How to write Privacy page?

Discussion in 'Legal Issues' started by Blitz, Dec 22, 2005.

  1. #1
    I need to write a privacy page for one of my sites. I know they vary alot depending on the services offered. Does anyone have any tips or a list of generic things to include?
     
    Blitz, Dec 22, 2005 IP
  2. ViciousSummer

    ViciousSummer Ayn Rand for President! Staff

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    #2
    ViciousSummer, Dec 22, 2005 IP
  3. BILZ

    BILZ Peon

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    #3
    read some privacy policies on other people's website and pull out the stuff you like. Then change the wording so that it works for your site. Then hand it over to your lawyer to make sure it is all good. Then your done.

    and...um...Hi to the hot chick sellin' lingerie.
     
    BILZ, Dec 22, 2005 IP
  4. mandkr67

    mandkr67 Peon

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    #4
    I have a tutorial at my site for this. Depending on what kind of site etc. there may be certain elements that are neccessary. Your best to have an attorney draw one up for you.
     
    mandkr67, Dec 22, 2005 IP
  5. ViciousSummer

    ViciousSummer Ayn Rand for President! Staff

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    #5
    Writing a privacy policy is not rocket science. There is no need to have a lawyer do it unless you are too lazy and have tons of money to throw in that direction. ;)

    Haha...Hello there, BILZ.
     
    ViciousSummer, Dec 22, 2005 IP
  6. jbw

    jbw Peon

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    #6
    The FTC takes these things pretty seriously, so for some people having a legal review may be a good idea.
     
    jbw, Dec 22, 2005 IP
  7. mandkr67

    mandkr67 Peon

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    #7
    I agree, it's definately not rocket science. A generic site only needs a generic policy but, since the original post was unclear as to what type of website it was I say there are certain laws that are in effect. COPPA law and section 2257 of the expliotation law are 2 off the top of my head.
    Now, there is debate as to wether these laws are enforcable Internationally and I have done very little case study but compare the cost of hirng a lawyer to the cost of being sued by the government.
     
    mandkr67, Dec 22, 2005 IP
  8. ViciousSummer

    ViciousSummer Ayn Rand for President! Staff

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    #8
    The FTC takes privacy policies on websites "pretty seriously"? Well, I guess if you're writing a privacy policy because you fear that the FTC is going to come after you, why don't you take a look at the FTC's Privacy Policy for their website and you can rewrite your own using that as a model. :rolleyes:
     
    ViciousSummer, Dec 22, 2005 IP
  9. jbw

    jbw Peon

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    #9
    I have already read that and the COPPA sites. My point remains it is a legal document and might merit review depending on the type of site. In general you are better off not having a policy if you don't need one. Saying it is not 'rocket science' was a flippant remark that is not warrented for all types of sites and situations and I think people should realize they can cause legal issues. For any corporation with a legal department you can bet they review it, and not just because they find it fine reading for naptime.
     
    jbw, Dec 22, 2005 IP
  10. ViciousSummer

    ViciousSummer Ayn Rand for President! Staff

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    #10
    He asked for "...any tips or a list of generic things to include..." therefore I would assume that it's a generic website.

    I just find it counter productive when someone asks for advice and everyone replies with: "You should hire a lawyer."
    :p
     
    ViciousSummer, Dec 22, 2005 IP
  11. ViciousSummer

    ViciousSummer Ayn Rand for President! Staff

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    #11
    Wait a second here. I though the FTC takes privacy policies "pretty seriously". So, they don't take them seriously if you just don't have one? Ooookay...
     
    ViciousSummer, Dec 22, 2005 IP
  12. Dekker

    Dekker Peon

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    #12
    You should hire a stripper.
     
