8. What about Third party tracking software & GDPR

​Things are not so straightforward when it comes to third-party tracking software!

A significant number of websites are using third-party marketing software solutions or even AI on their website.
These could be lead tracking applications like Lead Forensics, Leadfeeder or CANDDI.
They may be using call tracking applications like Call Tracking or Ruler Analytics.
All great tools for generating leads but be wary:
The use of these tracking applications raise some very thought provoking questions in terms of GDPR compliance, and in my opinion, its still remains a grey area. 
At first view, these applications track webusers in ways they would not expect and for which they have not granted consent.  EG., it is tracking my behaviour each time I return to the website, or view a specific page on your site, or complete specific action.
But the suppliers of these applications assure us they are GDPR compliant.
First, the suppliers like CANNDI are advising that banners stating clearly and unambiguously that cookies are being used,
the software suppliers say that the use of cookie tracking technology is in the legitimate interest of your business as a data controller, and specifically Section 47 allowing for “processing for direct marketing purposes or preventing fraud.”
CANNDI advises:
Legitimate​ ​Interest​ ​-​ ​If using the legitimate interest principle within your website tracking it is advisable to have on record during your GDPR preparation that this is the case. This should include the grounds on which you are using this.

The providers of these tools are stating that they are GDPR compliant. But if the software is doing anything illegal, then it is your business’ responsibility as the Data Controller. The real question is to identify the GDPR compliance risks in using this kind of software, and to reduce or eliminate your risks as a business owner. As a result, you need to review your contract with these software providers carefully.

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