Every day there are new privacy scandals: too much data collected by web apps, sharing of data with third parties without consumer authorization, using your data for nefarious purposes or just plain old data breaches by some bored teenager. With so much going on in our businesses, what are we to do to keep up with all of this?
Although there are federal regulations governing consumer data privacy, individual U.S. states have decided to take matters to the next level by proposing even stricter privacy bills to protect consumers in their states.
Terms of Service is a great way to answer frequently asked customer questions and protect yourself from liability.
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.
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:
While technically you could write these policies yourself, we do not recommend that you do so. There are a lot of laws, cases, and legal opinions on how to write these policies correctly. If you have not spent years studying law and cases, it is very likely that the policy you write would be incomplete, incorrect, and non-compliant.
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.
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.
However, by doing so, you’d be committing copyright infringement, which could get you sued. Also, you don’t know whether that policy is compliant with the current laws and it won’t auto-update for you, meaning that you’ll have to keep track of the changes to the law which are increasing.
Working with us to generate a policy for you is much easier, less time-consuming, and safer.
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.
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.
The laws that are in place and that are proposed protect the citizens of that state, not the businesses. As you know, people from California aren’t just going to websites of businesses located in California, they go to websites all over the United States.
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