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Privacy policy, also known as Terms of Service or Terms of Use, do not fit all businesses the same way due to different business interests. By establishing how your client and customers will interact with your products and how you will use the store, and protect the privacy of the data collected, you can draft your business privacy policy protecting your company in case of a complaint.
You may also ask yourself if you can draft the privacy policy yourself, and the simple answer would be yes. But can you be able to identify specific interests your business needs to protect? Can you legally protect those interests? How do you protect yourself personally?
The above questions are why you need a qualified lawyer from the Spodek law group to help you through the whole process.
1. The benefits of using a lawyer in drafting well thought off privacy policy is that the document will tailor and fit your specific business or website.
2. Your lawyer will not only draft a document that protects you and your business, but he will also have a policy focusing on the future as your business grows.
3. Generally, terms of Service highlight several things, such as preventing misuse of your business website/app, specifying that you, as the business owner, have a right to your content, and provide an agreement between you and the website/apps users. Also, it provides you with an enforceable legal document minimizing the likelihood of a legal dispute.
There are other significant considerations that you should not overlook in drafting a privacy policy document that could land your business in legal turmoil, which include:
A privacy policy provides a guideline for how the company uses, stores, processes, and shares user information obtained from its websites/ apps. In case of inaccurate information, the Federal Trade Commission can take legal action against your business. Additionally, an attorney can tailor the policy to reflect your business-specific user data practices, hence avoiding any possible FTC investigation or class action user lawsuits.
Terms and conditions are a contract between you and the uses of your website/ apps. An experienced lawyer can also advise you on where to place your business website/app’s policies to ensure legally binding. An example is the “I accept” button on the website famously known as clickwrap agreement.
Terms and conditions establish the conditions of use, such as disclaimers of warranties, code of conduct, and disclaims any liability for any third party site links to users of your products. Below is a discussion of the general provisions in a policy document.
The provision lays out the expectations of how your clients may use your products. As well as highlight your rights to revoke the use of your website/app.
The purpose of the provision is to exclude your business from liability or damages that may arise.
Where necessary, the Terms and Conditions should state the acceptable method of payment. They should also state the timelines of the payment as well as delayed and failed payment conditions.
You can also highlight how users can terminate an agreement and the relevant fees and refund procedures.
If your product needs to access user accounts such as Facebook, Twitter, contacts, or any other part of their devices, you should also state and request the users to agree with that condition.
This provision states that your company is not responsible for any information in third-party links connected to your website/app.
You may also provide a clear guideline on any copyright infringement according to the Digital Millennium Copyright Act. This policy should state that any content and business logos on your website are protected. In case a user believes that content on your website infringes copyright, the policy guild the user on how and to whom they can raise the issue.
Posting a privacy statement on their website/ app that does not reflect the companies internal structure is one of the biggest mistakes companies make. The mistakes happen when a company decides to use online templates or copy and paste from similar business websites.
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