Privacy Policies

What is A Privacy Policy?

A privacy policy is a document that details what personal information you collect from your web site visitors, how you use it, and how you keep it private. The exact contents required will depend on applicable laws or policies. The definition of personal information varies, but it can include names, email addresses, IP addresses and browser cookies. Your privacy policy should outline in plain language how you store and manage information gathered.

Do I Need a Privacy Policy on My web site?

The most likely answer is "Yes." Laws requiring a privacy policy are not uniform around the world or in the United States. In 2019, if your web site visitors include people living in the European Union (GPDR*) or the state of California (CalOPPA**), then you must have one.

In addition, if your site uses tools that collect information behind the scenes (such as web traffic monitors), these make you subject to privacy laws - or the policies of other companies. For example, Google Analytics, a popular web analytics tool, has a privacy policy requirement in its terms of use. If you use Google Analytics, then you are required to have a privacy policy on your site.

And the trend is moving towards greater security of personal information. There have been numerous major data breaches in recent years that have affected millions of people. As a result, consumers are more concerned than ever about the privacy and security of their personal information. A growing number of people consider privacy to be a fundamental human right, and expect web sites to honor this.

With all these considerations, the question becomes why wouldn't you want a Privacy Policy on your web site? Having a well thought out and easy to understand privacy policy will let your web site visitors know that you care about the security of the information they have shared with you.

Survey your web site

When considering a privacy policy, the first thing to do is to conduct a survey of your site to identify where and how personal data is collected.

Where on your web site do you collect personal data from your visitors? This includes forms, shopping carts, e-mail newsletters.
What information do you collect in each of these instances? This includes names, e-mail addresses, addresses, credit card data, etc.
How do you use this information?
Do you store this information? If so, how long do you keep it?
How do you protect the information?
What control does the customer have over their personal information? How do they opt-out?

Write a DRAFT Privacy Policy

Once you have completed a survey of your web site, you should write up a draft privacy policy. The best privacy policies are concise, easy to understand and are written using the same language and writing style that you use throughout your web site. Your privacy policy can draw directly from what you found in the survey of your web site.

You may find these web sites helpful as you develop your draft policy:

The Better Business Bureau

Sample Privacy Policy (this is an excellent starting point)
Privacy Policy: A Best Business Practice
Tips on Establishing a Privacy Policy

The Privacy Trust

There are online privacy policy generator web sites, but these are cookie cutter approaches. You may end up with one that has more than you require. We think that developing one specifically for your web site is a better option.

Finalize YOUR Privacy Policy

Once you have a draft privacy policy, you should have it reviewed. Resources to consider for this include:

Your attorney
Your web developer (Etherjazz)
Trusted business partners or friends

Publishing And Updating Your Privacy Policy

When you are ready to publish your privacy policy, Etherjazz will create a web page for it and add links to it on your web site. We typically add a privacy policy link in the footer section of the page near the copyright notice. The privacy policy link would then appear on all pages in your web site.

Remember that your privacy policy needs to be reviewed as your web site changes or as regulations evolve. Update it whenever you make changes to the types of personal data collected or to the ways you use this information.

We Can Assist you with your privacy Policy development

While we can't give you legal advice about privacy policies, we can help you survey your web site to identify where and how personal data is collected. This type of survey is a great start to writing a policy. Send us an e-mail or phone us today at 503-723-7282 if you would like to discuss this further.

Footnotes

* The General Data Protection Regulation ("GDPR") is a regulation in European Union (EU) law on data protection and privacy for all individuals citizens of the European Union (EU) and the European Economic Area (EEA). It also addresses the export of personal data outside the EU and EEA areas. The GDPR was adopted on 14 April 2016, and became enforceable beginning 25 May 2018.

** The California Online Privacy Protection Act ("CalOPPA") is a state law requiring commercial web sites and online services to post a privacy policy. It applies to any person or company in the United States (and conceivably the world) whose web site collects personally identifiable information from California consumers.

Posted: June 2019