Website Terms of Service and Privacy Policy
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What are Website Terms of Service (ToS) and Privacy Policies?
Website terms of service (ToS) and privacy policies are legal agreements between a company and its users that outline the rights and responsibilities of each party. They are typically accessible on a business's website, linked in the footer, and are important legal documents.
Terms of Service agreements establish the terms and conditions users must accept to use a website, online application, or service provided by a business. These agreements typically establish terms for user responsibilities, payments, content ownership, data use, limitation of liability, termination, and IP rights.
Privacy policies are legal documents that outline how a service provider collects, stores, protects, and uses personal information provided by its users. It will address other issues like cookies and tracking technology, data sharing, and user rights as well.
Both legal documents are critical for any business that provides services online since they establish trust with their user base. It is also important to make sure these documents are up-to-date on current online laws and regulations.
Why Do Websites Need Them?
Websites need these legal agreements to establish trust with their user base, protect their business from legal liability, and comply with laws and regulations.
- Establish user trust and expectations. Having a well-drafted ToS and privacy statement will establish immediate trust with users of your service. The ToS will set clear guidelines on how users can access and use your website or service and the privacy policy will reinforce the steps you are taking to protect their data. The absence of these documents will be a red flag to many online users.
- Protection from legal liability. It is important to have these legal documents on your website to protect your business against legal liability. ToS will often have a limitation of liability section to protect against things like data loss, service outages, and user-generated content (UGC). Having a compliant privacy policy will also protect against non-compliance with data protection laws.
- Compliance with laws and regulations. Global privacy laws are dynamic and often changing. Laws such as the General Data Protection Regulation (GDPR) in the European Union and the California Consumer Privacy Act (CCPA) in the US mandate websites inform users of their rights and the website's data practices. Having well-draft website agreements will make sure you comply with these laws.
Importance of Terms of Service Agreements
Terms of service agreements are important because they protect a business from legal liability, set guidelines for how users can access and use their website or service, addresses intellectual property rights, and establish trust with their user base.
Legal Protection
ToS agreements typically have language that protect the business from legal claims by limiting liability for different issues that may arise. For example, the agreement may set limits on liability for data loss or service outages that can protect the business if these occur.
Another feature of a ToS is to define the legal responsibilities of its users. This may serve to prevent lawsuits that could arise from a user misusing the service.
User Conduct Guidelines
The terms of service will establish rules for user conduct, which can also help protect the business. For example, the ToS may prohibit actions like hacking, harassment, spamming, or other illegal activities. This may reduce these activities on the platform, which will create a better service and protect the business from issues.
Intellectual Property Rights
The terms of service will normally address intellectual property rights by clarifying ownership of things such as logo, content, software code, and branding. This will restrict users from using this type of IP.
User-generated content (UGC) is also a growing feature of many websites, so the ToS will address this and clarify who owns the UGC.
Trust with User Base
Outside of legal protections, having a professionally drafted terms of service agreement will immediately establish trust with a company's user base. If a company does not have a ToS available on their website or has a poorly written agreement, users may assume the service provider is a scam and avoid using the service.
Key Terms in a Terms of Service
Terms of service agreements typically include the following terms:
- Introductory section. Introduces the company and explains how the terms may change.
- User guidelines. Outlines rules and obligations for users of the website or service.
- Intellectual property rights. This section covers IP rights, addressing the company's IP and content, as well as any user-generated content.
- Limitation of Liability A section that says the company is not liable for any damages resulting from users accessing their services.
- Termination clause. Outlines how the company can terminate their relationship with a user, and what that process looks like.
- Dispute resolution. This section states how a user and the company can resolve a dispute, including the process and the venue.
- Contact information. This section will provide contact information for the company and how users can get in touch with them.
- Payments. If the service provider collects payments, this section will address that process and how it works.
- Refund policy. If the service collects payments, it will likely address how it handles refund requests from users.
Note, depending on the service, there may be other clauses included in the terms of service agreement. The above are common sections you will find.
When Should You Update Your TOS?
Updating your terms of service agreement is important and routine. Given online businesses are often changing their service and testing or adding new products based on user feedback, you will need to make sure your Terms of Service stays up to date.
Another reason to update your terms of service may deal with the changing landscape of online laws and regulations. For example, if a new regulation is passed, a business may be forced to update their terms of service to comply.
