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Is the CCPA Too Burdensome … for Consumers? | Foley Hoag LLP - Privacy & Data Security - JDSupra

Is the CCPA Too Burdensome … for Consumers? | Foley Hoag LLP - Privacy & Data Security - JDSupra | The CYDigital Blog | Scoop.it
The CCPA revolves around a series of rights granted to consumers. Those rights allow consumers to: (i) know about what personal information a business has collected about them; (ii) access said personal information; (iii) have the business delete their personal information; and (iv) opt-out from the sale of their personal information. To give these rights meaning, the CCPA requires businesses to disclose these various rights to the consumer. And the law requires businesses to inform consumers, at or before the point of collection, about “the categories of personal information to be collected and the purposes for which the . . . personal information shall be used.” (Cal. Civ. Code § 1798.100.)

As a useful point of comparison, the GDPR creates a similar individual-rights regime, but couples its grant of individual rights with a series of accountability mechanisms designed to “encourage companies to embrace data minimization and purpose specification when they use data.” That is, independent of consumers’ rights to access and control their data, companies under the GDPR are required to use only as much personal information as is necessary for their specified business purposes.

The CCPA lacks this component.
CYDigital/marteq.io's insight:

It's the downside to the CCPA: to gain traction, the CCPA needs to eliminate friction. And there's too much friction.

 

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Data exchanges promise to reward you for your information - Slate

Data exchanges promise to reward you for your information - Slate | The CYDigital Blog | Scoop.it
Enter the so-called data exchange, a new breed of tech startup promising to cut us in on a share of the vast wealth being created by the sale of our personal data. Billing themselves as disruptors of a top-heavy and exploitative industry, these companies promise to build platforms where we can collect, store, and ultimately sell our browser histories, Fitbit analytics, bank statements, Instagram posts, Spotify habits, and all the other data points that drop from us like skin cells and hair follicles as we go about our lives.

In return, you’ll get some crypto tokens that might be worth something one day if enough of us decide to sell access to our lives. That’s because the data exchange market doesn’t actually exist yet. Though a number of these companies have already launched, data is only valuable in aggregate, so these startups will need to attract users—and lots of them–before they can start compensating people in any kind of meaningful way. Until then, all we have are the hopeful predictions of evangelizing entrepreneurs like Roger Haenni, the co-founder of a startup called Datum, who vaguely estimates our data might be worth about $2,000 a year, though others have put the number much lower. 

The problem is that the kind of data these companies want you to sell is not just some inert commodity. It is not the product of your labor. It is the product of surveillance, and surveillance is a tool of manipulation. Shoshana Zuboff’s The Age of Surveillance Capitalism spends 700 pages making just this point, examining how our personal data has been weaponized against us by profit-driven corporations in ways that entrench inequality, damage our interior lives, and undermine the foundations of democracy.
CYDigital/marteq.io's insight:
  1. The value of data is higher...much higher...as marketers need to reach consumers not only with advertising, but product feedback, product reviews, surveys, cust sat questions, etc.
  2. CYDigital will be offering immediate tokens that can be converted to fiat through sales on an cryptocurrency exchange or purchased back (buyback) from CYDigital.
  3. An exchange is a flawed model, as the Consumer loses control over their data. WIth CYDigital, the Consumer never loses control over their data, and in fact their anonymity is protected!

 

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What’s the Value Proposition behind Cryptocurrency?

What’s the Value Proposition behind Cryptocurrency? | The CYDigital Blog | Scoop.it
Two large banks, Signature Bank and J.P. Morgan, have officially announced they are supporting cryptocurrencies and each has implemented a closed-loop solution. A new research report from Mercator Advisory Group titled How Banks Can Safely Do Cryptocurrency evaluates the state of cryptocurrencies and considers multiple solution types based on how they fit the existing regulatory structures and evaluates where each solution will push the boundaries of institutional risk.

The report defines and delineates between virtual currencies, digital currencies, cryptocurrencies, private cryptocurrencies, “stablecoins,” and initial coin offerings (ICOs). It explains the risks associated with different cryptocurrency implementations and provides a graphic that makes it easy to comprehend how cryptocurrencies can be called, on the one hand, as the most secure currency in the world while, on the other hand, the news almost weekly reports new criminal acts in which people’s cryptocurrency has been stolen.
With that background information, the report evaluates different approaches a bank might take to deliver a cryptocurrency-based product to its customers while remaining compliant to all existing banking regulations.
CYDigital/marteq.io's insight:

The title may be a tad misleading, but click through for the link to the report.

 

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Blockchain and Web 3.0: The future of private data protection - JAXenter

Blockchain and Web 3.0: The future of private data protection - JAXenter | The CYDigital Blog | Scoop.it
The development of semantic technologies can further make Web3.0 intelligent. But to make it the instrument of data protection, it is essential to base this technology on the blockchain logic. The real blockchain logic will ensure that we carry our data as locally as possible. The peer to peer review system will keep the users alert of the data block building. However, some of the challenges in the integration of these technologies are :

How to locate and build small servers?
How the protocols can be redefined to enable the data access
How to regulate malicious contents on terrorism, national security etc.
How to share costs of building servers between individuals, government and private entities, without compromising data ownership?
CYDigital/marteq.io's insight:

The CYDigital solution solves this issue! Learn more at our website.

 

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The Optimization of B2B Digital Marketing - CIO Review

The Optimization of B2B Digital Marketing - CIO Review | The CYDigital Blog | Scoop.it
Organizations are taking significant strides to make an impact in digital marketing, adopting new talent and technology necessary to reach their marketing goals. However, the digital expertise offered by B2B organizations often does not meet the expectations of the market. To yield the best results, the organizations will have to focus on customer data privacy, search engine marketing and optimization, and account-based marketing.

Organizations have access to vast quantitative information regarding their customers, even the data which they consider private. The importance of data privacy has spurred several regulatory bodies to action. After the enforcement of the General Data Protection Regulation (GDPR) by the European Union, the United States is also trying to pass its data privacy legislation. Furthermore, data breaches and privacy concerns have prompted many away from social media. Hence, it is up to the organizations to convince the people of their ability to handle private data with care.
CYDigital/marteq.io's insight:

The train has left the station. Too late for self-regulation: legislation is coming, and the B2B marketer will need to adhere.

 

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Dark data raises challenges, opportunities for cybersecurity - TechTarget

Dark data raises challenges, opportunities for cybersecurity - TechTarget | The CYDigital Blog | Scoop.it
Where does all this dark data come from?  The way dark data is created falls into one of two categories. One is the data is not collected at all -- it's sort of zombie data. Oftentimes, that will happen when companies bring new servers online, especially in these days of ephemeral servers and serverless. It's so easy to bring these servers online and take them down again very quickly without ever having collected those logs.

The second half of the dark data has to do with people just collecting the data for various reasons -- such as compliance or just helping them sleep better at night -- and then just not consuming it. That would fall into that 'unused' category.

The other thing is everyone, despite the fact that they had a high percentage of dark data, still felt that data skills would be essential. The last part was that there's a global agreement that [using] AI is possibly the way to get a hold of this dark data moving forward.
CYDigital/marteq.io's insight:

We want consumers to collect and USE their data to their advantage.

 

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A large promise with great possibilities: B-to-B CMO spotlight | AdAge

A large promise with great possibilities: B-to-B CMO spotlight | AdAge | The CYDigital Blog | Scoop.it
And do you see experience management as a category that you’re not just creating, but leading?
Absolutely. There are many categories that have been defined through the years. We truly believe that experience management is the next category. We are building it, and we absolutely intend to lead it. A lot of it is about access to data and turning that data into intelligence to help your company run better. And when you have this formula of a purpose as an organization enabled by data, which drives intelligence, to allow you to build an operation, to run your company at its best, together with your ability to really capture the feelings of your customer to help inform then how you operate—it's a perfect formula for what we believe we're in right now. The experience economy, and this creation of this new segment which we call experience management.
CYDigital/marteq.io's insight:

The experience economy relies on data, and if the Consumer owns the data, the Consumer has the upper hand on the "experience transaction."

 

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Battling the dark WEB | New Straits Times 

Battling the dark WEB | New Straits Times  | The CYDigital Blog | Scoop.it
There are three layers of the Internet. The first is the surface web where one operates a portion of the World Wide Web (www) and searchable with standard or usual search engines such as Google to read email, blogs or watch YouTube.

Second, is the deep web — which requires special software to access. The final layer is the dark web which forms a small part of the deep web. Like the deep web, standard search engines do not lead to the dark web. Both protect the users’ privacy.

But interestingly, the surface web contains only four per cent of the Internet; the remaining 96 per cent is hidden in the deep and dark web.
CYDigital/marteq.io's insight:

96%!

 

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Web 3.0: Browsers With Blockchain And Cryptocurrencies - bitnewstoday

Web 3.0: Browsers With Blockchain And Cryptocurrencies - bitnewstoday | The CYDigital Blog | Scoop.it
Web 3.0 is a controversial term, and each interprets it in its own way. The most common features of this generation are the distribution of high-performance services, a shift in focus from user-generated content to high-quality content that meets the needs of visitors in the best way.

However, in the area of blockchain, the third generation Internet usually has a very definite value, and that is not controversial. Web 3.0 is a global network in which there is no centralization and resources are stored in a distributed way. Users personally manage their own data (identity), services work using decentralized applications (dApp) and no one can control the distribution of information.

Decentralized Internet is a major subject for just one article, and in this text, we discuss one of the solutions for Web 3.0 — browsers with blockchain and cryptocurrency support.
CYDigital/marteq.io's insight:

Exactly where we are.

 

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Maine Could Soon Pass the Strictest Internet Privacy Law in the U.S. - GovTech

Maine Could Soon Pass the Strictest Internet Privacy Law in the U.S. - GovTech | The CYDigital Blog | Scoop.it
A bill that has received majority support in both houses of the Legislature would create the toughest state Internet privacy law in the nation, prohibiting carriers such as AT&T and Spectrum from selling Maine customers’ personal data without their permission.

On Wednesday, the House voted 96-45 in support of the bill, with nine Republicans voting with Democrats in the majority. Previously, it passed with a majority in the Senate via a voice vote.

The House amended the bill to delay its effective date until July 1, 2020, in order to give Internet service providers time to prepare for the new rules. The amendment would need to be accepted by the Senate before being sent back to the House and Senate for enactment, then on to the desk of Gov. Janet Mills.
CYDigital/marteq.io's insight:

Add Maine to the list.

 

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Empirical analysis of behavioral advertising finds that surveillance makes ads only 4% more profitable for media companies / Boing Boing

Empirical analysis of behavioral advertising finds that surveillance makes ads only 4% more profitable for media companies / Boing Boing | The CYDigital Blog | Scoop.it
In Online Tracking and Publishers’ Revenues: An Empirical Analysis, a trio of researchers from U Minnesota, UC Irvine and CMU report out their findings from a wide-ranging (millions of data-points) study of the additional revenues generated by behaviorally targeted ads (of the sort sold by Facebook and Google) versus traditional, content-based advertising (that is, advertising a piano to you because I spied on you when you searched for pianos yesterday, versus showing you an ad about pianos next to an article about pianos).

They found that despite the 40% "ad-tech" premium charged by behavioral ad companies, the ads only added about 4% the media companies that published them, meaning that behavioral advertising is a losing proposition. What's more, serving behaviorally targeted ads involves a great deal of expense in the form of compliance and liability, numbers that will only go up as more privacy laws are enacted.
CYDigital/marteq.io's insight:

This is SIGNIFICANT: the uptick from the additional expenditure is not worth it. The study itself needs to be carefully reviewed before making an decisions based the results. However, if true, then it proves the thesis that we promote: that behavioral targeting is no longer a value add, but a must have.

 

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New Nevada Privacy Law With “Sale” Opt-Out Right Will Take Effect Before the CCPA | - JDSupra

New Nevada Privacy Law With “Sale” Opt-Out Right Will Take Effect Before the CCPA | - JDSupra | The CYDigital Blog | Scoop.it
Nevada has a new privacy law. On May 29, Nevada Governor Steve Sisolak signed Senate Bill 220 (SB-220) into law, making Nevada the first state to join California in granting consumers the right to opt out of the sale of their personal information. The act, which amends an existing online privacy notice law, is significantly narrower than the California Consumer Privacy Act (CCPA). It applies only to online activities, defines “consumer” and “sale” in a much more limited manner than the CCPA, and includes broad exceptions for financial institutions subject to the Gramm-Leach-Bliley Act, entities subject to the Health Insurance Portability and Accountability Act, and vehicle manufacturers and vehicle service and repair entities that collect covered information from vehicles through connected or subscription services.
CYDigital/marteq.io's insight:

The focus has been on the CCPA, but we overlook that Nevada is the first in line, albeit with a version that is not nearly as sweeping as the CCPA.

 

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Facebook still wants your data - Phys.org

Facebook still wants your data - Phys.org | The CYDigital Blog | Scoop.it
The square logo is now a circle. There's a lot of white space, and someone KonMari'd the title bar.

Shopping within Facebook is prioritised through the Marketplace feed, and you can watch shows and online videos in groups through the Watch function.

Facebook Messenger loads faster, the interface is cleaner and a dating service may soon be available in Australia.

What hasn't changed is the core product: the capacity for Facebook to collect platform data and generate behavioural inferences for advertisers.
CYDigital/marteq.io's insight:

FB cannot change: it'll kill their business model.

 

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Is caring about data privacy the new conspicuous consumption? - Fast Company

Is caring about data privacy the new conspicuous consumption? - Fast Company | The CYDigital Blog | Scoop.it
How much is digital privacy worth to you? I’m going to go out on a limb and bet that if you had to put a price tag on your privacy—as in, how many actual dollars you’d be willing to part with in order to make sure that Big Tech can’t collect any data on you—that price tag would be pretty close to zero. Even the very concerned wonks at The Atlantic admit it: “Privacy” is abstract, confusing, and hard to sell to regular people who may have heard that “surveillance capitalism” is totes not cool, but still use Gmail and smartphones anyway.

Which is why the makers of Winston aren’t bothering to try. Instead, they’re embracing the fact that, at least for now, simply caring about “the privacy problem” denotes privilege—and the best way to sell a solution is as a luxury good. Winston’s CEO, Richard Stokes, uses the word “premium product,” but what else would you call an “online privacy device” that costs $250 retail (plus $99 per year in ongoing software subscription fees)?
CYDigital/marteq.io's insight:

It's the other way around.

 

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Retailers Walking A Tightrope Between Data Privacy and Personalization - Forbes

Retailers Walking A Tightrope Between Data Privacy and Personalization - Forbes | The CYDigital Blog | Scoop.it
Retail is walking a fine line as consumers want to have their cake and eat it, too. According to recent research, while most consumers in the United States would welcome personal data protection rights similar to GDPR, research from Segment found that on average, 71% of consumers express some level of frustration when their experience is impersonal. The same report found that 49% of consumers have purchased a product that they did not initially intend to buy after receiving a personalized product recommendation from a brand.
CYDigital/marteq.io's insight:

It's not a fine line, and the solution is fairly easy: just give ownership of the data to the Consumer (just as CYDigital does).

 

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Bevy Of CCPA Amendments Pass California Assembly. Next Stop: The Senate - AdExchanger

Bevy Of CCPA Amendments Pass California Assembly. Next Stop: The Senate - AdExchanger | The CYDigital Blog | Scoop.it
A bunch of the amendments exempt certain types of businesses or data types from being subject to the law, including insurance companies, companies complying with government requests or dealing with security or fraud issues, vehicle repair data and employee and job application-related data. (AB 981, AB 1416, AB 1146 and AB 25).

Other of the amendments seek to tweak the definition of personal information under CCPA, such as AB 873, which broadens the language from data that is “capable of being associated” with a person or household, to data that is “reasonably capable” of being associated.

AB 1355 excludes de-identified and aggregated consumer information from the definition of personal information, while AB 874 tones down the definition by excluding info collected from public records.

Rounding out the bills, AB 1564 would allow businesses to only have one method of contact for consumers submitting information requests (either an email or a toll-free phone number, but no need for both); AB 1202 would require data brokers to honor opt outs; and AB 846 would ensure that the CCPA doesn’t apply to loyalty programs, rewards and coupons.
CYDigital/marteq.io's insight:

Nothing that changes the fundamental nature of the law.

 

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Infographic: Most Americans Support Consumer Data And Privacy Protection Law - IB Times

Infographic: Most Americans Support Consumer Data And Privacy Protection Law - IB Times | The CYDigital Blog | Scoop.it
This chart shows the results of a survey about data protection laws in the United States.
CYDigital/marteq.io's insight:

Of course! But how? CYDigital has the answer...

 

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Washington State Data Privacy Act Fails To Pass - Data Protection - Mondaq

Washington State Data Privacy Act Fails To Pass - Data Protection - Mondaq | The CYDigital Blog | Scoop.it
The Washington Privacy Act (SB 5367) ("WPA"), a bill which received 46-1 support in the Washington state Senate, failed to come to a floor vote in the Washington House of Representatives of Representatives before the April 17 deadline for the Washington state legislative session. Given the near-unanimous support for the bill in the Senate, the bill was expected to pass the Washington House without problem.

The WPA would have been the second comprehensive state act (the California Consumer Protection Act ("CCPA") being the first) to address the issue of consumer data protection. The WPA was modeled on the European Union's General Data Protection Regulation ("GDPR") and used very similar language as the GDPR relating to the expansive definition of "personal data." The WPA also would have given Washington residents very similar protections as those offered to European residents under the GDPR, including giving residents the right to delete data; the right to request that any data errors about the resident be corrected; the right to receive a copy of any personal data collected by a company in electronic format; and the right to withdraw consent from the processing of any personal data. In addition, companies would have been required to conduct risk assessments of their processing of consumers' personal data and to ask for the affirmative consent of consumers before processing their data in ways that posed a high risk of privacy harm.

The bill reportedly ran into trouble after privacy advocates pushed the Washington House to strengthen the bill. Ultimately, several issues proved too difficult to get past. One key issue that involved the bill's approach to the regulation of facial recognition software. One amendment would have imposed stricter controls on the use of facial recognition software including companies to obtain consent prior to the use of the software which many found objectionable.
CYDigital/marteq.io's insight:

Why didn't it pass? Not strong enough.

 

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How to Completely Remove Your Private Information From The Web - Mashable

How to Completely Remove Your Private Information From The Web - Mashable | The CYDigital Blog | Scoop.it
A good first stop is the World Privacy Forum, a nonprofit "dedicated to reimagining privacy in a digital era." The organization has an extremely detailed opt-out list for data brokers, with the respective links and steps needed to remove your info from the companies' clutches. More broadly, the WPF put together what it calls the top 10 opt-outs — a detailed step-by-step guide to pulling your information from the data brokers of the world.

CYDigital/marteq.io's insight:

A good first step...of many steps.

 

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Protecting digital business from security risks

Protecting digital business from security risks | The CYDigital Blog | Scoop.it
Organizations must change their talent development and recruiting practices to be able to address missing skills. Start by building and developing a list of new competencies and skills required to support digital business initiatives. Then adapt short-term skills management practices by outsourcing security functions to managed security service providers (MSSPs) and/or delegating responsibilities to other internal staff.

CYDigital/marteq.io's insight:

Or just increase your cyber insurance coverage.

 

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Data: the New Currency That Accelerates Business - DevOps

Data: the New Currency That Accelerates Business - DevOps | The CYDigital Blog | Scoop.it
As consumers, do we care that this data is being collected? Is the benefit of receiving free services worth the price of our information? What should consumers do to make sure their data isn’t used in ways they don’t agree to? Perhaps consumers should expect companies to include them in their revenue-sharing. If they want to share in their data monetization, those collecting the data should ensure the data is protected and private, with full data-use transparency.

CYDigital/marteq.io's insight:

Curated by CYDigital: enabling Consumers to capture, share and profit from their data. https://cyd.digital #zeropartydata #dataprivacy

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B2C Marketing Predictions So Far: Preference And Privacy Prove Powerful - Forbes

B2C Marketing Predictions So Far: Preference And Privacy Prove Powerful - Forbes | The CYDigital Blog | Scoop.it
Our bet of increased interest in zero-party data is coming to fruition. Scott McNealy, cofounder of Sun Microsystems, wrote an op-ed in USA Today citing zero-party data as a solution to the toxic data ecosystem we’re in today. Our team has almost doubled the number of client questions on preference and zero-party data compared to 2017. And providers are stepping in to help. Zero-party platform Jebbit just got $12 million in its Series B round of funding. We’re not surprised, since customer-centric privacy programs, including access to better zero-party data, can drive a positive ROI.


Note: None of this can really happen unless the underlying tech better melds martech and customer experience (CX). As we predicted, every major marketing cloud has announced (or will soon) major upgrades to data management, profiles development, and intelligence layer systems, with capabilities similar to customer data platforms (CDPs) to help brands manage and activate customer data.
CYDigital/marteq.io's insight:

You can't have complete zero party data without complete consumer control, so any attempt by a marketing cloud provider will be incomplete...because they don't have access to all the data.

 

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Is selling your data for cash the new selling-your-plasma-for-cash? - The Hustle

Is selling your data for cash the new selling-your-plasma-for-cash? - The Hustle | The CYDigital Blog | Scoop.it
Most of us trade data for free services (Facebook, Google), and data exchanges aim to give people a way to sell that data instead. 

But since large companies have more data about us than we have about ourselves, it’s not really ours to sell — it’s Amazon’s.

Until consumers actually control their data, data exchanges will give companies a new way to buy data but raise privacy’s cost for consumers.
CYDigital/marteq.io's insight:

You can't sell it if you can't completely collect and control it.

 

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Self-sovereign ID key to data privacy - ComputerWeekly

Self-sovereign ID key to data privacy - ComputerWeekly | The CYDigital Blog | Scoop.it
In a world where it is possible to connect personally identifiable information (PII) from a wide variety of sources in many different ways, Dow said it is time to re-think how identity is managed.

“In the face of record data breaches, hacking and problems with centralised data, customers are more vulnerable than ever before,” she said, adding that an experiment has shown that even with the highest privacy setting on Facebook, downloading a pregnancy app results in being flooded with content related to motherhood.

“How organisations collect and process data to personalise services is going to make the difference between gaining trust, getting fined and even getting fired,” said Dow. “There is enormous responsibility in developing these systems.”

On the positive side, Dow said there are some “great new technology possibilities” that include things such as self-sovereign or self-manged identity and zero knowledge proofs. “There are opportunities for us to start changing the way the identity stack looks so that we can unlock [personal] data with greater trust,” she added.
CYDigital/marteq.io's insight:

That's only a portion of the larger equation. MIA: a means by which the Consumer can capture their data. 

 

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Why Cryptocurrencies Might Be Too Technical for Mainstream Facebook, Telegram Users - CryptoGlobe

Why Cryptocurrencies Might Be Too Technical for Mainstream Facebook, Telegram Users - CryptoGlobe | The CYDigital Blog | Scoop.it
Simply the process of copy and pasting lengthy alphanumeric strings, which represent cryptocurrency addresses, may seem too complicated or technical for people to understand. Because cryptocurrencies are meant to function as a medium-of-exchange (MoE), they should also be able to function effectively as a unit of account. However, this has been a challenge so far, partly because many cryptocurrencies such as bitcoin (BTC) use up to 8 decimal places to represent value.

Long decimal numbers that represent the value of cryptocurrencies, which is still currently estimated in fiat currencies such as the USD or British pound (GBP), can be confusing for many newcomers to understand. In fact, crypto transactions give “heart attacks” to people who’ve been in the blockchain space since it first started.

That’s because even when you send crypto from a best-in-class hardware wallet to a best-in-class hot wallet, there’s still some a UX lag at times which can be stressful - according to Ryan Selkis, the co-founder of Messari Crypto. Until cryptocurrency platforms become more user-friendly, mainstream adoption of cryptographic assets may not be possible.
CYDigital/marteq.io's insight:

Ask the mainstream user what a digital wallet is, and the majority will answer "huh?"

 

Curated by CYDigital: enabling Consumers to capture, share and profit from their data. https://cyd.digital. Follow this blog: https://www.scoop.it/t/the-cydigital-blog.

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