Video Brochure Analytics
Tracking in Video Marketing Products
Video Brochure Tracking – Legal Issues
Should You Track Someone’s Location?
The ability to track data for analytics in video brochures, video mailers, and video boxes is a very limited offering in our industry.
For instance, tracking can be used to show:
- Whether they change locations with the piece
- When a recipient opens the piece
- How long they watch
- How many times they replay the video content
- Where they are located when they watch
While that sounds powerful, it actually creates serious privacy, compliance, and legal concerns.
With that in mind, if you are considering using tracking software in video-enabled marketing products, please do not venture down that road until you read this.
Legal Issue: Consent and Control
Tracking-enabled video marketing products rely on technology that collects data without the recipient’s consent and without a practical way for them to opt out or disable the tracking once the piece is received.
To quote Bill Diaz, Vice President of MediaFast, “When tracking is built into these products, a recipient cannot turn it off.”
In today’s privacy environment, that’s a red flag!
- Most state privacy laws treat certain data, especially precise location, as sensitive and impose heightened consent requirements.
- Federal regulators (including the FTC) have taken enforcement actions in cases involving sensitive data collection where consumer notice, consent, and control were inadequate.
“There is no control over opting out. And without consent, they are automatically opted in,” added Bill Diaz.
Here’s the bottom line: If a recipient can’t reasonably opt out or turn tracking off, data collected via position tracking is noncompliant and high-risk because of how the data is collected, stored, and possibly utilized.
And please don’t just take our word for it. What we recommend is that any company who is considering using tracking capabilities in video-enabled marketing products review the approach with qualified legal counsel. Usually, legal teams will request an alternate strategy.
Bill Diaz Explaining Tracking Software in Video Marketing Products
In addition to all of this written content, here is a video featuring Bill Diaz, VP of MediaFast, explaining tracking software in video marketing products.
Why We Don’t Offer Position Tracking
At MediaFast, we deliberately choose a privacy-first approach:
- Our products do not connect to the internet or cell phone networks.
- We do not embed tracking software.
- We do not collect recipient viewing behavior or location data.
Our philosophy protects your brand and your customers from potential legal liability. Most recipients view “open/watch/location tracking” as intrusive, and it can backfire with major consequences.
Alternative Options to Measure Engagement
You can still measure performance effectively without invasive tracking. For instance, there are common, compliant, and proven options that include:
- QR codes and unique landing pages
- Campaign URLs
- Dedicated phone numbers and extensions
- Personalized offer codes
These methods will provide metrics that matter most, which are: intent, response rate, conversion rate, and revenue impact without using sensitive data collection.
What We Recommend
If you’re evaluating “analytics-enabled” video marketing products, we recommend that you ask the vendor the following questions:
- If you claim that your method does not violate privacy laws, are you willing to indemnify us and take on the cost of legal action should it occur?
- What data will be collected?
- How is the recipient notified before data collection begins?
- Is the notification clear and obvious?
- Does the method of notification comply with state and federal laws?
- Is there an opt-out or way to disable tracking?
- Is the solution you’re offering compliant across states where recipients may be located?
- Who stores the data, for how long, where are they, and who can access it?
If you want measurable results without risk, we’ll help you choose the right solution and build a campaign that tracks what matters without the stress of potential legal issues.
