A. European Union (“EU”) and United Kingdom (“UK”)
1. EU/UK Cookie Compliance Requirements Legislation implementing the ePrivacy Directive 2002/58/EC (“ePrivacy Directive”) is commonly understood as the main law regulating the use of cookies in the European Economic Area (the European Union plus Iceland, Liechtenstein and Norway) and the UK. The ePrivacy Directive applies at an EU level as a Directive but is implemented on a national level (and in the UK) via various local laws. Laws implementing the ePrivacy Directive in each EU member state and the UK require organizations to:
Say what automatic data collection technologies will be set on its website(s) (such technologies referred to herein as “Website Trackers”);
Explain what these Website Trackers will do; and
Obtain prior informed consent for the use of Website Trackers, other than for Website Trackers that are strictly necessary to provide a service or functionality requested by the user (e.g., using a cookie that remembers the items a user has put in their shopping cart as they navigate the website). Note: Strictly necessary cookies must be those objectively necessary for website function – such cookies cannot merely be helpful or convenient.
2. EU / UK Cookie Banner Language
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We use cookies and other tracking technologies (“cookies”) to collect information you provide and information about your interactions with our site to enhance navigation, analyze site usage, and support our marketing efforts and customer service. We also share this information with our social media, advertising, and analytics partners. Please see our Privacy Notice for more information.
You can select which types of cookies you agree to (other than those strictly necessary to operate our website) by clicking "Manage Preferences". You can also accept all cookies by clicking "Accept All Cookies" or reject optional cookies by clicking "Decline Non-Necessary Cookies".
Implementation
Display the banner upon the visitor’s arrival to the site from a non-U.S. IP address.
Display the banner in such a way that the visitor is likely to interact with it prior to using the site (e.g., presenting the banner in a “floating” design that obstructs a portion of the site, such as the lower right-hand quarter).
Design the banner so it only disappears after a user makes a choice about cookies (e.g., do not provide an “X”).
Do not fire non-essential / non-necessary cookies or other trackers until the visitor has opted-in (via the “Accept All Cookies” button or the toggles on the Cookie Preference Manager).
Set the visitor’s consent to expire after a period of time, so they are presented the cookie banner the next time they return to the site (e.g., at least once per year, though some regulators prefer to see this once every 6 months).
3. EU / UK Cookie Preference Manager Language
Your Privacy Choices
We and our third-party partners use cookies and other tracking technologies (“cookies”) to automatically collect information about your visit to our website for purposes of making the site work, tracking analytics, personalizing ads, and improving your experience. See our Privacy Notice for more information.
You can choose which types of cookies you allow below. You can update your choices at any time.
Strictly Necessary Cookies
Functional Cookies
Analytics Cookies
Advertising Cookies
Implementation
The manager should be accessible from the “Manage Preferences” link in the cookie banner, a “Cookie Settings” link in the footer of the website, and any hyperlinks included in the Privacy Notice.
When the visitor clicks the drop-down for one of the cookie categories, the following language should be displayed:
Cookie Type
Description
Action
Necessary
Strictly Necessary Cookies
These cookies are necessary to enable the basic features of this site, such as providing secure log-in or remembering how far you are through a current order.
Without these cookies, the website would not be able to provide the services you are seeking. As a result, you cannot turn these cookies OFF.
View Strictly Necessary Cookies
Functional
Functional Cookies
These cookies allow the website to implement optional features and functionality that are not strictly necessary for the website to function, such as remembering your log-in details so they are there when you return to the site.
View Functional Cookies
Analytics
Analytics Cookies
These cookies collect information about how consumers use the website and how the website performs.
View Analytics Cookies
Advertising
Advertising Cookies
These cookies are used to track your presence and interactions on the website and to deliver ads that are more relevant to you and your interests.
They also help limit how often you see ads and measure the effectiveness of advertising campaigns.