We have written a separate article on when to update your terms of service and when to update your privacy policy.
Importance of Privacy Policies
A privacy policy is a critical website agreement for businesses that collect personal information and data from its users. The company has an obligation to its users to explain how the business collects, protects, stores, and uses this data. Not only is it legally required in new privacy laws, but it also creates trust from your users that you're taking the right steps to protect their data.
Businesses also need to comply with new laws like the GDPR and CCPA, which require their Privacy Policies to address and disclose specific data collection practices and user rights.
Are Privacy Policies Legally Required?
Privacy policies are legally required in many jurisdictions if you collect, process, and store personal data from your users. These laws were set up to:
- Protect individual privacy and data rights
- Ensure transparency in data collection and use
- Comply with data privacy laws
- Prevent data misuse and promote accountability
The General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA) are two notable privacy laws that are relatively new.
- GDPR. The GDPR requires companies that collect and process personal data from individuals in the EU to have a privacy policy. It does not matter where the company is based. If the company works with users in the EU (which most online businesses can), then it is required to have a GDPR-compliant privacy policy.
- CCPA. Under the CCPA, if companies collect personal data from California residents, they are required to have a privacy policy that informs users the companies data practice and their user rights. Given most US business have scope to service California residents, they need to have a privacy policy that complies with the CCPA.
How to Make Your Privacy Policy GDPR and CCPA Compliant
Making your privacy statement compliant with the GDPR and CCPA is important. Businesses must review each of these laws and adhere to their requirements.
The best way to make your privacy policy compliant for both laws is to hire a privacy lawyer to review and update your current privacy policy, or draft a new one. There are also services online that allow you to download templates that are compliant.
Here is an article on the CCPA vs GDPR for more information.
Key Sections of a Privacy Policy Statement
A privacy policy should include the following sections:
- Information collected. Outline a list of the type of information that is collected from users.
- Reasons for collecting data. The company should provide the reasons for collecting the type of data it does from users.
- Data usage. This section should outline how the company uses the collected data.
- Storage. This section should outline how and where the data is stored.
- Security. This section should outline the security measures the company takes to protect the data it collects.
- Data retention policies. This section should outline how long the company stores the data and how it is securely wiped in the future.
- Opt-out procedure. This section should outline if a user can opt-out and what procedure they need to take.
- Contact information. This section should give contact information to users related to privacy inquiries.
If you want to see an example privacy policy, feel free to visit most websites and find a link to it in their footer.
Drafting a User-Friendly Website Terms of Service and Privacy Policy
Drafting a user-friendly ToS and privacy policy disclaimer is important because your users need to clearly understand your legal terms and policies. Having overly complicated agreements full of legalese may intimidate users and cause them to disengage with your service.
Below are some tips:
- Use plain English and not overly technical legalese
- Be transparent about data privacy policies
- Make the agreements easy to navigate by adding a linked table of contents
- Bold and highlight key points you want the users to see
- Keep it short but thorough
- Update your agreements regularly
Best Practice for Displaying on Your Website
Displaying your terms of service and privacy policy on your website is critical to establish user trust. Most users look in a website's footer to find links to these agreements.
We recommend making each agreement a separate web page that has a clean design and is easy to navigate. Add a linked table of content at the top or the side of each agreement so users can easily find and review different sections of the web page.
We would also recommend adding the date at the top of each agreement for when it was last updated, so users can see that you are actively keeping your agreements up-to-date.
Lastly, make sure these web pages are mobile friendly since many users engage with websites from their cell phones.
Common Mistakes to Avoid
Given your website agreements can create trust between your user base, it is important to make sure you do not make mistakes. Many businesses do not speak to all their website users, so getting these documents right will lead to more user engagement with your website and service.
Below are some common mistakes to avoid:
- Failing to customize to your business. Many business owners may find templates online since it is a cheaper solution than hiring a lawyer. As a result, businesses can publish website agreements that do not fit their business and leave them open to legal liability. We recommend investing in custom drafted agreements by hiring a technology lawyer that routinely works on these agreements. They will customize the terms to make sure they apply to your service or website.
- Overly complicated legal language. Overly complicated legalese can turn users off quickly, which may lead them to leave your website or not sign up for your service. Make sure the language is clear and user-friendly to attract more engagement.
