It is quite easy to answer in legal terms, tracking is about gathering, collecting, and linking together Personally Identifying Information. if you track my in

It is quite easy to answer in legal terms, tracking is about gathering, collecting, and linking together Personally Identifying Information. if you track my incognito sessions but what gather makes you unable to (statistically) associate me with my non-incognito sessions that is not tracking. incrementing a counter for the number of visits is not tracking, recording my mouse move patterns to a precision where you are able to identify me "biometrically" is tracking. it is not about what technology you are using it is about your data gathering is being used/can be used to populate a personally identifying profile about me (I admit that tracking is nebulous in one sense: suppose that I have recorded internet usage patterns of 20% of the population with complete and accurate data collection, using sophisticate AI models I am now able to identify your age/gender just by how you scroll a page, even without remembering anything about your session, I can calculate this on the fly. this is essentially what Cambridge Analytica did and it is nebulous "who" they were tracking, the original users or you?)