Privacy Battles
Visitor Analytics
Privacy Score
100
%
⚔️
Google Analytics
Privacy Score
50
%

Designated DPO or GDPR correspondent

Compliant
Partially Compliant
Not Compliant

Visitor Analytics has appointed a Data Protection Officer who can be contacted at the following address: dpo@visitor-analytics.io.

Compliant
Partially Compliant
Not Compliant

Google doesn't mention having a DPO but has a privacy dedicated help center which contact is available on its website: https://support.google.com/policies/answer/9581826?hl=en&visit_id=637842217867882507-4117401368&rd=1 

Privacy Policy

Compliant
Partially Compliant
Not Compliant

Regarding cloud & website: https://policies.google.com/privacy 

This policy however covers a broad scope that includes various Google applications and services (including Analytics), that makes it difficult to apprehend for both controllers and data subjects.

Country & Type of Data storage

Compliant
Partially Compliant
Not Compliant

Company Headquarters:
Germany and Romania (EU)

Storage Facilities:
All analytics data is processed by German cloud provider Hetzner, in Germany.

Compliant
Partially Compliant
Not Compliant

Company Headquarters:
Ireland (EU)

Storage Facilities:
Google has cloud servers all over the world but (except for the US) doesn’t specify in which countries.

Data transfers outside the EU

Compliant
Partially Compliant
Not Compliant

Data is never transferred outside the EU.

If ever, Visitor commits only to transferring personal data outside the EU if an adequate level of data protection is established.

Compliant
Partially Compliant
Not Compliant

Personal data is transferred outside the European Union whether this transfers are based on Adequacy decisions of the European Commission or Standard contractual clauses (SCCs).

However, SCCs have been deemed insufficient when transferring personal data to US servers by the European Court of Justice. This entails the necessity for complementary data protection measures. However, the French Data Protection Authority (CNIL) has considered complementary measures put in place by Google (User ID pseudonymisation, IP addresses anonymisation, etc.) not efficient enough for data protection against intelligence agencies.

Legal tools for Subcontractors

Compliant
Partially Compliant
Not Compliant

Subcontractors are subjects to written agreements providing the same protection level as set out in Visitor’s DPA: https://www.visitor-analytics.io/fileadmin/visitor-analytics/downloads/dpa/20210622_visitor-analytics_data-processing-agreement_en.pdf

Visitor has made public its of subprocessors: https://www.visitor-analytics.io/fileadmin/visitor-analytics/downloads/dpa/20210622_visitor-analytics_data-processing-agreement_en.pdf

Prior to adding new subprocessor or replacing an existing subprocessor, Visitor informs controllers and provides a reasonable deadline for them to object.

Compliant
Partially Compliant
Not Compliant

Subcontractors are subjects to written agreements substantially similar to Google’s DPA: https://business.safety.google/intl/en/adsprocessorterms/

Google has made public its list of subprocessors:
https://business.safety.google/intl/en/adssubprocessors/

Before onboarding subprocessors, Google conducts an audit of the security and privacy practices of subprocessors to ensure they provide a level of security and privacy appropriate to their access to data and the scope of the services they are engaged to provide.

‍30 days prior to modifying the list of subprocessors, the controller will be notified by email and is able to object by terminating the contract.

Data Breach Notification

Compliant
Partially Compliant
Not Compliant

Visitor commits to notify controllers without undue delay after becoming aware of a security incident, to assist controllers in fulfilling their notification and communication obligations, and to take appropriate measures to mitigate the possible adverse effect of the incident.

Compliant
Partially Compliant
Not Compliant

If Google becomes aware of a Data Incident, Google will notify controllers promptly and without undue delay; and promptly take reasonable steps to minimise harm and secure personal data. Google will deliver its notification by email, phone call or an in-person meeting.

Right Requests Process

Compliant
Partially Compliant
Not Compliant

Visitor Analytics will notify the concerned controller promptly (maximum 5 working days) in writing of any communication received from a data subject relating to its rights and will assist the controller within the scope of its ability to fulfil the request.