- Ignoring privacy laws. Publishing agreements on your website that do not comply with privacy laws can open you up to legal liability or issues with regulators. There are penalties for non-compliance that can threaten your business.
- Omitting key information. Leaving out key information, like data practices, payment terms, and refund policies, can create issues for your business operations and open you up to legal liability. Make sure your ToS and privacy policy address everything needed.
- Vague language about user responsibilities. Being clear with users about their responsibilities is important and will protect you from legal liability and improve your service.
- Failing to update routinely. Given business models and privacy laws are constantly changing, make sure you are routinely updating your agreements to make sure you are legally protected.
- Not disclosing data sharing. If you share personal data of users with third parties, this needs to be clearly stated to avoid legal and reputational risk.
Frequently Asked Questions
Am I legally required to have a terms of service agreement?
No. You are not legally required to have a ToS on your website. However, it is recommended since this document will set the terms between your business and your users. Not having a ToS can open you up to legal liability.
How do users agree to terms of service and privacy policies?
Users can agree to your website agreement simply by opting in to use the service. This can be written in your website agreements.
Other ways you can have users agree is by allowing them to check a box to agree to your ToS and privacy policy when they sign up.
Do I need a privacy policy if I don't collect personal data?
If you do not collect personal information, you may not be legally required to have a privacy policy. However, we recommend stating on your website that you do not collect personal information.
Can I share user data with third parties?
Yes, but you need to disclose this in your privacy policy and explain who you are sharing with, why you are sharing it, and inform users of their rights regarding data sharing.
Do I need to notify users if I updated my ToS or privacy policy?
Yes. You should update your users when you update your agreements, especially if you make changes to user rights or data practices.
Conclusion
Having a well-drafted terms of service agreement and privacy policy is important in keeping your business protected and establishing user trust. Given most businesses now have an online presence, these documents are critical.
If you need help from an expert technology lawyer, feel free to post a job to receive competitive quotes to draft these website agreements. Posting is free and will save you time.
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Meet some of our Website Terms of Service and Privacy Policy Lawyers
Michael M.
www.linkedin/in/michaelbmiller I am an experienced contracts professional having practiced nearly 3 decades in the areas of corporate, mergers and acquisitions, technology, start-up, intellectual property, real estate, employment law as well as informal dispute resolution. I enjoy providing a cost effective, high quality, timely solution with patience and empathy regarding client needs. I graduated from NYU Law School and attended Rutgers College and the London School of Economics as an undergraduate. I have worked at top Wall Street firms, top regional firms and have long term experience in my own practice. I would welcome the opportunity to be of service to you as a trusted fiduciary. In 2022 and 2023, I was the top ranked attorney on the Contract Counsel site based upon number of clients, quality of work and number of 5 Star reviews.
"I engaged Attorney Michael Miller to review my business's terms and privacy statement, and I'm thrilled with his professional and expert approach. Attorney Miller demonstrated deep legal knowledge, leaving no detail unexamined. His clear communication helped me understand complex legal concepts. Michael's responsiveness and timeliness were exceptional, making the collaboration seamless. I highly recommend him for a meticulous and thorough review of terms and privacy statements."
Steven S.
Steven Stark has more than 35 years of experience in business and commercial law representing start-ups as well as large and small companies spanning a wide variety of industries. Steven has provided winning strategies, valuable advice, and highly effective counsel on legal issues in the areas of Business Entity Formation and Organization, Drafting Key Business Contracts, Trademark and Copyright Registration, Independent Contractor Relationships, and Website Compliance, including Terms and Privacy Policies. Steven has also served as General Counsel for companies providing software development, financial services, digital marketing, and eCommerce platforms. Steven’s tactical business and client focused approach to drafting contracts, polices and corporate documents results in favorable outcomes at a fraction of the typical legal cost to his clients. Steven received his Juris Doctor degree at New York Law School and his Bachelor of Business Administration degree at Hofstra University.
"Steve was amazing to work with. Work was completed and delivered quickly with great attention to detail. I would definitely recommend Steve for any legal issues or advice."
Jason H.
Jason has been providing legal insight and business expertise since 2001. He is admitted to both the Virginia Bar and the Texas State Bar, and also proud of his membership to the Fellowship of Ministers and Churches. Having served many people, companies and organizations with legal and business needs, his peers and clients know him to be a high-performing and skilled attorney who genuinely cares about his clients. In addition to being a trusted legal advisor, he is a keen business advisor for executive leadership and senior leadership teams on corporate legal and regulatory matters. His personal mission is to take a genuine interest in his clients, and serve as a primary resource to them.