View Advertising Cookies
B. United States
1. California Consumer Privacy Act (“CCPA”) and Similar Cookie Compliance Requirements The CCPA and other state privacy laws provide residents of their respective states with the right to direct businesses not to “sell” the consumer’s personal information, or “share” / “process” the consumer’s personal information for cross-context behavioral or targeted advertising purposes. This means consumers must be given the option to opt-out of such information sharing directly on the business’s website, such as through the use of a preference manager that allows the consumer to turn OFF Website Trackers that involve the sharing of personal information with third parties (i.e., through a toggle that opts consumers out) in addition to other opt-out mechanisms for “sales” / “targeted advertising” occurring through other channels. Notably, under the CCPA, businesses must include a “Do Not Sell or Share My Personal Information” or “Your Privacy Choices” link on their website that allows consumers to submit an opt-out request. In addition to manually turning off such cookies, certain state privacy laws require businesses to be able to receive and effectuate opt-out requests submitted automatically via opt-out preference signals that are transmitted in a format commonly used and recognized by businesses (such as an HTTP header field or JavaScript object). By way of example, the California Attorney General has expressly stated that this includes the recently launched Global Privacy Control. As a result, a business must ensure that its preference manager or similar tool is capable of automatically detecting and effectuating such signals by turning OFF Website Trackers that involve the sharing of personal information with third parties by default. Notwithstanding the foregoing, even though a cookie banner is not technically required under such laws (only a preference manager is required), we recommend presenting consumers with a cookie banner catered towards these laws to reduce wiretap litigation risk.
2. U.S. Cookie Banner Language – Opt-Out Language
We, and our third-party partners, use cookies, pixels, and other technologies to collect, record, and share information you provide as well as information about your interactions with our site for ad targeting, analytics, personalization, and site functionality purposes.
By continuing to use this site or by clicking one of the buttons below, you agree to the use of these technologies (as described in our Privacy Notice and subject to your settings) and our Terms and Conditions (which contains important waivers).
Implementation
Display the banner upon the visitor’s arrival to the site from a U.S. IP address.
Display the banner in such a way that the visitor is likely to interact with it prior to using the site (e.g., presenting the banner in a “floating” design that obstructs a portion of the site, such as the lower right-hand quarter).
Design the banner so it only disappears after a user makes a choice about cookies (e.g., do not provide an “X”).
If possible, delay the firing of non-essential / non-necessary cookies or other trackers for a short-period of time (e.g., 10 – 15 seconds, though it can arguably take longer for a website visitor to actually spot and read through the cookie banner, such as 30 seconds) to allow the website visitor to review the banner before the cookies and similar technologies are activated.
If the website visitor clicks “Decline Non-Necessary” or visits the site with the GPC signal enabled, non-essential / non-necessary cookies and other trackers should be turned OFF. Note: If the Global Privacy Control signal is detected, some companies automatically record the website visitor’s choices and do NOT display the banner or display a custom banner noting the GPC signal was detected and effectuated.
3. U.S. Cookie Preference Manager Language
Your Privacy Choices
We, and our third-party partners, use cookies, pixels and other tracking technologies (“cookies”) to collect, record, and share information you provide, as well as information about your interactions with, our site for ad targeting, analytics, personalization, and site functionality purposes.
Some of these practices may constitute the sale of personal data or the use of personal data for targeted advertising subject to opt-out rights provided under certain laws. Please visit the Your Additional Privacy Choices section of our Privacy Notice for additional information about these and other rights that may be available to you. If you are visiting our site with the Global Privacy Control enabled, any cookies that constitute sales or are used for targeted advertising should already be turned off automatically. However, you may otherwise manually turn off Functional, Analytics, and Advertising Cookies, including such cookies that constitute sales or are used for targeted advertising, by switching the toggle for each category below to the left.
You cannot opt-out of Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as remembering your settings, to log into your account, and to redirect you when you log out) and are not subject to the opt-out rights described above.
For more information about our privacy practices, please see our Privacy Notice.
