Rumor has it that Google will be launching its much-publicized "interest-based advertising" in April, allowing advertisers to serve ads based on a user’s prior interactions (e.g., browsing the advertisers’ websites, tracking interests). Google will track categories of web pages that users visit in Google’s content network and if, for example, a user visits motion picture and film pages, Google may add them to a corresponding interest category that might be labeled "motion picture aficionado." As we understand it, Google will enable use of the DoubleClick DART cookie in advertising served on websites with AdSense for content advertising. Thus, when a user browses an AdSense publishers’ site and views or clicks an ad, the user’s browser may have a cookie added.
For you loyal Legal Bytes readers, that means you should review your online terms of use, terms of service, privacy policies and online disclosures to be sure they cover this activity if it applies to your web presence, advertising and marketing activities. If you will need to and you don’t already take third-party ad servers into account, you may have to amend these to do so.
As you know, Legal Bytes cannot provide legal advice (you have to be a client for that). Nor could we possibly advise without knowing the specifics about you, your situation, your jurisdiction(s), or the facts that apply. But consider the following sample (which assumes only non-personally identifiable information is collected) that illustrates the type of language one might consider:
We or our advertisers use third parties to serve advertising on our website and web pages when you visit or browse, and some of them use cookies or other technology to collect information about your visit. This information may be used to improve the operation of our website and enhance your experience as a visitor and user, and also to serve advertising about goods and services that might be of interest to you. No personally identifiable information (e.g., name, address, email or phone number) is collected this way or in this process.
Of course, you can add links or contact information for those who want more information, and you may even direct them to the applicable Google web page,or any other third-party ad-serving network’s corresponding page to either get more information, or learn how to opt out of or disable cookies.
Now go call the Rimon lawyer you normally deal with for help or contact me (Joseph I. Rosenbaum). We put together and advise companies in connection with their terms of service, privacy policies, and disclosures, and their online, wireless and web presence, all the time. How can we help you?