How do I add a disclosure about session replays to my privacy policy?

While there is nothing wrong with using a session replay tool, it is important to include it in your privacy policy. This article will help walk you through what to do if you intend to employ a session replay tool.

Some websites have the ability to record and recreate a consumer’s entire visit to the website, from logging keystrokes and tracking the cursor’s movements to recording clicks and other interactions. These tools are known as session replay tools.

Background Information

Proponents of these tools argue that they give website providers critical information to enhance the customer experience. However, there is a growing trend for litigation regarding session replay tools as some consumers claim that this practice violates their privacy and potentially violates state wiretapping laws (wiretapping is the unlawful monitoring of telephone or electronic communication with intent to secretly monitor a conversation between two non-consenting parties). Despite these lawsuits, we want to be clear that there is nothing inherently wrong with dealers using session replay tools so long as that fact is disclosed to consumers via the dealer’s privacy policy. 

As such, ComplyAuto supports the ability to add a session replay tool disclosure for dealers that support session replay tools on their sites.

Follow the steps below to enable (or disable) the disclosure in your dealership’s privacy policy:

• Log in to the Privacy Portal
  
  
• In the drop-down menu on the left side of the screen, select "Privacy" and then "Online Privacy Policy” under the “Privacy” drop down on the left hand menu.
  
  
• Click on the privacy policy that you wish to add the disclosure to.
  
  
• Scroll down to “Other Important Privacy Disclosures” section.
• You’ll see an option for “Use of Session Replay Tools”
  
  
  
  
• Select “Yes” to enable the session replay tool disclosure, if it is not already selected for you
• Click the “Save & Publish” button in the top right corner.