managing privacy maximizing data in affiliate marketing alan chapell

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MANAGING PRIVACY & MAXIMIZING DATA IN AFFILIATE MARKETING

Gary Kibel

Partner

Davis & Gilbert LLP

212.468.4918

gkibel@dglaw.com

Alan ChapellJD, CIPPChapell & Associatesalan@chapellassociates.com

Compliance issues

Privacy Issues

Behavioral Marketing Challenges

Today’s Agenda

Compliance

Building a safe network is an investment

If you build it, they will come…

(Or at least it gives you a shot)

The need for sacrifice is not limited to Networks

Publishers may need to take a hit too

And don’t forget Advertisers…

Variance in structure make “one-size-fits-all”

solutions difficult

Identify the really bad guys early

Whitelist or blacklist?

Authentication

Addressing Commonalities around fraud 10 day Commission payouts

Obfuscated traffic

Misrepresented traffic sources

Compliance Checklist

Network employees may not act as affiliates on that same Network

Train employees, publishers and advertisers as a value add.

Hire a compliance or privacy officer.

Monitor the network and search for irregularities

Building a culture of compliance

Privacy

Legal instrument vs. consumer friendly document

Who is collecting / using / sharing consumer information?

Bankruptcy / Merger clause

Mobile and Privacy

Privacy Policies

Behavioral Mkt

Traditional DM rules don’t apply here.

If you are targeting ads online, you are doing behavioralPulling offline data and using it online

IAB vs. NAI vs. FTC view

Definitions

Don’t try to be cute with the rules...

So you want to enter behavioral?

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QUESTIONS / DISCUSSION

Gary Kibel

Partner

Davis & Gilbert LLP

212.468.4918

gkibel@dglaw.com

Alan ChapellJD, CIPPChapell & Associatesalan@chapellassociates.com