Compliant
Partially Compliant
Not Compliant

Rights of deletion and portability can be fulfilled by the controllers directly through the SaaS.

If Google receives a request from a data subject, controllers authorize Google to answer directly to the data subject’s request or to advise the data subject to submit their request to the appropriate controller.

Google commits to assist controllers in fulfilling their obligations to respond to requests for exercising the data subject’s rights.

Data Privacy Impact Assessment

Compliant
Partially Compliant
Not Compliant

Visitor assists controllers in ensuring compliance with their obligations in respect of DPIAs and prior consultation.

Compliant
Partially Compliant
Not Compliant

Google assists controllers in ensuring compliance with their obligations in respect of DPIAs and prior consultation.

Employee Trainings

Compliant
Partially Compliant
Not Compliant

Visitor ensures all persons authorised to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

Compliant
Partially Compliant
Not Compliant

Google ensures all persons authorised to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

Security Policy

Compliant
Partially Compliant
Not Compliant

Visitor has obtained an ISO 27001 certification, for which a security policy is necessary.

Compliant
Partially Compliant
Not Compliant

Google has obtained and maintained an ISO 27001 certification, for which a security policy is necessary.

Organizational and Technical Security Measures

Compliant
Partially Compliant
Not Compliant

Server security:
Cloud security relying on Hetzner (CCTV, security team, physical access controls, etc.)

Other measures:
Regular data backup, IP address anonymisation (optional), intrusion detection controls, data encryption in transit, data access monitoring, authorization management, employee security training, firewalls, server redundancy, prohibition of permanent workstation storage of personal data.

Compliant
Partially Compliant
Not Compliant

Google has obtained and maintained an ISO 27001 certification, for which a security policy is necessary.

Data Encryption

Compliant
Partially Compliant
Not Compliant

Data encryption in transit (SSL).

Compliant
Partially Compliant
Not Compliant

Data encryption in transit (HTTPS) and at rest (AES256).

Restriction of access

Compliant
Partially Compliant
Not Compliant

Visitor allows access or processing of personal data  by employees for IT support and maintenance. The internal access to data (e.g., by employees) is regulated through the concept of least privilege.

A special script and encrypted keys are used to access personal data and audits are conducted to ensure controls are enforced.

Compliant
Partially Compliant
Not Compliant

Access to data by employees, contractors, and subcontractors is limited by strict access controls (authentication procedures, SSL, and security logs), restricting access only to authorized users.

Reuse of data

Compliant
Partially Compliant
Not Compliant

Visitor Analytics is only providing data to each controller based on the Data Processing Agreement signed between the two parties and will not share personal data without the controller’s consent, except under certain limited circumstances, such as when required by law.

Compliant
Partially Compliant
Not Compliant

Google shares personal data between its multiple service platforms (Adsense, etc.).

Concerning third parties, Google states it will not use or disclose any confidential information belonging to controllers without their prior written consent, except to fulfill its obligations under this Agreement or as required by law, regulation or court order.

Exemption of cookie consent

Compliant
Partially Compliant
Not Compliant

YES, Visitor doesn’t collect unnecessary cookies.

Cookies collected relate to ignoring a data subject’s visit on a website.

Compliant
Partially Compliant
Not Compliant

NO, by default Google collects cookies and therefore visitors’ consent is necessary.

Submission to Cloud Act/FISA

Compliant
Partially Compliant
Not Compliant

NO, data is stored in the EU by an European cloud provider.

Compliant
Partially Compliant
Not Compliant

YES, even though Google offers an anonymisation option for IP addresses that can be activated by controllers, other personal data is still transferred on US servers by default (user ID, cookies).

Also, Google publishes a Transparency Report which is a list of demands based on FISA made by intelligence agencies:
https://transparencyreport.google.com/user-data/us-national-security