Note: this statement has not been evaluated by an attorney, and is our "best judgment" feedback for customers contemplating amending their T&S to disclose use of Fomo.
Fomo is a marketing automation product with backend connections to data, e.g. your customers' first name or location, and a frontend "snippet" of JavaScript that presents this information to visitors on your website.
Technically speaking, Fomo's functionality is similar to web analytics tools like Google Analytics or email marketing products like Mailchimp. Customers (you) grant Fomo access to some of their data, and we use it to help increase trust and sales on installed websites.
A handful of Fomo customers have elected to add short snippets to their website's privacy policy, such as:
"We use Fomo.com, a marketing analytics tool, which may collect non-identifiable information about our website visitors in order to personalize their browsing experience."
A more verbose option could including linking directly to our DPA (Data Processing Addendum), which outlines our compliance with the EU's GDPR regulations.
If, at any time, a Fomo customer's end-user prefers their browser footprint not be collected by the frontend snippet, the visitor may click the "X" on a Fomo notification to instantly disable notifications and data collection. If, at any time, a Fomo customer's end user prefers their interaction with a customer website (e.g. a purchase or product review) be discarded from Fomo, the Fomo customer may delete that information at any time within the Fomo dashboard, Events tab.
For more assistance in disclosing use of Fomo to your own website visitors, please contact an attorney. For a referral, here are our lawyers of record:
Erik Barstow at Integral Counsel (integralcounsel.com)
Matt Saunders at Saunders & Silverstein (sandsip.com)
Michele Baillie at North Shore Patents (nspatents.com)
Ryan Kulp
founder, Fomo