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• Publishers and advertisers must clearly and prominently display a privacy policy which meets the following minimum requirements:
• Location of Privacy Policy. The privacy policy must be posted in a clear and conspicuous fashion on the landing page and when accepting the consumer’s information on the registration page and/or online lead generation form.
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• Content of Privacy Policy. The privacy policy must, at a minimum, contain the following information:
• Information collection practices of publisher or advertiser, including but not limited to, collection of user direct information; survey information; use of cookies, web beacons; IP address; computer profiles; data analysis and any other technology used to track consumer for behavior marketing.
• Use of Individual Information practices by publisher or advertiser, including but not limited to, public forums disclosure, publisher or advertiser email marketing practices, third party email marketing practices, service providers, aggregate statistics, data summary, order fulfillment, complying with legal process, offers, telemarketing, wireless addresses, short message service, and third party information sharing practices.
• Consumers visiting a particular web site must be provided meaningful notice of the types of individual information collected for interactive advertising purposes, the technologies employed to collect such information, and how such information is used, including that other companies operate on the site and may collect such information.
• Any state required disclosure pertinent to the publisher or advertiser’s offer.
• Consumers must also be provided notice of their ability to opt-out of data collection and dissemination. The consumer should be provided the ability to opt-out of data dissemination through a link on the privacy policy. In addition, consumers also should receive relevant education regarding cross-industry opportunities to opt out of the collection or use of individual information or other methods to exercise their choice. |
• Changes to Privacy Policy. Consumers must be given adequate notice of any change or addition to the privacy policy by the advertiser or publisher. As such, Publishers must have a prominently placed notice on their home page the date the revisions were made. To the extent possible Publishers and Advertisers’ should notify consumers of changes to their privacy policy via email.
• Technical Requirements for Privacy Policies:
• Publishers and advertiser must have both technical and management controls in place to comply with their respective privacy policy and data retention security. As such, the privacy policy should also notify the consumer of the technical security and managerial control over the collected data as well as the publisher’s or advertiser’s data security methods.
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