- Transparency. When putting this policy together keep in mind that a clear policy helps build trust. Identify clearly its scope (e.g., “the website at www.XYZ”). Do not make statements you may not adhere to (like “we will not share your data,” if there may be instances where you want or have to share the data, such as mergers and acquisitions or as required by law). If your site gathers data via cookies, say so. Provide specific examples of what may or may not be done with the data collected. Similarly, notify customers of updates. Customers realize that you may need to update the policy from time to time. Proactively reach out with an email or letter to let them know of any material changes.
- Don’t Copy and Paste! While it may be tempting to use a policy already posted by another company, if the policy you post is not in line with your practices, it may be considered unfair and deceptive trade practice, actionable by the FTC and potentially subject to class action litigation. It is prudent to delegate the task of drafting a policy to professionals. Those with experience drafting these policies can better ensure you get one that meets your needs while protecting your business’ interests.
Businesses looking for comprehensive legal counsel and oversight of online privacy and data security issues can trust Calfee, with locations in Ohio, Washington D.C., Indianapolis and New York as well as globally through the Lex Mundi legal network.
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