We have included our new obligations as a controller of personal data under GDPR, which can be quickly summarised as:
Explanation of what personal data we collect and why, as well as what we share with third parties.
Our legal basis for processing personal data. We use a mixture of consent and legitimate interest for processing personal data.
Provision of end-user data protection rights for access, erasure etc. of personal data. This will be available at optout.skimlinks.com in early May.
Explanation of how long we retain personal data, and how we transfer it internationally.
Publishers need to tell their end-users they are using Skimlinks.
Publishers need to provide details of the cookies dropped by Skimlinks, what information Skimlinks collects and how it uses the information.
If a publisher has EU traffic, you must get consent for cookies, and consent for certain uses of personal data (see section 3 & 4 below on how we can help).
3. When and how is consent required for EU end-users?
(b) Affiliate links
If you are using Skimlinks/affiliate links, there are times when consent is required to be granted by an EU end-user to capture their data. Some major affiliate networks require GDPR consent for affiliate links, and if consent is not captured, a link may not be tracked and potential commissions will be lost. Other affiliate networks do not require additional consent for affiliate links.
(c) Skimlinks Audiences
For Skimlinks Audiences, since we are sharing end-user audience profile data with third parties, consent will be required 100% of the time to continue to earn data revenues from EU end-users.
How do I get consent?
Fear not, if you don’t have a way of capturing consent, there are several free and paid consent tools out there for you. These tools pop-up boxes to capture GDPR consent when an end-user visits the website, which you can install just like Skimlinks by adding a line of code to your site. Our Practical Guide to GDPR for Publishers has a list, but if you want a quick recommendation we suggest Quantcast Choice. It is free, GDPR compliant and has no catch for using their tool (we have no commercial relationship with Quantcast).
Once you set up your consent tool, you will need to choose which ‘purposes’ you get consent for. Our FAQs and Guide have more help on this.
If an end-user grants consent, this is stored usually for 12 months, so the request does not need to happen again before then (unless the end-user deletes their cookies or withdraws consent).
4. Skimlinks GDPR revenue protection feature
On Wednesday 2nd May, we plan to turn on a GDPR revenue protection feature for all publishers that captures EU end-user consent when consent is required but not yet granted.
This is designed to be a safety net in addition to your own consent management solution and will help prevent loss of EU affiliate and audience revenues. The feature simply checks for existing consent, and if not present, provides a streamlined ‘in-the-moment’ consent capture after the merchant link is clicked. As a publisher you do not need to make any changes to benefit from it.
How does Skimlinks decide when to capture consent?
As Skimlinks aggregates together multiple affiliate networks, we know which networks require consent and which do not.
We will be able to do a live check if the end-user already gave consent via your own consent tool or elsewhere on the Internet, so that we don’t duplicate the request.
Therefore, the GDPR revenue protection feature will capture consent when it is required but not yet granted.
Consent will not be captured for non-EU users. If affiliate networks change their position on consent, we will automatically update our capture logic in step 1.
What does the feature do?
When an EU end-user clicks on a merchant link.
Skimlinks will pop-up a short message to capture consent for affiliate and advertising purposes.
If the end-user accepts, we store a record of that consent. If the user does not, they still continue on to the merchant as usual.
How well does it perform?
In the last few months we have run beta-tests with over 200 publishers and
fine-tuned the user experience, resulting in exceptionally positive opt-in
consent rates (+90%) – meaning your affiliate and audience revenues will be as best protected as possible.
Do I still need a separate consent tool?
Yes – our feature is only designed to help protect your Skimlinks revenues. Think of it as a “companion” to your main consent tool, which you will need to capture consent for other services on your site. Refer to our Practical Guide to GDPR for Publishers for recommendations, which include free consent tools.
I already have a consent management tool, do I need this?
Absolutely – the feature works in tandem with your (IAB compatible) consent management tool, meaning the Skimlinks feature will only become visible if the user has not already consented via your consent management tool. It takes away the complexity of knowing which affiliate networks require consent. Think of the Skimlinks feature as a “safety net” to maximise the chance of retaining 100% of your EU revenues. Our capture will not interfere with any of your existing consent management tools as it only happens ‘on-click’.
We believe this strikes the right balance between data compliance, consumer transparency and publisher revenue.
If you are confident about achieving high consent rates before affiliate links are clicked and do not want to participate, please contact us at [email protected] and send us details of your solution for review, and we will stop your participation.
Is the Skimlinks GDPR consent capture compatible with IAB?
Yes – our GDPR revenue protection consent feature is registered with the IAB consent framework, which means we are able to read in real-time the status of consent, not duplicate consent requests, and pass consent to other partners. It also means we commit to a standard of consent management. You can see us listed as a supporter here.
What if I have questions or concerns about this feature?
We plan to roll this out to every publisher to help protect their revenues on Wednesday 2nd May, and you do not need to do anything for it to be enabled. However if you have any questions or concerns, please get in touch at [email protected].
Disclaimer: This guidance is provided for information purposes only and is not a definitive statement of law. Skimbit Limited (“Skimlinks”) is not liable for any damages arising in contract, tort or otherwise from the use of this guide or from any action or decision taken as a result of using this guide. The guide comprises Skimlinks’ views; they do not constitute legal or other professional advice. You should consult your professional adviser for legal or other advice.
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