- Email addresses
- Contact information
- Date of birth
- IP address
- Phone numbers
- Mailing address
It would also cover any financial information you may collect for online payments, such as credit or debit card numbers.
As alluded to earlier, many states and countries have laws requiring websites to have privacy polices. Here is a list of the current countries and U.S. states with privacy laws and also a list of upcoming laws.
- General Data Protection Regulation (GDPR)
- UK Data Protection Act 2018 (UK DPA)
- California Online Privacy Protection Act of 2003 (CalOPPA)
- California Consumer Privacy Act of 2018 (CCPA)
- Nevada Revised Statutes 603A.340
- Delaware Online Privacy Protection Act (DOPPA)
- Personal Information Protection and Electronic Documents Act (PIPEDA)
- Australia Privacy Act of 1988
- Virginia Data Consumer Protection Act (VCDPA) – Effective 01/01/2023
- Colorado Privacy Act – Effective 07/01/2023
- Quebec Bill 64 – Effective 09/01/2023
You may think, my business is in a state that currently doesn't have a privacy law, does that mean I'm not affected? You are probably at risk. Most websites don't block users from other states or countries. That means if you are located in Arizona, which currently doesn't have an online privacy laws, and a user from Nevada browsed your site and filled in your contact form to ask a question about a product or service, you could be at risk of fines and possible lawsuits.
What are Terms of Service?
Why the Terms of Service Matter
The Terms of Service protects your website in two ways;
- If the user makes a claim against your business or website.
- As the website owner, you need to take legal action against a user for some reason.
What you put on the terms of service page is critical, as well. The policies will depend on the purpose of the website. These are common features in Terms of Service.
Country of Governance - A statement of what nation, state and county governs the laws that apply to the Terms of Service. If the website is based in the US, it would be US laws, for example.
Limited Liability - Limited liability exempts you, as the website owner, from liability that arises for information errors on the website. For example, if there is a discussion board on the website, you would not be responsible for content posted there.
Abuses of the Site - You would list anything that you would consider an abuse of the site. It would vary by industry, but an art gallery might consider downloading images an abuse, for instance.
How we can help
We are seeing more momentum around the implementation or strengthening of privacy laws for any website collecting information. This includes not only data such as user name and email address but areas you might not think of including website analytics and advertising pixels.
To help our clients navigate the complex privacy laws and make certain your site is compliant, we have partnered with Termageddon to provide these important pages for your website. As laws change the pages are automatically updated with the latest information so you don't have to visit an attorney every six months. Contact us for more information.