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What is a Website Privacy Policy?
A website privacy policy is a legal statement about how a company collects and handles data it connects from site visitors.
Having a privacy policy for your website demonstrates how your company respects its customers and users.
You are legally obligated to have a website privacy policy if your site collects personal data, such as an e-commerce site. Consumers and users alike have a right to know that their information is protected,
Privacy policies are also used for blogs, web applications, mobile applications, and desktop applications.
Here is an article that provides a definition and overview of privacy policies.
What Should Be Included in a Website Privacy Policy?
The details to include in a privacy policy vary based on your geographic region and company’s industry. For example, in California, all companies that collect personal data from their website visitors must comply with the California Online Privacy Protection Act (CaliOPPA).
At the most basic level, there are seven key elements to a privacy policy you should always include:
- Identifying information: Establish whom the privacy policy represents, including the name of your company, the website URL, and business address.
- Details of data you collect: Describe what types of data you collect from your website visitors, such as their names, addresses, email addresses, social media account handles, credit card information, and IP address. Any and all personal data the site collects should be included in the policy in clear terms.
- How data is stored and protected: Privacy policy laws require companies to protect their customers’ data. Therefore, you should ensure that your storage measures safeguard customers’ data from being leaked, stolen, or accessed by unauthorized parties. Computer safeguards, passwords, firewalls, data encryption, and secured access are all examples of good data protection.
- Third parties: If your visitors’ data is going to be shared with any third parties, such as marketing agencies, then you must specify who these parties are and how they will access, store, and handle the data.
- The reason for collecting data: What is the purpose for collecting your site visitors’ data? Do you use it for marketing purposes, to improve site performance, or something else? Make sure you provide a valid reason for storing anyone’s personal information.
- Methods of data collection: Your website privacy policy must include your methods of online data collection, including tracking cookies, surveys, mailing lists, and order placement.
- Opt-out clauses: You should always provide users with the ability to request a copy of their data, opt out of data collection, and remove any of their data from your website’s archive.
Here is an article with more information on what details you should include in a website privacy policy.
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Do I need a Privacy Policy For My Website?
If your website collects visitors' personal data, you need a privacy policy. All websites collect user data in one way or another. Hence, every website needs to have some type of privacy policy.
Users may or may not want to have their personal information collected, so having a privacy policy allows them to make an educated decision when using your website.
The exact details you need to include in your privacy policy are affected by:
- Your industry
- Your location
- Your jurisdiction
The governing law of your privacy policy also affects what details you need to include. For example, you may have visitors from Europe. Still, if your business’s headquarters are in America, then the governing law would be the United States of America and your particular state.
Many third-party apps, such as Google, also mandate websites to have security policies. Without a privacy policy and privacy agreement, you won’t be allowed to use tools like Google Analytics.
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How Do I Write a Privacy Policy for My Website?
If you are researching how to write a privacy policy, you’ve come to the right place. ContractsCounsel provides comprehensive guides on what to include in a privacy policy, including terms and conditions and elements of an exemplary user agreement.
You can also look for free privacy policy templates online, then modify them to suit your company’s needs.
After writing your privacy policy or editing a template, you can send it to a lawyer for review. Of course, having an attorney review any legal documents you write yourself is always a good idea.
Without legal review, you may unintentionally omit certain details that put your company at risk.
Here is an article on how to write a privacy policy in 6 steps.
How Much Does It Cost to Get a Privacy Policy for My Website?
Privacy policies can be free if you find online templates or write yours. However, if you decide to work with a contracts lawyer, the average privacy policy cost is $370.83.
Using ContractCounsel’s marketplace, you can search for contract attorneys in your state and easily compare their rates to suit your budget and the scope of your needs.
Privacy policies that require more comprehensive details may cost more than the average price. It is important to ensure your privacy policy covers all legal requirements and protects your audience’s data.
Here is an article with more details on the average privacy policy cost.
