Posts Tagged ‘website agreements’

Website Privacy Policy Agreements: What the Law Requires

Saturday, May 17th, 2014

A good internet law attorney will advise you that your Privacy Policy is perhaps the most important part of your website agreement package.  Sure, you need Terms of Use (TOU) also known as Terms of Service (TOS), a copyright policy and specific terms in those portions of your website agreements.  But the Privacy Policy is fundamentally different in that there are laws which govern what needs to be included in privacy policies if, in fact, you do business or have website visitors in different countries.  Here are the basics you need to understand about your Privacy Policy.  You should contact a lawyer that specializes in website agreement drafting, website agreement forms and specifically Privacy Policy drafting guidelines.

  • - In the United States, we don’t have specific laws which govern requirements or terms which must be included in a Privacy Policy.  There are a variety of different statutes which do affect the information which will go in your Privacy Policy such as the Children’s Online Privacy Protection Act (COPPA) and certain other statutes for both the financial market and health care records.  Some states in the United States have implemented regulations for privacy policies such as California, who passed the Online Privacy Protection Act of 2003.  The Online Privacy Protection Act in California requires “any commercial website or online services that collect personal information on California residents to a website to conspicuously post a Privacy Policy on their site.”  Both Nebraska and Pennsylvania also have statutes which govern misleading statements in privacy policies.  A variety of different states have consumer protection statutes which might also be used by a lawyer on behalf of a website visitor to bring litigation against your company if your Privacy Policy isn’t drafted appropriately.   privacy policy
  • - The European Union (EU) has potentially the most strict data protection and data privacy rules which affect the Privacy Policy you need to post on your website.  The EU policies must be met by any United States business operating in the European Union, as well as any website that collects information from citizens of the EU.  There is a Safe Harbor Program which allows United States companies or websites doing business in the EU some latitude in compliance.  The EU Safe Harbor Provision will allow you to comply with the EU privacy regulations as long as you follow certain general rules and guidelines for your online website Privacy Policy.  In general, you must inform website visitors that their data is being collected and tell them how you will use that data.  You have to give website visitors a choice and an option to opt-out of the collection or the use of data by third-party partners of that website.  You can’t forward information to third parties who haven’t also complied with the EU Safe Harbor provisions.  You definitely have to make reasonable efforts to provide security over the data and ensure that the data is reliable.  One of the most difficult provisions is that you have to allow individuals and website visitors to access information related to them.

Companies doing business in the EU, which is any website really that reaches EU citizens, need to certify their Safe Harbor compliance.  A good Privacy Policy attorney or law firm can help you gain certification.

The EU privacy directives tend to set the bar for all companies doing business on the internet.  In drafting a Privacy Policy for your website, you should take the International Safe Harbor Privacy Principles into account.

 

Share Button

Privacy Agreement Lawyer Update: You need to tell web visitors what information you’re collecting and what you’re doing with it.

Monday, February 25th, 2013

One of the most often-overlooked website agreements is the privacy policy or privacy agreement posted on your website.  You’re privacy policy is incredibly important.  A privacy policy lawyer knows how to gather the information from you in order to determine what particular provisions need to go in your privacy policy.  You cannot cut and paste someone else’s privacy policy or use a privacy policy form or template to draft your privacy policy.  The reason is simple.  Everyone runs their website different from others including their competitors.  You may be using Google Analytics to collect data.  They may be using some other analytics program.  You may be collecting email addresses.  They may not be collecting email addresses.  You may be sending a newsletter with those email addresses.  They may be turning those email addresses over to advertisers.

The fundamental promise of a  privacy policy is this.  Your lawyer or attorney will tell you that you need to identify all of the data that you are collecting about web visitors, registered users and others who visit your website.  You then need to disclose exactly what you are doing with all of the information collected.  If the information is personal identifiable information, which essentially means that it is information personal to the user which could, along with other information, be used to identify the user, then you have special requirements you must comply with

Contact a privacy policy lawyer today  in order to better understand your options for your very important website agreement known as the privacy policy.

Share Button

Use a Website Agreement Template to Get Started on Your Terms of Use and Privacy Policy.

Monday, February 11th, 2013

You have a website that generates a lot of business and goodwill with your website visitors. But you need website agreements to identify the terms that your website is being offered to consumers on. A website agreement template, either a template for a terms of use, terms of service or privacy agreement, a good way to start brainstorming the issues that you need to address. While a website agreement template can get you moving in the right direction, a website agreement attorney is critical to bringing the website agreement project home. Every terms of service, terms of use and privacy agreement must be customized for your specific business model. It doesn’t do you any good to cut and paste your competitor’s privacy policy agreement, terms of service or other website agreement if you have variations between the two business models. Moreover, you don’t know where your competitor got their website agreement template from. It might not be very good or very customized at all.