    Dekker, Dec 22, 2005 IP
  13. ViciousSummer

    ViciousSummer Ayn Rand for President! Staff

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    #13
    Oooooo, yeah...a lawyer that strips! Then you *might* get your money's worth for hiring them to write a privacy policy...haha ;)
     
    ViciousSummer, Dec 22, 2005 IP
  14. Dekker

    Dekker Peon

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    #14
    i wonder if there's a naughty website that has pictures of that......

    ok someone PM me a link plzzzzzzzzzzzzz :D
     
    Dekker, Dec 22, 2005 IP
  15. mandkr67

    mandkr67 Peon

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    #15
    Hahaha, I agree with that too! :D It's a pretty standard disclaimer but you have to agree it IS the best advice, no? ;)

    BTW, I wasn't being counter productive, I DID offer a tutorial. And I've also written an article some time age about it, but I didn't want to spam the post with my own links. It's in my sig anyway. ;)
     
    mandkr67, Dec 22, 2005 IP
  16. jbw

    jbw Peon

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    #16

    That is right, you have made no legal commitements past the general statutes if you don't have one. There is no contridiction here, and if you don't understand then you really need to go read more on it, especially before advising others.


    Sure, about as bad as the general advice to not hire a lawyer. Up to them to judge if they need one. FYI, I don't use one either for this, but I would not go so far as to say that using one ever is foolish. Many of my clients do get them reviewed and I respect their reasons and caution.
     
    jbw, Dec 22, 2005 IP
  17. Lpspider

    Lpspider Well-Known Member

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    #17
    what's great - copy someone elses. :D

    "We will respect the copyright of others. Copyright infringement is a crime, and will be delt with accordingly"

    I can see that happening.
     
    Lpspider, Dec 22, 2005 IP
  18. jbw

    jbw Peon

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    #18
    well luckly the FTC policy is not copyrighted, so the advice to borrow from that was good.

    Also a privacy policy would not mentioned copyright issues really, that would go in a TOS or AUP.
     
    jbw, Dec 22, 2005 IP
  19. raycampbell

    raycampbell Peon

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    #19
    1) Some ad networks won't take you on unless you have a privacy policy. Generally speaking, not only as a legal matter but as a matter of visitor expectations, you ought to have a privacy policy. Otherwise, people might wonder if the lack of one is because you are doing weird stuff you don't want to reveal.

    2) If you have a mailing list and think you might ever want to sell your site, your privacy policy should disclose that the names could get transferred if the assets of the site get transferred.

    3) Google has specific language that they recommend you insert if you use their analytics service.

    4) Truste.org has a model policy. I am sure other folks have model policies that you can use as a starting point without violating copyright.

    5) Copyright aside, you can't just blindly grab someone else's privacy policy without potentially creating problems. For example, the FTC policy has some language about how certain information is encrypted. If you lifted that policy, and represented that you were protecting people by encrypting information when you were not, you would be making a misrepresentation, which could be a problem. You need to understand what you post well enough to be sure that you say what you mean and mean what you say.

    6) If you use a lawyer, find one that has written a couple of privacy policies before. They don't teach website privacy policies in law school, and you want a lawyer who actually knows the issues. If anyone reading this is an inhouse corporate counsel looking for someone good, and can pay the going rate, I know a Yale Law grad in Atlanta who has expertise in the field and who is an outstanding lawyer.

    Once again, this is not intended to be legal advice for anyone reading it. I am not your lawyer, and we do not have a lawyer / client relationship. To get legal advice, you need to retain your own lawyer and make sure they understand the particular facts of your situation.
     
    raycampbell, Dec 23, 2005 IP
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  20. Blitz

    Blitz Well-Known Member

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    #20
    Wow, thanks for all the advice. I think I'll just write one based upon the information given in the posts, and the web links. I can see people finding my site controversial, but I don't know any lawyers and I don't think there's any '$50 Paypal lawyer to write privacy legal stuff' services floating around.

    I might hire a quality law firm, http://www.winnsims.com/ to write it for me.
    (just kidding, if you're thinking wtf, then check here: http://www.winn-and-sims.com/)

    Copyright 2003-2005 Vicious Enterprises. All rights reserved. Violators will be spanked
    Hehe, I guess you didn't hire a lawyer either?
     
    Blitz, Dec 23, 2005 IP