These FAQs have been prepared to aid your understanding of our partnership with Termly Inc.
Nothing in this article shall be considered legal advice nor is there any guarantee that implementation of the cookie consent management tool will ensure compliance with applicable data protection legislation and or regulations.
How do I make it work?
Who is Termly?
Termly Inc (or ‘Termly’) are a Delaware (United States) registered company that we have partnered with to provide you with the option of a cookie consent management solution in relation to our Access Charity Websites that you are in receipt of.
Is Termly a sub-processor?
Termly will process limited personal data in relation to the provision of a cookie consent management tool. The data types are:
IP address
Country
Cookie preferences
Device type
Time visited
Time preferences
Their processor status means they are a sub-processor of ours. At law and as per our contract with you, we are liable for Termly’s performance and compliance with applicable laws.
Why do I have to agree to Termly Terms of Use?
While we will manage the implementation and ongoing use of the tool on your behalf, you are the end user in receipt of Termly services. Termly requires acceptance of these end-user terms and we’re unable to accept these on your behalf.
Where is Termly geographically located?
Termly are one of our trusted partners, located in the United States.
What is the impact of Termly being a company incorporated and operating in the United States?
In respect of EU and UK applicable data protection legislation, any processing of personal data in the scope of the legislative text requires (amongst other things), and regarding transfers of personal data to the United States: a transfer impact assessment; appropriate recognised safeguards; and appropriate supplementary measures. We have taken all the appropriate steps.
What safeguards and supplementary measures have been put in place regarding Termly’s processing of personal data?
Access and Termly are bound to the latest recognised standard contractual clauses. Additional supplementary measures by way of technical and organisational measures have also been agreed in the relevant contract. A full copy of all supplementary measures can be provided upon request.
Why do I need a cookie consent management tool?
Applicable data protection legislation requires that users of the site need to opt-in (i.e., give consent) to the placement of cookies on their devices. There are rules in relation to valid consent. These rules and other organisations’ adherence to the same has become the subject of recent scrutiny and administrative fines by supervisory authorities. The tool we’re making available through Termly is understood to allow for compliant cookie placement however we cannot and do not guarantee the same.
What is the impact if I don’t implement the cookie consent management tool?
Applicable data protection laws require that your site has the option to accept or reject cookies. Without this, any placement of cookies will be non-compliant.
Is there an alternative to using Termly’s cookie consent management tool?
We are not currently offering alternatives. However, should this change, we will make this information known to all of our customers, including you. Please see below for info if you choose not to use the Termly solution, or if you later change your mind.
I do not want to adopt the cookie consent management tool, what do I do now?
Nothing. Simply do not check the box to agree and opt in. Your existing cookie banner will remain in place assuming you have it activated.
I do want to adopt the cookie consent management tool, what do I do now?
As Termly are a sub-processor based in the United States, we’re seeking your consent for their appointment.
Just check the tick box to say you agree to Termly’s terms of use and follow the steps to get set up.
I already have another Third Party solution, how can I use the Termly solution?
You will need to have the code removed. If you need help with this, please reach out to us via the Digital Assistant and provide us with as many details as possible so we can investigate and assist.
I have changed my mind. I no longer want to use this solution with Termly. How can I turn it off?
Simply uncheck the box and it will revert back to your previous cookie banner (assuming it was activated).
If you were using a third-party solution, this may need to be implemented again using code. Please reach out to us via the Digital Assistant to check if this is possible.
Will we notice a drop in the traffic we are able to track?
Unfortunately, a drop in the traffic you are able to track is an inescapable truth of implementing proper consent management. This is because your end users will have the choice of whether or not they wish to be tracked in this way.
How much of a drop should we expect to see?
The scale of the drop in reported traffic is largely dependent on where it is coming from. EU and UK traffic is likely to see the biggest drop. Do not be surprised if your reported traffic drops to 30% or even up to 60% in some cases (but remember this reflects a change in the number of individuals you are able to track. Implementing the cookies banner is very unlikely to cause a drop in the actual numbers visiting your website).
How do I categorise cookies that appear as unclassified?
Visit our page on categorising unclassified cookies for information and guidance.
How do I manage third-party scripts in relation to my cookies service?
Visit our page on managing third-party scripts for information and guidance.