Built Intelligence is committed to respecting your privacy rights and recognises the importance of protecting the personal data we collect and process.
How we manage consent management
This article explains:
- What do we mean by compliance?
- Key legislation related to our websites and software
- Key areas where compliance impacts our website and what we do about it
- Tracking Consent
There are many things to consider when it comes to ensuring the compliance of a website. We have therefore compiled this support article, to give you an overview of how we stay compliant. Throughout the text we refer to a website, but the legislation is also applicable to web applications, forums, eLearning or software. This article has been written as general guidance and not legal advice for users operating in Europe. Guidelines will vary from one jurisdiction to another.
What do we mean by compliance?
The definition of compliance as a legal term, means to obey the rules. In the context of website compliance, it means to make sure that you adhere to or comply with the legislation and legal requirements that are relevant for your website.
Key legislation for our website(s)
The definition of compliance as a legal term, means to obey the rules. In the context of website compliance, it means to make sure that we adhere to or comply with the legislation and legal requirements that are relevant for our website and software.
The General Data Protection Regulation - GDPR
The GDPR, which came into effect in May 2018, stands for The General Data Protection Regulation. The Regulation applies to all European companies - as well as companies outside the EU - that process data about European citizens. The GDPR regulates how companies collect, store, process, and manage people's data. The law also lays down the rights of people to their data, including the right to be forgotten, the right to information, and the right to data portability.
The EU Cookie Directive - an amendment to the E-Privacy Directive
The EU Cookie Directive regulates the usage of cookies but also covers other forms of online tracking technologies, including device fingerprinting. The Directive is therefore broader and applies to more than just cookies. The Directive says that a person isn't allowed to store or gain access to information stored in a person’s computer, unless specific requirements are met, including (a) giving clear and comprehensive information about the purposes of the storage of, or access to, that information; and (b) obtaining consent from the person.
Key areas where compliance impacts our website(s) and what we do about it
To make the above legal legislation and requirements as concrete as possible, we have outlined some of the components or elements we must incorporate into our website to ensure compliance. The rules regarding our privacy policy and consent collection come from the GDPR. The rules for the rest of the elements come from the cookie directives. The way the directives are applied can vary depending on the country we are operating in, and the jurisdiction of our website visitors.
Cookies
There are different types of cookies, which all have different legal requirements depending on what the purpose of the cookie is, and whether the cookies are necessary or non-necessary:
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Necessary cookies have to do with the core functionality of our website. You do not need consent from a user to use these. Examples of necessary cookies are;
- A cookie used to remember the goods a user wishes to buy when they go to the checkout or add goods to their shopping basket
- Cookies that are essential to comply with security requirements in regards to an activity a user has requested, e.g. in connection with online roles and permissions
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Non-necessary cookies are used to collect personal data for marketing, remarketing and analytics purposes. You need permission from a user before you can begin tracking them with non-essential cookies, and be sure that you have a legal basis for collecting this data. Non-necessary cookies can be:
- Cookies that helps collect data about how users are using our website
- Social media plugins on our website
- Advertising cookies
- Cookies used to recognise a user when they return to our website so we can tailor the experience they receive
There are a number of requirements for what we need to do and include on our website to ensure cookie compliance, these are:
- We need to have a cookie banner on our website
- We need to ask for consent before tracking non-necessary cookies
- Our users need to be able to change their cookie settings easily, and the information we provide must be comprehensible
- We need to have an accessible cookie policy on our website
- We must document the cookie consents you obtain
Other Consent Collection
There are a number of consents that can be relevant for us to collect on our website(s). The consents we collect depends on what kind of website service we are offering, e.g., is it software, a forum or just a website, and which cookies we use on that website. We collect the following types of consents when running our website(s):
- Cookie consents,
- Email marketing consent and Privacy Policy, and
- Consent to your Terms of Use and Acceptable Use.
Tracking Consents
We keep track of consents and the evidence we need is through a consent management software called Openli so we can collect and document consent for all cookies, marketing and T&Cs consents used on our site. We use geotargeting to ensure that we collect the right consent in each of our markets, depending on the jurisdiction of the user or customer. Openli detects which cookies we use and collects compliant consents for those and provides a full audit trail, so we can prove consents to a data authority if we need to.
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