Website Agreement Lawyer Tips:

  1. Terms of Use Agreements:  Everything you need to know about how to draft a TOU or TOS.
  2. Why Website Agreements Are Important:  One internet lawyer’s perspective.
Share Button

Your Privacy Agreement Lawyer: What needs to go into your privacy policy for your website?

Monday, February 11th, 2013

As a website attorney who specializes in a variety of different internet and website related issues, I think the most overlooked item for most companies is their privacy policy. A privacy policy agreement needs to contain certain essential items in order to provide you maximum protection and comply with the law. Unlike your terms of service (TOS), a privacy policy has some mandated items required by state and federal law. You do need to identify what information you are collecting from website visitors in your privacy policy agreement. An attorney or lawyer can help you understand what types of information your website does collect. If you just offer information to website visitors, you may only have Google Analytics type privacy disclosures. If you are allowing users to register for your website, you’re collecting personally identifiable information which you need to develop privacy policies around.

A good privacy policy lawyer who specializes in website agreements can help you get started. Contact one of our lawyers today.

Share Button

Website Agreement Forms Are for Companies Who Can’t Afford Legal Services

Thursday, July 12th, 2012

You need a website agreement that is going to capture the essence of your business model. Many companies – when they’re looking for these initial website agreements, especially when they’re start-ups – go to the Internet and look for a website agreement form or to a website that offers a variety of website forms on them in order to craft their website agreements.

Continue reading Website Agreement Forms Are for Companies Who Can’t Afford Legal Services »

Share Button

Terms of Service “TOS” Drafting Tips

Monday, June 25th, 2012

A terms of service or terms of use website agreement is very, very important. It’s perhaps one of the most overlooked items for start-up companies and small businesses. As well as large businesses who have a website which becomes a primary portal for their website visitors, as well as an e-commerce portal for them to do business and take money.

Continue reading Terms of Service “TOS” Drafting Tips »

Share Button

Is it Legal to Copy a Terms of Service, Terms of Use or Privacy Agreement from Someone Else’s Website?

Friday, June 22nd, 2012

We get contacted from prospective clients almost on a daily basis asking if it is OK to use a website agreement form or copy and paste someone else’s website agreement into their own website. Is it illegal to copy someone else’s terms of use and place it onto their own website? Is it illegal to copy someone else’s privacy agreement and put it on their own website? The answer is that it depends on whether or not the person who you are copying from has copyright protection, copyright ownership in those website agreements.

Continue reading Is it Legal to Copy a Terms of Service, Terms of Use or Privacy Agreement from Someone Else’s Website? »

Share Button

An Internet Lawyer’s Tips for Protecting a Website

Tuesday, January 17th, 2012

Welcome to Internet Law Radio where we discuss the hottest topics in Internet law.  If you are facing an Internet law issue, cyber law complaint, website or e-commerce issue, we have an Internet lawyer and website lawyer ready to help.

This is Brian Hall, an internet law lawyer with Traverse Legal, PLC, a law firm that represents companies who operate websites and have internet businesses throughout the United States. Today, I will be providing tips for those looking to set up and protect a website.   Continue reading An Internet Lawyer’s Tips for Protecting a Website »

Share Button

Website Privacy Policy Contract Drafting Sample

Friday, January 13th, 2012

Many clients want to know whether or not they should use a website agreement forms service, cut and paste their competitors’ website agreement for use on their site or whether they should start from scratch and have their website agreements specifically customized towards their website and the way they conduct business on the internet.

Welcome to Internet Law Radio where we discuss the hottest topics in Internet law.  If you are facing an Internet law issue, cyber law complaint, website or e-commerce issue, we have an Internet lawyer ready to help.

Welcome to Internet Law Radio.  My name is Attorney Enrico Schaefer.  I specialize in internet law, including website agreement drafting, privacy policies, terms of service, terms of use and other web related contracts.  Today, we’re going to be talking about website privacy policy drafting tips. Continue reading Website Privacy Policy Contract Drafting Sample »

Share Button
Official Trademark Clearinghouse Agent
Domain attorney recommended by Domaining.com
© 2011 Traverse Legal, PLC. All Rights Reserved.
Traverse Legal on LinkedInTraverse Legal on FacebookTraverse Legal on Twitter
Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
  • DOMAINfest 2011, Santa Monica, California
Recent Attorney Speaking Engagements:
  • South By Southwest 2010 SXSW Interactive Conference, Austin, Texas
  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan