Bryan Cohen Nov. 22, 2013, 7:28pm

TRENTON, N.J. (Legal Newsline) - New Jersey Acting Attorney General John Hoffman announced a settlement Thursday with a Tennessee-based data analytics company that allegedly used software to track websites visited by consumers without their consent or knowledge.

Dataium, a company serving the automotive industry, allegedly used JavaScript code to track websites visited by consumers without their knowledge, a practice known as history sniffing. Dataium also allegedly sold the personally identifying information of consumers to a third-party data company called Acxiom without providing notice to the consumers.

"Whether New Jersey citizens are surfing the Web or off-line, they have a right to privacy," Hoffman said. "They also have a right to feel confident their personal identifying information is not being sold without their knowledge or consent. The internet and sophisticated data collection technology are important tools, but they also can be used to take advantage of consumers. We will not allow that. We remain committed to protecting the privacy of consumers, and to holding accountable anyone whose data-collection efforts threaten that privacy."

Under the terms of the settlement, Dataium agreed to a $400,000 payment to the state, with $301,000 worth of the balance suspended as long as Dataium honors all terms of the agreement. Dataium is also required to create a privacy program meant to protect consumers and to post a page or pages within its website to inform the public about what consumer information it collects and what it does with that information.

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