"Jason has been excellent on communication with the Cell Tower Company, and getting Us what we have decided to settle on, still under negotiations process. Would highly recommend for any legal needs not just cell tower projects.."
Justin K.
I have been practicing law exclusively in the areas of business and real estate transactions since joining the profession in 2003. I began my career in the Corporate/Finance department of Sidley's Los Angeles office. I am presently a solo practitioner/freelancer, and service both business- and attorney-clients in those roles.
"Justin was great to work with, we hope to work with him again in future."
Meghan P.
I am a licensed attorney and a member of the California Bar. I graduated from the University of Dayton School of Law's Program in Law and Technology. I love IP, tech transfers, licensing, and how the internet and developing technology is changing the legal landscape. I've interned at both corporations and boutique firms, and I've taken extensive specialized classes in intellectual property and technology law.
"Meghan was great to work with! She understood everything perfectly and delivered greatly."
Namrita N.
Retired Dentist transitioned to Law, with a special interest in Commercial Real Estate, Startup businesses, Asset Purchase Agreements, and Employment Contracts. I love to help dentists and physicians with legal issues pertaining to licensing, credentialing, employment, and general business-legal questions.
"Dr Notani is a top lawyer. We very much appreciate her attentiveness and expertise."
Jim S.
Jim Slattery most recently served as General Counsel at Regional News Network, a large owner of broadcast television stations. Jim is an experienced attorney with broad-based expertise. He is a seasoned negotiator who has been involved in negotiations as complex as the Olympic Games. Jim spent 18 years as Vice President for Business and Legal Affairs at NBCUniversal. Previously, Jim worked in the media industry in various roles at All American Television. Jim’s success can be attributed to his ability to properly analyze data, manage projects, lead teams, develop creative solutions for complex problems, focus on strategically optimizing assets, manage/allocate risk and collaborate with divergent constituent groups to achieve objectives. Jim received a J.D. and a B.B.A. from the University of Notre Dame.
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Browse Lawyers NowLawyer Reviews for Website Terms of Service and Privacy Policy Projects
Flat-Fee Review of Privacy Policy & Terms of Service for App Launch
"Allen is absolutely awesome! Very responsive, thorough, and helpful. He was super patient with the changes my team uncovered/introduced during our engagement. Strongly recommend!"
Reply From Allen L.
Thank you so much for the kind words -- it was a pleasure working through the privacy policy and terms of service with you and your team, especially as things evolved along the way. Wishing you a successful launch. Allen
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"Dolan was fair, precise, and extremely helpful in ensuring my company was truly protected. He gave a genuinely thorough line-by-line review, caught things I hadn't thought to ask about, and was willing to work with me on scope and price. Highly recommend."
Review ToS, Subscription, and Privacy Policy for New Business
"Work was quick, accurate and exactly what was needed. I'd recommend Dolan to anybody. Great work!"
BF Terms of Service & Privacy Policy Review
"Incredible experience. Faryal delivered exactly what we needed to get our app ready for payment processor underwriting. She completely upgraded our legal framework, caught blind spots we hadn't considered, and provided clear, practical guidance on how to navigate compliance. A fantastic attorney to have in your corner."
Flat-fee Terms of Service & Privacy Policy review — dating/social meetup app
"excellent work"
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Website Terms of Service and Privacy Policy
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Can a company change its Terms of Service and Privacy Policy without notifying its users?
I recently discovered that a popular online platform I use has made significant changes to its Terms of Service and Privacy Policy, which I was not notified about. These changes seem to give the company more access to my personal data and reduce my rights as a user. I'm concerned about the implications of these changes and whether the company is allowed to make such modifications without informing its users in advance.
Jennifer B.
Online platforms can modify their terms of service and privacy policies without advance notice if: (1) Their terms explicitly allow such changes, and (2) Users continue using the platform after changes are made. However, modifications may still be challenged if they are unconscionable or violate privacy laws, particularly if they significantly impact user rights or data protection. While platforms may have the right to make unannounced changes, the enforceability depends on the specific modifications and their compliance with applicable regulations.
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Service: Drafting
Doc Type: Terms of Service & Privacy Policy
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Bid Range: $500 - $2,450
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