Telling Your Visitors About Your Cookies

Cookies and Consent: A perfect combination

Now that the GDPR is in place, and Webgains are rolling out brand new, 100% compliant, and even more accurate tracking code, what do you need to tell your visitors about what has changed?

To help, we’ve put together this guide, with wording you can use, to make sure we’re all working together well, and looking after your customer.

So, what is it that needs to happen now?

When a visitor lands on your site, you need to make them aware of the fact that you use cookies, and what you use these cookies for.

The first step is to show a ‘cookie-layer’, when the visitor first lands. This can be a banner at the top or bottom of the site, or a pop-up window, as long as it’s clearly visible to the visitor.

This cookie-layer needs to do four things:

  1. Tell the visitor that cookies are used on the site and, briefly, what for.
  2. Provide a link for further information on the cookies and their behaviours.
  3. A clear ‘Accept’ button, so that the visitor can signify their consent to accept cookies.
  4. An ‘x’ option in the corner of the cookie-layer, so that the visitor can close the layer, without accepting.

The reason for this is that the visitor needs to make an active acceptance of the cookies, with the ability to fully inform themselves, before doing so.

What should the cookie-layer say?

This is, of course, up to you. However, we have set out a couple of examples below, to help you out.

“We use cookies on this site, to monitor performance, analyse traffic, tailor content for you, for advertising and to provide social media features. Click here for more information.”

“This site uses cookies, to show you relevant content and advertising, and to improve our services to you. Click to accept, or read more about cookies here, including how to disable them.

What should you put in your Cookie Policy, or Privacy Policy?

When the visitor clicks through for more information, you should make sure they are able to understand the following:

  1. What a cookie is
  2. What cookies you deploy, and what they’re for. (a table is good for this)
  3. What you collect the data for, if any
  4. How a user may disable cookies, and the consequences if they do

For the Webgains cookies, which is specifically to track referrals traffic, and to reconcile revenues with referrers, you can place something like:

“We work together with cooperation partners who promote our products on various platforms on the Internet (“Affiliate Marketing”). The cooperation partners receive remuneration for this placement activity. In order to record the purchase arranged by a cooperation partner and to calculate the commission for this purchase, you agree to the use of cookies.”

This means that the visitor has no doubt about the purpose of the cookie you drop for us.

What about Data Protection?

In your Privacy Policy you also need to inform the visitor about what data you use of theirs, and why. This needs to happen, at least, at the point where you are asking a visitor to enter any data. This would likely be the order page in this case, although Webgains will only ever process the IP address, Order details and the Transaction ID.

We have prepared a statement which entirely covers the behaviours undertaken by Webgains, for the purposes of affiliate marketing and, therefore, you can place this into your Privacy Policy.

“Calculation of a placement commission – “affiliate marketing”

We work together with cooperation partners who promote our products on various platforms on the Internet (“Affiliate Marketing”). By clicking on this advertisement, you will be redirected to our website. The cooperation partners receive remuneration for this placement activity. To calculate the remuneration, we will record the sales arranged by the cooperation partner together with the data relevant for the calculation of the remuneration. This covers the value of the purchased product, information on the product, an internal ID, the currency in question and details of the compensation model agreed with the cooperation partner as well as details of the agent himself. The specific calculation of the compensation for the cooperation partner is carried out by our service provider Webgains who processes these data on our behalf pursuant to Art. 28 GDPR. Legal basis for data processing: Art. 6 (1) (1) (b) GDPR. In addition, you are asked to accept a cookie for this purpose. This cookie will be placed on your device with your consent (Art. 6 (1) (1) (a) GDPR) in order to allow the assignment of the resulting data to our cooperation partner.

The data listed above are stored after the settlement of the remuneration in accordance with the requirements of tax law as well as commercial law for purposes of verification. This is also done by our service provider Webgains. Legal basis: Art. 6 para. 1 sentence 1 lit. c) GDPR.

If ambiguities occur in the settlement of the brokered purchase, further information on the brokered purchase can be made available to the cooperation partner to clarify the facts. Legal basis: Art. 6 para. 1 sentence 1 lit. f) GDPR.

If you participate in a cash back program, we will provide the provider of the program with the data it needs to pay the reimbursement. For details, please refer to the privacy policy of each program.”