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Cookie Law


COOKIES AND CONSENT
Since the 26th of May 2011 it is unlawful in the UK to use cookies to collect user data without first obtaining consent. There is an exception when a cookie is strictly necessary for a service which a user has requested i.e. where a user places an item in an online shopping basket and there is the need to ensure that payment is for the goods actually purchased. The Information Commissioner’s Office says that the new law applies to “UK businesses and organisations operating websites in the UK”. Currently there is no such requirement to obtain consent in the US, but it is possible that the US may copy the EU and change their laws in the future as they tend to adopt EU data protection concepts over time.

Check Your Website
Website owners should audit their websites for compliance by checking what type of cookies are used and how. Consider whether or not the “necessary” exception applies. Also, do not forget that third parties placing content on your website i.e. advertisements may be setting cookies.

Assess how intrusive your use of cookies is and then decide which solution is most suitable for your business to obtain the required consent from users.

How to Obtain Consent
A few weeks ago the UK Information Commissioner published guidance on how to comply with the new laws.

It was suggested that consent could be obtained via:
•    pop-ups, or
•    your terms of use, which users agree to upon registering with your website, or
•    text in a header or footer on pages of the website, or
•    inclusion in preferences that users set when using a website.

Relying on browser settings is not acceptable, as currently there is no adequate technical solution for browsers that is acceptable. This position could change in the future.

Consequences of Non-Compliance
Until May 2012, the Information Commissioner’s Office (ICO) will not penalise an organisation for breaches of the new laws. However, organisations should be taking steps now to ensure compliance, as failure to take appropriate steps now will be taken into account when formal enforcement begins in May 2012.

Penalties for Breach
The ICO can impose a fine of up to £500,000 for a serious breach.  A serious breach is defined as a serious contravention likely to cause substantial damage or distress.  The breach must have been deliberate, or the person responsible must have known or ought to have known that a breach would occur and then failed to take reasonable steps to prevent it.

The ICO plans to provide further details on this in October 2011.


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Learn more about Irene Bodle

Targeted Internet Marketing: Past, Present & Future

Guest Post by Daniel Elroy

There is no doubt that Internet marketing has reached a crossroads. While social media platforms, such as Facebook and Twitter, have allowed businesses and brands unprecedented access to consumers, rising concerns over privacy    means that advertisers need to strike a delicate balance between ever-more targeted approaches and maintaining their customers’ trust. As former Google CEO Eric Schmidt famously put it while discussing Google’s own targeting policies, “Google policy is to get right up to the creepy line and not cross it.”

The history of targeted Internet marketing could perhaps be best described as a game of cat-and-mouse, where technological advances, consumer smarts, and government regulations chase one another up to that “creepy line” that continually gets redrawn. As technology moves faster, and the stakes for both marketers and consumers grow ever higher, both could benefit from a survey of the Internet marketing landscape: past, present, and future.


The Past: A World of Spam and Pop-Ups
Throughout the history of marketing, brands have attempted to effectively (and economically) reach potential customers while preventing their message from falling on deaf ears. The advent of the Internet age promised marketers an opportunity to finally place their message directly in front of those people who cared the most about their products. More than TV ads, more than mass mailers, more than print advertising, the Internet promised to replace blanket marketing with targeted campaigns.

However, technology needed to catch up. The early days of Internet marketing was still very much a one-way street. Marketers depended on the digital equivalent of junk mail and flyers to clog users’ inboxes or pop-up ads placed on websites supposedly popular with the same demographic as their products.

The low cost  of such digital marketing was attractive, but the actual results were arguably not any better than what could be achieved in the offline world.

The Present: Social Media Fever
Today’s Internet presents unprecedented opportunities for making marketing a two-way street. Technology and demand have met up in a landscape that is still under-regulated. As a result, businesses are pushing the envelope in a mad dash to identify and capture as many marketing impressions — and as much users’ information — as possible.

We are living in a world where marketers collect “likes” and “followers” as trophies. Marketers set traps with advertorial content, incentives, and any other bait available. All of these efforts are designed to make users click so that their own “likes” can be revealed for future targeted marketing messages.

At present, marketers have a clear advantage over consumers, who lack a full understanding of (or concern about) how their online behavior is targeted by marketing companies.

Future Prediction: The Customer Is King
In actuality, this prediction is the same reality that has always existed. No amount of marketing will sell a product that is unwanted by consumers. And targeting that crosses the line into “creepy” will have customers running the other direction in droves. The future will no doubt see a rise in more savvy consumers, armed with a fundamentally stronger understanding of how Internet marketing works. They will also have better tools to protect themselves from prying marketers, while government regulations will undoubtedly catch up with shadier industry practices.

