Are the new privacy policies and GDPR stressing you out?
SO WHAT IS THIS ALL ABOUT?
WHAT IS THIS NEW REQUIREMENT AND DOES IT APPLY TO ME?
WHAT SHOULD I DO TO MEET THESE REQUIREMENTS?
Your site will need to have the appropriate policy statement based on the unique setup and configuration of your website. Due to the highly specialized information, you will need to find an attorney that specializes in Online Privacy and GDPR compliance.
Steve Jobs once said, “Privacy means people know what they are signing up for.”
There has been a fundamental shift regarding the privacy of users which has sparked this new era of policy and privacy mandates
How do I know if I’m collecting personal information on my website?
You are collecting personal information on your website if you have a contact form that asks for the user’s name, email, or phone number. Also, you’re collecting personal information if you ask for the user’s email to sign them up for an email newsletter.
Do I need a disclaimer?
You need a Disclaimer if you do any of the following on your website:
Display or sell health products (e.g. vitamins and supplements);
Participate in affiliate programs (e.g. Amazon Affiliates);
Provide health and fitness advice or tips; or
Provide any information or tips that could be seen as legal advice.
If you do any of the above, the Disclaimer will help you provide required disclosures, participate in affiliate programs (some programs require you to have a Disclaimer to participate) and will reduce your liability in case something goes wrong.
Is my business too small or anyone to care about this?
Some of the laws that are being proposed or passed do not limit enforcement and liability to large companies only so your small business could be liable as well. Also, consumers do not distinguish between small and large businesses when it comes to protecting their privacy and are unlikely to buy from companies that do not respect their privacy.
CAn I write these policies myself?
Can I Use a template?
Using a template that you found online is definitely tempting, especially since there are so many free ones out there. However, when you use a template, you can’t be sure who wrote it so you don’t know whether it’s correct or even compliant with the legal requirements. Also, a template does not automatically update, meaning that you’ll have to keep track of all of the constantly changing laws, which I’m going to guess is something that you don’t have time for. It’s best to use a proven policy generator such as Termageddon because their work is great and they automatically update the policies for you.
Why do I need Terms of Service?
Terms of Service is a great way to answer frequently asked customer questions and protect yourself from liability. Terms of Service provide the following:
If you sell products and services, it provides information on refunds, order cancellations, and returns. This will help answer customer questions and will take them further down the path to actually buying;
It will protect your intellectual property by making sure that everyone who goes onto your website knows that your logo, name, etc. are yours; and
If you have links to third-party sites on your website (e.g. social media links), it will help protect you in case the user gets a virus from that third-party site.
Do I need an End User License Agreement?
You need an End User License Agreement if you are licensing software that a user can download. An End User License Agreement will help you with the following:
Limit your liability in case a user gets a virus or is otherwise injured by using your software;
Help protect your income stream by making it clear that the software license may not be shared with others; and
Protect your intellectual property by making sure that the user knows that he or she is not allowed to reverse engineer or otherwise copy your software.
Can I ask my attorney to write these for me?
If you have a data privacy attorney on staff, you should definitely ask him or her to write this up for you. Just as a heads up, if you want to ask your outside attorney to draft these for you, that’s a great idea but it may be a bit pricey. Also, lawyers that do not work in the privacy field often use Termageddon as the solution for their Privacy Policies so that’s something to think about as well.
why is the service a recurring fee?