryKibel
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Affiliate marketing is one of the most cost-effective techniques for monetizing web site traffic and driving sales. Unfortunately, it has a reputation for high risk. While the industry is unlikely to ever be risk-free, it is possible to manage risk by: (1) understanding how techniques like behavioral and contextual targeting affect consumers, affiliates and merchants, (2) understanding the legal and regulatory environment, (3) understating risks involved with prospective marketing partners, (4) using and maintaining proper contracts that allocate risk and provide appropriate indemnifications, and (5) keeping informed about the changes in technology, marketing practices and the regulatory environment. Attendees will learn how to identify these issues and develop policies and procedures to keep informed about the current technology, marketing strategies and regulatory compliance.
Topics covered include:
Behavioral/Contextual Advertising
Regulatory/Industry Compliance : FTC Guides & Enforcement Actions
CAN-SPAM compliance
IP Law: Rules governing use of others™ Trademarks/Keywords, Right of Publicity/Endorsement Issues.
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3. Definitions
Behavioral Targeting:
Advertisers and websites use information about where you
browse and what you search for online, to guess your interests
and decide what ads to show you.
Behavioral Tracking:
Consumers are unknowingly revealing
information to others and unwittingly
providing information that the consumer
may wish to remain private.
4. Background
( Wall Street Journal Study )
Each of the 50 most-popular
U.S. websites, installed on
average 64 pieces of tracking
technology onto the
computers of visitors, usually
with no warning.
5. Background
( Wall Street Journal Study )
Tracking technology is getting smarter and more
intrusive.
These profiles of individuals are constantly refreshed
then sold.
In between the Internet user and the advertiser, more
than 100 Middlemen competing to meet the Growing
demand for data on Individual behavior and interests.
6. Should it Continue or Stop?
• Provides relevant ads
• No privacy
• Provides free web
content • No Transparency
• Legal • No option
7. Should it Continue or Stop?
• Does it have Economic benefit ?
• Is it legal ?
- Privacy
• Is it ethical ?
- Privacy
8. Economic Benefit
(JupiterResearch Study)
Behavioral ads outperform
contextual ads by up to 22% in some
categories.
Audiences receptive to behavioral
ads are of higher value than those
who respond to contextual ads
9. Economic Benefit
(Network Advertising Initiative Study)
Behaviorally targeted ads
accounted for about 18% of total
ad revenue for the 2009 year
Behaviorally targeted ads earned
2.68 times more revenue than
'run of network' ads
11. Is it legal ?
(Regulations Specified for BT)
In 2008, The Federal Trade Commission (FTC) proposed principles
that require:
- Transparency
- Consumer control
- Reasonable security
- Limited data retention
- Notifying about changes in privacy policies
- Notifying about using sensitive data
• “Do Not Truck” mechanism in 2010:
- permanent setting of computer browsers that offers their
users the choice or whether to allow the tracking of their online
activities or not
12. Is it legal ?
(Regulations Specified for BT)
Are Internet Service Providers (ISPs) following
FTC’s rules and regulations ?
- Since 2001, the Commission has brought 29
cases against companies that allegedly violated
posted privacy policies, did not dispose data
properly or allowed customer data to be shared
with unauthorized third parties.
- Google Chrome and Apple Safari browsers do
not follow “Do Not Truck” policy.
13. Is it legal?
(Privacy Regulations)
Electronic Communications Privacy Act 1986
- Enacted by the U.S. Congress to restrict wire taps.
- Covers any transfer of signs, signals, writing, images,
sounds, data, or intelligence of any nature
transmitted
- Amended by U.S. Patriot Act to include the FBI to
require ISP to disclose records
14. The Patriot Act
“If you have something that you don’t want anyone to
know, maybe you shouldn’t be doing it in the first place. If you
really need that kind of privacy, the reality is that search engines –
including Google – do retain this information for some time and it’s
important, for example, that we are all subject in the United States
to the Patriot Act and it is possible that all that information could
be made available to the authorities.”
Eric Schmidt
Google CEO
15. Is it Legal ?
Is it legal ?
Are ISPs following the rules ?
16. Is it Ethical ?
Research has found that a substantial percentage of
the population is to some degree concerned about
threats to privacy.
consumers are very concerned about:
- what companies know about them
- how companies obtain information
- what companies do with the information they collect
17. Is it Ethical ?
Definition of Privacy:
- a state or condition in which an individual has the ability to:
(1) control the release or subsequent dissemination of
information about him or herself
(2) regulate the amount and nature of social interaction
(3) exclude or isolate himself or herself from unwanted auditory
18. Is it Ethical ?
Privacy Concerns related to Behavioral Targeting:
(1) Collection
(2) Unauthorized secondary use
(3) Errors
(4) Improper access
(5) Invasion
19. Is it Ethical ?
A negative relationship between consumers' attitude
toward unauthorized use of secondary data and their
purchasing of products via the Internet
negative relationship between consumers' experience of
online invasion of privacy and their purchasing of products
via the Internet.
negative relationship between consumers' experience of
inaccuracy or manipulation of personal data and their
purchasing of products via the Internet.
20. Is it Ethical ?
Not Providing an Opt-in option indicates that
companies know that people won’t to be tracked and
won’t get any value.
A six in ten majority (59 percent) are not comfortable
when Web sites like Google, Yahoo! and Microsoft
(MSN) use information about a person’s online
activity to tailor advertisements or content based on
a person’s hobbies or interests.
21. Is it Ethical ?
The date collected is unsecured and can be leaked:
- AOL Data Leak
- Sony PlayStation Data Leak
- Skype Android Data Leak
- Epsilon Data Leak
22. Is it Ethical ?
Is Behavioral Tracking / Targeting Ethical ?
Does it respect consumer’s right of privacy ?
23. Conclusion
Does Behavioral Tracking / Targeting have
Economic benefit ?
Are ISPs following the rules ?
Is Behavioral Tracking / Targeting Ethical ?
24. Conclusion
Companies should be:
- more responsible
- Make ethical regarding consumers’ privacy
• Government Should:
- Provide stronger monitoring and controlling laws over
behavioral targeting / tracking