Terms of Service & Privacy Policy

What are the Terms of Service & Privacy Policy?

In today's world making a website is one of the most popular and amazing ways of expanding your market reach, generating new business sales or rather in pursuing new ideas for both commercials as well as private use. However, there is another side to this that once you move your business online you expose yourself to the risk from the users of the website. Sometimes users might be interested in knowing about how you are using and safeguarding their private data or how you are dealing with conflicts and issues which arise from the usage of the website or maybe people might be concerned about the risk associated with the usage of the website. This makes the Terms & Conditions and privacy policy section of a website a crucial part of it.

Are the Terms of Service and Privacy Policy an important part?

Terms of Service and Privacy Policy are important for the websites especially for the industries which collect personally identifying data of their users. These are industries like the financial services industry and the health care industry. In fact, if you are dealing at International level certain states require that even if a single resident has access to the website then the need to contain a Privacy policy. Few such states are Texas and California. In view of the fact that the internet is global, it is highly advisable that they should have both Terms of service and privacy policy.

Why do you have Privacy Policy and the Terms of Service?

A Privacy Policy is basically a disclosure text, which reports to customers how the personal information will be collected, used and stored by the owner of the website. They also mention the rules about how to use a website.

What are the contents of the Privacy Policy and the Terms of Service?

The Privacy Policy must clearly state what information is collected from the user and how it will be utilized, and what information will be made available to the third parties. There is no straight jacket formula for mentioning that what will be included in the Terms of Service. It entirely depends upon the type of business you plan to get into.

How the Privacy Policy and Terms of services safeguards you from the liability particularly disclaimers are attached to it?

A properly drafted Privacy Policy and Terms of service give the best protection against potential claims that may arise from users of the website. It helps in making the users aware of how you will be collecting and using their personal information. Also, in case you move to court for some reason the jury would look more favorably at your company that has a posted privacy policy and also adheres to it. It is crucial that the Terms of service and the privacy policy should be properly drafted in order to make it evident that what is permitted and what is not.

Where the Privacy Policy and the Terms of service should be displayed on the website?

It is suggested to put both the Privacy Policy and Terms of service at such a location on of the website where the users can easily find and access it. Most of the websites choose to hyperlink the Privacy Policy and Terms of service on the bottom of each webpage.

When to ask the users if they agree with the Privacy Policy and the Terms of Service of the website?

When a user must accept a website's Privacy Policy and Terms of service is determining on a case-by-case basis. It is suggested to take the consent of the users for both the privacy policy and Terms of service when they initially sign up for a service or product on the website.

Is it necessary to mention the address and phone number of the owner along with the Privacy policy and terms of service?

No, it is not necessary to provide your phone number or physical address on the website. However, it is suggested that you provide an email address or a “contact us” form which can be used for contacting your company if a user has any questions or complaints.

Probably, that is why you need to depend on an expert to draft the privacy policy and the terms of service for your website or business. So that can mention only the necessary details and safeguard you from the extra liability.

Is it necessary to again agree with the privacy policy and terms of service if they are updated?

Yes, it is suggested that you should take the consent of the users again after the amendment of the privacy policy and terms of service