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Affiliate tracking privacy: what to disclose and where
Simple disclosures that reduce risk without killing conversion
Affiliate tracking is usually simple technically (a parameter + a cookie). The part founders forget is the compliance surface: you’re storing an attribution signal that can be considered tracking data.
This page is not legal advice. It’s a practical checklist for what to disclose and where, plus copy/paste language you can hand to counsel for review.
Table of contents
- What affiliate tracking usually collects
- Where to disclose it (minimum)
- Copy/paste: privacy policy wording
- Cookie banner notes (EU)
- FAQ
What affiliate tracking usually collects
- Referral parameter in the URL (e.g., ?ref=partner123)
- A first-party cookie or localStorage value to remember attribution
- Timestamps (for attribution window)
- Landing page / destination URL (sometimes)
- Optional: click IDs, campaign parameters (UTM), or coupon usage
In most SaaS setups, you do not need to store personal data about the affiliate’s visitor to do attribution — but you are still tracking behavior across pages and time.
Where to disclose it (minimum)
- Your Privacy Policy (required): mention referral/affiliate tracking and attribution cookies.
- Cookie banner (if applicable): include affiliate/referral cookies in the relevant category.
- Affiliate program terms: clarify how attribution works and what data you store about affiliates/customers.
Copy/paste: privacy policy wording
Use plain language. The goal is clarity: what you store, why, and for how long.
Option A: Short disclosure (good default)
Affiliate/referral tracking: We may use referral parameters and first-party cookies to attribute signups or purchases to an affiliate or referral partner. This helps us measure program performance and calculate commissions. Attribution identifiers may be stored for a limited period (our attribution window) and are not used to sell personal data.
Option B: Include retention window (more explicit)
Affiliate/referral tracking: If you arrive via a partner link or coupon, we may store an attribution identifier (e.g., a referral code) in a first-party cookie for up to [X] days. If you create an account or purchase, we associate that attribution identifier with your account/order so we can credit the partner.
Cookie banner notes (EU)
If you have EU traffic, talk to counsel about whether affiliate attribution cookies require opt-in consent in your specific setup. Many teams treat them as analytics/marketing cookies and request consent.
- If you gate marketing cookies behind consent, make sure affiliate attribution respects that choice.
- If you rely on first-party cookies only, disclose them anyway — transparency reduces risk.
FAQ
Is this enough for GDPR/CCPA?
It’s a practical starting point, not a legal guarantee. The goal is to make your tracking transparent so a lawyer can validate it quickly.
What’s the most common mistake?
Tracking attribution in code but never mentioning it in the privacy policy or cookie disclosures. The fix is a short, explicit paragraph like the templates above.
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