Strictly Necessary Cookies
Functional Cookies
Analytics Cookies
Advertising Cookies
Implementation
The manager should be accessible from the “Manage Preferences” link in the cookie banner, a “Cookie Settings” link in the footer of the website, a “Your Privacy Choices” link in the footer of the website, and any hyperlinks included in the Privacy Notice.
When the visitor clicks the drop-down for one of the cookie categories, the following language should be displayed:
Cookie Type
Description
Action
Necessary
Strictly Necessary Cookies
These cookies are necessary to enable the basic features of this site, such as providing secure log-in or remembering how far you are through a current order.
Without these cookies, the website would not be able to provide the services you are seeking. As a result, you cannot turn these cookies OFF.
View Strictly Necessary Cookies
Functional
Functional Cookies
These cookies allow the website to implement optional features and functionality that are not strictly necessary for the website to function, such as remembering your log-in details so they are there when you return to the site.
View Functional Cookies
Analytics
Analytics Cookies
These cookies collect information about how consumers use the website and how the website performs.
View Analytics Cookies
Advertising
Advertising Cookies
These cookies are used to track your presence and interactions on the website and to deliver ads that are more relevant to you and your interests based on this information.
They are also used to limit the number of times you see an advertisement, and to measure the effectiveness of online advertising campaigns.
View Advertising Cookies
C. Alternative U.S. Cookie Banner Design
As previously discussed, cookie banners are not required by most privacy laws in the United States. However, we have seen an increase in class action litigation targeting the use of non-essential cookies and trackers without appropriate consent. The opt-out banner above is designed to help reduce the risk of such a claim, but there are alternative designs that can be considered. 1.U.S. Cookie Banner Language – Opt-In Language
An opt-in consent banner is the most effective design strategy for reducing class action litigation risk. However, it also has the greatest impact on marketing and analytics effectiveness.
We, and our third-party partners, use cookies, pixels, and other technologies to collect, record, and share information you provide as well as information about your interactions with our site for ad targeting, analytics, personalization, and site functionality purposes.
By clicking one of the buttons below, you agree to the use of these technologies (as described in our Privacy Notice and subject to your settings) and our Terms and Conditions (which contains important waivers).
Implementation
Display the banner upon a visitor’s arrival to the site from a U.S. IP address.
Display the banner in such a way that the visitor is likely to interact with it prior to using the site (e.g., presenting the banner in a “floating” design that obstructs a portion of the site, such as the lower right-hand quarter).
Design the banner so it only disappears after a user makes a choice about cookies (e.g., do not provide an “X”).
Do not fire non-essential / non-necessary cookies or other trackers until the visitor has opted-in (via the “Accept All Cookies” button or the toggles on the Cookie Preference Manager). ▪ Note: If the Global Privacy Control signal is detected, some companies automatically record the website visitor’s choices and do NOT display the banner or display a customer banner noting the GPC signal was detected and effectuated.
2. U.S. Cookie Banner Language – Implied Consent / Notice Only Approach
An implied consent / notice only banner is the least effective design strategy for reducing class action litigation risk. However, it also has the least impact on marketing and analytics effectiveness.
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We, and our third-party partners, use cookies, pixels, and other technologies to automatically collect, record, and share information you provide, as well as information about your interactions with our site for ad targeting, analytics, personalization, and site functionality purposes.
By continuing to use this site, you agree to the use of these technologies (as described in our Privacy Notice) and our Terms and Conditions (which contains important waivers).
Implementation
Display the banner upon a visitor’s arrival to the site from a U.S. IP address.
Display the banner in such a way that the visitor is likely to interact with it prior to using the site (e.g., presenting the banner in a “floating” design that obstructs a portion of the site, such as the lower right-hand quarter).
If possible, delay the firing of non-essential / non-necessary cookies or other trackers for a short-period of time (e.g., 10 – 15 seconds, though it can arguably take longer for a website visitor to actually spot and read through the cookie banner, such as 30 seconds) to allow the website visitor to review the banner before the cookies and similar technologies are activated. ▪ Note: If the Global Privacy Control signal is detected, non-essential cookies still need to be turned OFF.
