A privacy policy is a legal statement from a company in a terms and conditions user agreement that explains how it manages users’ data, such as:
- How it collects user data
- How it handles user data
- How it processes user data
- How it protects its users’ data
In today’s digital-centric era, most mobile applications, desktop applications, and web applications collect customers’ data for analytics and marketing purposes.
The privacy policy agreement shows how your business respects customers’ right to privacy and offers assurance that you will always handle their data in compliance with the law.
In industries like e-commerce, customers share personal information that could jeopardize their financial and personal security if leaked. Even blogs should include a terms and conditions page about how the site they’re hosted on collects and processes readers’ data.
In this guide, you can learn how to write a privacy policy by reviewing 9 things always to include. If you have further questions, such as the average privacy policy cost, you can use Contracts Counsel to connect with an attorney near you
1. Identify the Site or App Owner
The privacy agreement should begin with the clear identification of the site or app owner. If this is an individual, then their first and last legal names, along with the names of the site and app, should be clearly stated.
A company can use its name if it is a legally registered business entity. However, individuals running sites or apps must include their name if they do not have a DBA (doing business as) or are otherwise registered as a business in their state or province.
Here is an article about the basics of a privacy policy.
2. Effective Date of the Policy
List what date the policy takes effect. In privacy law, this is the date that the terms of the privacy policy are legally enforceable. Legal enforceability means a court of law can impose a contract, and any contract violations can result in legal penalties.
Enforceability is an integral part of any user agreement ; it ensures that all parties are in mutual understanding of the terms and conditions, as well as any obligations they agree to by assenting to the contract.
Here is an article where you can learn more about the effective date in a privacy policy.
3. Customer Data Collected
Data collection is an enormous concern for customers today. Breaches and cyberattacks can result in personal data losses, financial ruin, and even identity theft.
To build trust and demonstrate respect, a company can outline how data is collected and what type of data the company collects.
It is important to note that the data you collect and how you collect it will have limitations based on your location. Legal obligations regarding digital data collection companies must follow to avoid breaking the law. These include:
- The Federal Trade Commission Act
- The Computer Fraud and Abuse Act
- The Electronic Communications Privacy Act
- The Fair and Accurate Credit Transactions Act
Furthermore, states often have guidelines safeguarding internet users’ privacy. For example, the California Consumer Privacy Act (CCPA) is often used nationwide as a template for companies’ privacy policies.
Here is an article about the CCPA and user rights.
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4. How the Data Is Used
A company should clearly state how it uses the data it collects from its customers. For example, will this data be used for personalized advertising, marketing, or other uses?
Common uses for customer data are:
- Improving products or services
- Improving customer experience through behavioral data analysis
- Refining a marketing strategy
- Securing personal data by learning to capture and recognize specific users’ input
Data use varies widely by industry and organization. However, every privacy policy should explain exactly how you will use customers’ data and for what purposes.
Here is an article that explores how businesses use data in various contexts.
5. Data Storage and Protection
Will consumer data be cloud-hosted or hosted locally? What protective measures are in place to protect their personal information from theft? A company must protect the following user information from third parties:
- Names
- Email addresses
- Passwords
- Location
- Uploaded media
Safeguarding this information is a vital part of customer assurance. It also influences how compliant a company is with specific privacy laws.
Even elements like data portability and the ability to move data from one application or hosting site to another are important considerations.
Here is an article that gives an example of a privacy policy that adheres to the European GDPR.
See Privacy Policy Pricing by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
6. Tracking Tools
Specify what tracking tools your product, website, or application uses to record and collect users’ data. Standard tracking tools include:
- Adobe Analytics
- Google Analytics
- Clicky
- Facebook Conversion Pixels
- Hotjar
- Unique identifier IDs (IDFAs)
Although web trackers are legal, businesses must follow limitations and regulations. Furthermore, consumers should always be fully aware of how a company intends to collect their data and what type of data each tracking tool collects.
Here is an article that explores how to track website users legally.
7. Third-Party Access
Many businesses share their users’ data with third parties. In this case, the privacy policy should explain how other parties will access customers’ data.
Companies can also use this privacy policy portion to assure users that they will never rent, sell, share, or otherwise distribute their personal data to third parties.
Here is an article about third-party access in privacy policies under the GDPR and CCPA regulations.
8. Opt-Out Clause
An opt-out clause gives users the right to withdraw or remove their information from the company’s data collection processes.
For example, a user may unsubscribe from a company’s mailing list or wish to opt out of sharing their usage data with an app developer.
Opt-out is also known as “consent withdrawal.” This is because it protects the user’s data by giving them complete freedom and control over what information they share.
Opt-out clauses are legally required in most situations. For example, the CAN-SPAM Act of 2003 requires all businesses and individuals that send commercial emails in the United States to offer an unsubscribe option to their recipients.
Here is an article that explores opt-ins and opt-outs in privacy policies further.
9. Description of Process for Changes and Updates to the Policy
You can close a privacy policy with a description of how you will modify or update it in the future. This includes how you will notify users of any changes to the policy. Users will need to consent to new privacy policies for their user agreement to stay valid.
Most companies have periodic reviews of their privacy policy to ensure it always offers the greatest protection to their consumers. However, keeping copies of all previous privacy policies and a detailed record of their updates is advisable.
Here is an article that explores when and how you should update your privacy policy, as well as how to notify users.
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