How should marketers meet this future? With transparency, a compelling message, and the understanding that the customer is always right. No amount of SEO tricks, stealth cookies, Facebook “Likes,” and clever Tweets can replace satisfying consumers who want to follow and be loyal to a brand that targets their needs, desires, and interests without alienating them with shady practices. The Internet Marketing Jobs of the future will require a whole new suite of skills which are far more aligned to people skills and solid marketing that technology and trickry.

Facebook archiving Old Groups proves a challenge for users

The migration tool for the old Facebook groups to upgrade to the new design seems to be causing challenges for a number of users.

When the new group design was launched in Oct 2010, we did wonder if functionality would be provided to migrate the old groups over to the new design. Given that the focus was for small groups of people rather than groups with hundreds of members, perhaps there would be a migration tool to move the group either to the new design, or over to a Page if that was the more suitable option.

Facebook offered the first migration tool in April 2011 for those using personal profiles for their business accounts and have followed it up this month with a tool to migrate certain old groups over to the new group design. Group members may have seen an alert at the top of the group and there is the ability to send the group admin an email requesting that they upgrade the group.

Alert email requesting a Facebook Group update

If your group is identified as suitable for migration, (Facebook state that it needs to have enough recent activity) you will see an upgrade option at the top of the group.

And this is where the challenge begins:

  1. not all groups are being given the option to upgrade (groups not upgraded are archived)
  2. admins for groups given the option to upgrade are not always able to see the upgrade option, even when their members can

There is a discussion topic on Facebook Site Governance with 11 pages of posts to date which illustrate the different issues users are facing and the level of frustration that some users are feeling about not be able to complete the upgrade. Some groups have large numbers of members and write that they are faced with the unwelcome prospect of seeing their hard work and investment lost. If you want to learn more about the upgrades and archiving, check out the Facebook’s help centre’s new topics about Old to New Group Migration.

The Web Analytics World Group is in the same position, we’ve received email alerts about upgrading to the new Group design but are not able to see the upgrade option.

We are going to use this as an opportunity to migrate manually over to a Page, something we should have done a while ago as a group is not the ideal route for our and our group members’ activity. Given the circumstances we believe this is the best way forward and hope you join us and other web analytics fans there.

For Web Analytics World it is a suitable approach, but it is not going to be an acceptable or even practical solution for some groups with thousands of members and who have invested many hours of work into creating and promoting the group. We’ll add any updates on the topic to this post as we spot them.

Is Your Internet Marketing Flexible?

Guest post by Melanie Durango

With the dynamic nature of the internet & the constant variations & changes in search engine algorithms the reality is that Internet marketing has to be a flexible activity. Search patterns are constantly changing as Internet users modify their online behaviour and search engines (and social media sites) evolve to deliver enhanced customer experience.

As a result online marketers need to respond with a flexible dynamic approach which adapts according to latest best practice. Whether you take care of online marketing within your own business or use an external internet marketing company, it’s important to realize that what works well today might not work as well next week. You must be ready to adjust your campaigns to match user behaviours.

Organic Search still more Important than Paid Search
The Company User Centric recently performed another study on search results favoured by Internet users. The outcome indicated yet again that users still overwhelmingly prefer organic search results. Regardless of search engine, it appears that most users still skip the paid results, and see the organic listings as being more relevant to their search query.

So Search engine optimization (SEO) should still be considered a fundamental part of any internet marketing strategy. As search engines evolve their ability to deliver users with increasingly relevant search results is constantly improving. As a result a big part of SEO is about understanding how search engine like Google determine the relevancy of a website to a particular topic. This however is a moving target so again SEO should be considered a dynamic art

Users Rely on Search Engines Less for Finding Specific Websites
Another trend emerging that Forrester Research points out, is that Internet users are relying less on search engines to find specific websites. While you might find that users rely on search engines to look for brands, reviews, products, and general information, they are less likely to use a search engine to find a specific website.

This is partly due to the fact that users are becoming ‘better’ at using the internet and will go straight to a web address (if they remember it). Coming up with a memorable web address for marketing purposes is therefore becoming more important. Google themselves have said that the current exact match domain name preference is something they are going to be looking at. In the future they are far more likely to favour the creative approach to domain names rather than the ‘what you see is what you get’ approach which has worked well in the past (from a straight Google ranking perspective) .

Social media sites are also having an impact on search engine activity and offering another route for users to find content, company websites etc. The power of user recommendation and referrals is also fairly strong within these sites. It’s important to find out which social media sites are most frequented by your target audience, and develop a strategy to interact in these places, placing content, engaging in discussion etc

Using Metrics to Measure Results
The importance of metrics to any online marketing effort is obviously paramount. Campaigns should have set key Performance indicators whether they are related to SEO, paid online ads, social media marketing etc. What is even more important is that web marketers act on these metrics and be prepared to adapt and change strategies, if something is no longer working.