Welcome to Instantly.ai Website Visitor ID Tool! 🚀
This document will guide you through the necessary legal compliance steps to ensure that our service is used responsibly and in accordance with relevant laws. Our commitment to privacy and data protection is at the forefront of our operations, and we want to ensure the same for your use of our product. This document is provided for informational purposes only and is not intended to constitute legal advice.
Ultimately, it is your responsibility to ensure that you are collecting and using personal information in compliance with all applicable laws and regulations. If you have any questions please consult legal counsel.
Your usage of the data collected and provided using our Website Visitor ID Tool is subject to our Data Usage Agreement available here: https://instantly.ai/instantly-data-usage-terms
Overview of Instantly.ai Website Visitor ID
Instantly.ai Website Visitor ID helps you identify and connect with visitors to your website by collecting information through a pixel installed on your site. This information includes usage data, device details, and personal information when provided by the user. We use this data to build comprehensive visitor profiles, which can then be utilized for personalized marketing and outreach efforts.
Legal Compliance Requirements
To ensure compliance with U.S. privacy laws, especially the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), we require the following from all users of our service:
Privacy Policy Updates
You must have a CPRA-compliant privacy policy that includes specific disclosures about the data collection and usage practices facilitated by Instantly.ai. We recommend including the following language in your privacy policy:
“When you visit or log into our website, we use cookies and similar technologies to collect certain information about your visit. This includes (i) Usage Data (Information about how you use our site, such as pages visited, time spent on pages, and links clicked.) (ii) Device Information (Details about the device you use to access our site, including IP address, browser type, and operating system.) and (iii) Personal Data (If you provide it, we may collect information such as your email address, phone number, or other contact details). We may also combine this information collected automatically with other data we receive from third-party sources, such as data providers and marketing partners, to create a more complete profile of you. We then use this profile to communicate with you, including providing personalized advertising and promotional content based on your interests and browsing behavior. You may opt out of this at any time.”
Cookie Banner
You must implement a cookie banner on your website that:
Obtains affirmative consent from visitors before deploying cookies or similar technologies.
Clearly informs visitors about the types of data being collected and the purpose of this collection.
Provides an option for visitors to opt out of data collection.
Data Handling Practices
You should ensure that all data collected via the Instantly.ai pixel is handled in compliance with applicable U.S. laws, specifically focusing on the requirements under CPRA for California residents. This includes respecting user rights to access, delete, or opt-out of the sale or sharing of their personal information.
Frequently Asked Questions (FAQ):
Is Instantly.ai Website Visitor ID GDPR and PIPEDA compliant?
Yes, we only collect information from confirmed U.S.-located IP addresses. To ensure GDPR and PIPEDA compliance, our pixel does not collect or provide any information from EU or Canadian users.
How does the Instantly.ai pixel comply with U.S. state privacy laws?
We ensure compliance with U.S. state privacy laws, such as the CCPA and CPRA, by requiring our customers to include clear disclosures in their privacy policies and obtain explicit consent through a cookie banner. These measures help ensure transparency and respect for user privacy.
What is required in the privacy policy regarding the pixel?
Your privacy policy must disclose the types of data collected through the pixel, the purposes for which this data is used, and the fact that this information may be combined with data from other sources to build user profiles. The provided text in the “Privacy Policy Updates” section should be included verbatim or customized with legal advice.
What should our cookie banner say?
Your cookie banner should clearly inform visitors that cookies and similar technologies are used to collect data about their visit. It should provide a brief summary of the types of data collected and their purposes, and offer an option to opt-out. Here's an example:
“This website uses cookies and similar technologies to collect information about your visit for marketing purposes and to enhance your experience. By clicking ‘Accept,’ you consent to our use of these technologies. You can opt-out at any time through our privacy policy.”
Can we use the data collected by the pixel for marketing purposes?
Yes, the data collected through the Instantly.ai pixel can be used for marketing purposes, provided that you have obtained the necessary consent from users and have clearly disclosed this usage in your privacy policy. It’s important to comply with CAN-SPAM Act requirements if using this data for email marketing.
What rights do users have under CCPA and CPRA?
Under CCPA and CPRA, users have the right to:
Know what personal information is being collected about them.
Request deletion of their personal information.
Opt-out of the sale or sharing of their personal information.
Non-discrimination for exercising their privacy rights.
How do we handle opt-out requests?
You must honor opt-out requests promptly. Your privacy policy should explain how users can opt out of data collection and marketing communications. This typically includes providing an easy-to-use opt-out link or instructions on how to unsubscribe.
Are there any exemptions from complying with these privacy laws?
Some small businesses may be exempt from certain privacy law requirements based on revenue thresholds or the volume of data processed. For example, under CPRA, companies with annual gross revenues under $25 million or those that handle personal information from fewer than 100,000 California residents annually may have limited obligations. However, it’s best to consult with legal counsel to understand your specific obligations.
Summary:
By having the appropriate disclosures in your privacy policy, implementing a cookie banner, and adopting compliant data handling procedures (including honoring opt-out requests), you can ensure that your use of Instantly.ai Website Visitor ID is legally compliant and respects the privacy of your website visitors. If you have any further questions, please reach out to our support team or consult your legal advisor.