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Marketing

Attentive

MarketingOfficial website

Attentive is a US text message and email marketing platform built for ecommerce, with subscriber acquisition popups, journey automation, two way SMS conversations and AI generated copy.

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Overview

What does Attentive do?

Attentive is a leading US text message and email marketing platform built for direct to consumer brands. It combines subscriber acquisition popups, multi step journeys, two way SMS conversations, AI generated copy, segment management and a conversion API for server side tracking. Many European retailers consider Attentive when they expand into the US market, even though SMS marketing rules in the EU are stricter than in the US.

What Attentive does

Attentive injects a JavaScript snippet that renders subscriber capture popups (mobile keypad with auto consent text, two tap signup on iOS, multi step modals on desktop). When the visitor opts in, their phone number, email and the metadata of the trigger are sent to Attentive. The platform then sends SMS and email campaigns via its sending infrastructure and tracks delivery, click, replies, and conversions.

Cookies and data collected

Attentive sets first party cookies on the merchant domain (atid, atvid, _attn_session) used to identify the visitor and bind events to a subscriber profile. It collects the IP, user agent, referrer, URL, the phone number and email if provided, and behavioural events such as add to cart and order placed via the Shopify or Magento integration. Conversion data flow back via Attentive's Conversion API.

GDPR and ePrivacy implications

SMS marketing requires prior, freely given, specific, informed and unambiguous consent under Article 13 ePrivacy and national rules such as French Article L34-5 CPCE and German UWG. The opt in flow must be evidenced (timestamp, IP, source page). The Attentive tag also writes non strictly necessary cookies, so Article 5(3) consent applies. Attentive acts as a processor for the marketing automation and as an independent controller for product improvement.

Data transfers to the United States

Attentive is hosted on AWS in the United States. Subscriber data, message content and behavioural events are transferred to the US. Transfers rely on the EU-US Data Privacy Framework (Attentive is certified) and on Standard Contractual Clauses for any subprocessor outside the DPF. Document the chain in your record of processing activities.

How to deploy it compliantly

Sign the DPA, configure double opt in for SMS in countries where it is the de facto standard (France, Germany, Austria, Spain), gate the Attentive tag behind consent, set a clear retention period for inactive subscribers, and make unsubscribe (STOP keyword) accessible in every message. Disclose Attentive in your privacy notice and in your SMS consent text.

Compliance

Attentive and the GDPR

Attentive is classified as “Marketing”. On a site that targets European visitors, it must only load after the visitor consents, and it must be listed in your cookie policy.

Legal basis
Consent (Art. 6(1)(a) GDPR) for marketing messages and tracking, contract performance (Art. 6(1)(b)) for transactional messages
Risk level
high
Applicable regulations
GDPR, ePrivacy Directive, French Code de la consommation L34-5 CPCE, German UWG, TCPA (US)

Impact assessment (DPIA)

A DPIA is recommended on EU consumer journeys. Attentive combines phone numbers, email, behavioural events, identifier resolution and AI generated message variants. Document the opt in flow (double opt in for SMS in France and Germany), the retention period, the US transfer mechanism, and the recipient categories.

Sample text for your banner

We use Attentive to send marketing SMS and emails and to power the subscribe popup on this site. Attentive sets cookies and transfers your phone, email and browsing data to its servers in the United States. We only enable it after you accept the marketing category in our cookie banner, and we obtain a separate opt in for SMS marketing.
Cookies and trackers

What Attentive sets and contacts

Tracking method
JavaScript tag with first party cookies, identifier sync with email and phone, conversion API server side and SMS / email marketing automation
Server location
United States (AWS us-east-1) with optional EU residency for enterprise customers
Data transferred outside the EU
Attentive is a US company hosted on AWS in the United States. Subscriber phone numbers, email addresses, behavioural events and SMS conversation logs are transferred to the US. Transfers rely on the EU-US Data Privacy Framework (Attentive certified) and on Standard Contractual Clauses for non DPF transfers.

Cookies set (4)

NameTypeDurationPurpose
atidhttp_cookie1 yearPersistent Attentive visitor identifier stored on the merchant domain, used to bind events to a subscriber profile.
atvidhttp_cookie1 yearVisitor identifier used by Attentive for cross device matching after a successful opt in.
_attn_sessionhttp_cookieSessionSession identifier used to deduplicate page views and popup impressions within a single visit.
_attn_creative_statehttp_cookie30 daysStores which popups have been shown or dismissed so the visitor is not re prompted.

Third-party domains contacted (4)

  • cdn.attn.tv
  • events.attn.tv
  • attn.tv
  • app.attentivemobile.com
Questions

Frequently asked questions about Attentive

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What cookies does Attentive set?

Attentive sets first party cookies on the merchant domain to identify the visitor (atid, atvid, _attn_session) and to track popup state. Subprocessors loaded by the Attentive tag may set additional analytics cookies.

Does Attentive require GDPR consent?

Yes for both the tag and the marketing messages. The website cookies are not strictly necessary, so Article 5(3) ePrivacy requires consent. SMS and email marketing require a separate prior opt in under Article 13 ePrivacy and the corresponding national rules.

What is the legal basis for processing?

Consent under Article 6(1)(a) GDPR for marketing messages and tracking. Contract performance under Article 6(1)(b) for purely transactional messages tied to an order. Document the opt in evidence (timestamp, IP, source page).

Are data transferred outside the EU?

Yes. Attentive is hosted on AWS in the United States. Subscriber data, messages and behavioural events are transferred to the US. Transfers rely on the EU-US Data Privacy Framework and on SCCs for non DPF subprocessors.

Do I need a DPIA?

A DPIA is recommended at scale. Attentive combines marketing, behavioural profiling, AI generated content, and a US transfer. Several criteria of the EDPB DPIA guidelines apply: large scale, monitoring of behaviour, automated decision making for segmentation.

How do I implement Attentive compliantly?

Use double opt in for SMS in Germany, France, Austria and Spain. Configure clear unsubscribe (STOP keyword, one click email footer). Gate the JavaScript tag behind consent in your CMP. Document Attentive in your privacy notice. Sign the DPA and retain the subprocessor list.

Are there alternatives to Attentive?

Alternatives include Klaviyo, Sendinblue (Brevo, EU), ActiveCampaign, Iterable, Yotpo SMS, Postscript, Emarsys, and Mapp Cloud. Brevo and Emarsys can host data in the EU. Choose based on geography, SMS originator licensing, and CRM integration.

How do I update my cookie policy for Attentive?

Add an Attentive entry covering the atid, atvid and _attn_session cookies with their lifetime and purpose. Mention the US transfer mechanism, the role of Attentive as processor for marketing and as independent controller for product improvement, and link to the Attentive privacy notice.

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