Do I need to inform my users that their behavior is being logged?

When you sign up for Fullstory, you agree that you have obtained all necessary approvals and/or permissions to use the Fullstory Services and that your use of Fullstory does not violate your own privacy policy or any applicable laws (See section 11.1 of the Terms & Conditions for specifics). 

Fortunately, you may already have a Fullstory-compliant privacy policy.  If you use virtually any other analytics, session-replay or customer-experience service – including Google Analytics, MixPanel, Optimizely, and others – you have likely already reviewed your privacy policy to ensure it covers these types of products. 

While we’re not in the business of offering legal advice to our customers, below is sample language that you can include in your privacy policy:

Site usage and session information

We collect information about your interaction with our Services, including the resources that you access, pages viewed, how much time you spent on a page, and how you reached our website. We also log the details of your visits to our website and information generated in the course of using our website, such as mouse movements, clicks, page visits, text entered, how long you spent on a page, and other details of your actions on our website. We may share this information with a trusted third-party to analyze and organize any collected data on our behalf and at our express direction.

You may also opt to use a cookie banner, splash page, or pop-up to notify individuals about your use of session replay technology and/or data analytics so that your end-users are immediately notified, can provide consent, for example, by clicking an “X” or “Got it” button to make the banner go away, and can view corresponding policies or terms before they continue to use your website.  

Below are examples of cookie banner language:

  1. [Company Name] uses Strictly Necessary Cookies to operate this website. These cookies are essential, and will always remain active. [Company Name] also uses Optional Cookies to improve site functionality, analyze usage, capture interactions and personal data on the site, and interact with third parties. By clicking "Accept Optional Cookies," you agree to the placement of Optional Cookies on your device. You can manage your cookie preferences by clicking "Customize Cookies." Depending on your selected cookie preferences, the full functionality of this website may not be available.  Review our Cookie Policy for more information.
  2. We use cookies on our websites. Your interactions and personal data may be collected on our website(s) by us and our partners in accordance with our Privacy Policy [hyperlink to privacy policy that includes session replay disclosure].

If you're interested in seeing how we notify our customers about information we collect, check out our Privacy Policy, specifically the sections titled "What Information We Collect" and "How We Use Your Information."

Please work with your privacy team or legal counsel to understand what disclosures you are legally required to include in your company's privacy policy, including whether to disclose that you use Fullstory.  We recommend that you also consult with your privacy team or legal counsel on whether implementing a banner, pop-up or splash page is a useful way to highlight your use of analytics cookies, session replay technology, and to obtain opt-in consent from your end-users in applicable jurisdictions. For example, Fullstory uses a cookie banner in certain jurisdictions to collect opt-in consent for non-essential cookie usage.

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