Are your privacy policies setting traps for your own company?
Companies that are required to have website privacy polices — for example, those that fall under the realm of the California Online Privacy Protection Act or the Children’s Online Privacy Protection Act — should take special care in drafting, vetting, and revising website terms and privacy policies. Here are a few important warnings:
- Don’t just copy another company’s policy, assuming it to be a “standard” plain-vanilla policy. You need to tailor your terms and policies to your particular business needs.
- Find out what you actually do with customer information before promising that you won’t do something. You may have every intent not to save or use user information, for example, but don’t promise that you won’t collect it without finding out, from your technical people, what if any information is actually collected by your software and systems.
Mark Sableman is a partner in Thompson Coburn’s Intellectual Property group. He is the editorial director of Internet Law Twists & Turns. You can find Mark on Google+ and Twitter, and reach him at (314) 552-6103 or firstname.lastname@example.org.