Risks of Not Having a Privacy Policy on My Website
Choosing not to use a privacy policy can result in hefty penalties, including severe fines, lawsuits, and even having your site taken down.
Your website privacy policy is part of larger user agreements, like an end user license agreement (EULA). Without it, you run the risk of violating regulations in your industry or jurisdiction,
In addition to legal consequences, another major risk of not having a website privacy policy is a loss of customer trust.
In today’s highly digital age, customers are fully aware that their data is always being collected in some form or another. This means that they are more suspicious of websites that don’t have privacy policies in place.
Finding out that you’ve collected and used personal data without their consent, they will not be willing to do business with you in the future. Some may even take legal action against your company for violating their right to privacy online.
To respect your customers, keep their trust, and protect your business, having a privacy policy is a non-negotiable part of running a modern business. It will also give customers the peace of mind they deserve when they do business with you.
Here is an article about why all websites need a privacy policy.
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Meet some of our Website Privacy Policy Lawyers
Stacey D.
I enjoy helping businesses of all sizes succeed, from start-ups to existing small and medium sized businesses. I regularly advise corporate clients on a variety of legal issues including formation, day to day governance, reviewing and drafting business contracts and other agreements, business acquisitions and sales, as well as commercial and residential real estate issues, including sales, purchases and leases. As an attorney licensed in both Michigan and Florida, I also advise clients on real estate issues affecting businesses and individuals owning real property in either state, whether commercial, residential or vacation/investment property. I also regularly assist nonprofit organizations in obtaining and maintaining tax exempt status, and provide general legal counsel on all matters affecting public charities, private foundations and other nonprofit organizations.
Pura R.
Pura Rodriguez, JD, MBA is the President and Managing Partner of A Physician’s Firm, based in Miami. She represents healthcare providers from different specialties in a broad range of issues, including contract review, business planning and transactions, mergers and acquisitions, vendor and contract disputes, risk management, fraud and abuse compliance (Anti-Kickback Statute and Stark), HIPAA compliance, medical staff credentialing, employment law, and federal and state regulations. She also assists providers in planning their estates, protecting their assets, and work visa requirements.
Eric M.
Experienced and business-oriented attorney with a great depth of contract experience including vendor contracts, service contracts, employment, licenses, operating agreements and other corporate compliance documents.
September 10, 2020
Jaclyn I.
Jaclyn is an experienced intellectual property and transactional attorney residing and working in NYC, and serving clients throughout the United States and internationally. She brings a targeted breadth of knowledge in intellectual property law, having years of experience working within the media, theater, PR and communications industries, and having represented clients in the music, entertainment, fashion, event production, digital media, tech, food/beverage, consumer goods, and beauty industries. She is an expert in trademark, copyright, and complex media and entertainment law matters. Jaclyn also taught as an Adjunct Professor at Cardozo School of Law, having developed and instructed the school’s first Trademark Practicum course for international students. In her spare time, Jaclyn’s passion for theater and love for NYC keeps her exploring the boundless creativity in the world’s greatest city!
July 22, 2020
Yoko T.
A bilingual attorney graduated from J.D. with a C.P.A. license, an M.B.A. degree, and nearly ten years of experience in the cross-border tax field.
July 21, 2020
Chester A.
With over 24 years of practice, Chet uses his vast experiences to assist his clients in the most efficient manner possible. Chet is a magna cum laude graduate of University of Miami School of Law with an extensive background in Business Law, Commercial Real Estate, Corporate Law, Leasing Law and Telecommunications Law. Chet's prior experience includes 5 years at two of the top law firms in Georgia and 16 years of operating his own private practice.
July 21, 2020
Steven C.
Steve Clark has been practicing law in DFW since 1980. He is licensed in both Texas and Louisiana state and federal courts. He concentrates his practice on business clients and their needs. He has been a SuperLawyer in Texas since 2011, and is Lead Counsel rated in Business Law. He is also a Bet the Company litigator in Texas.
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