How We Can Help You With Drafting a Privacy Policy
One of the most common mistakes a company can make is drafting a privacy policy or terms of use and posting it on their website that does not reflect their actual internal processes. This mistake often happens when a privacy policy or terms of use is merely copied and pasted from another website or an online template. However, a privacy policy is only useful when it reflects how your company collects, stores, uses, shares, and, if applicable, protects customer/visitor data. Terms of use are only helpful if they are binding and enforceable, and are tailored to how your business operates. Therefore, it’s important that your business should hire a lawyer to draft a privacy policy and terms of use that are customized for your business.
While you may not be familiar with the applicable requirements for privacy policies and terms of use agreements, we can draft these legal products for placement on your website.
Why is an Attorney Necessary for Drafting A Privacy Policy and Terms of Use Agreement?
There are templates of privacy policies and terms of use agreements you can find online, but they may often not be effective for protecting you from liability since they have not been customized for your specific business needs. If you have never drafted these kinds of agreements, you may not catch that there are any weaknesses or errors in them that could leave you susceptible to a lawsuit.
We have helped many companies create effective and comprehensive privacy policies and terms of use agreements that protect our clients from potential liability. We are familiar with the particular requirements for subscription-based sellers, as well as with the evolving standards for how to make your terms of use enforceable. These rules have an impact on the actual design of your website, and we can advise you on design changes that may be necessary to protect your interests. When drafting your terms of use and privacy policy, we will work with you to determine how best to customize these documents based on your specific website and business needs.
Some typical provisions may include:
User Code of Conduct
This provision is used to lay out expectations for how clients may use your product, as well as your right to revoke their use of your website or app in response to specified violations.
Limitation of Liability
This provision excludes the company from liability for any damages arising from the use of their website or product. Clearly establishing exclusions can be invaluable should a dispute with a client arise.
Payment Procedures
If applicable, your Terms and Conditions may state the accepted methods of payment, the timeline along which payment is expected, and how late payment, or a failure to make a payment, will be addressed by your company.
Cancellation Policy
You can also provisions that explain how a client may terminate their engagement with your company, as well as any relevant fees or refund procedures.
What Your Product Will Access
If your website or app will need to access a client’s Facebook, Twitter, email contacts, location or any other personal information, your Terms and Conditions may explicitly list these data needs and require clients to agree to provide them before they can proceed.
Links to Other Websites
This provision states that you are not responsible for any third-party web sites that you link or connect to on your own website or app.
Copyright Notice and DMCA
Your company should provide a clear policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).
This would first state that any content and logos on your website or app are your property and are protected. Furthermore, if a client believes that material or content residing on or accessible through your product infringes a copyright, this policy will establish how and to whom they should send a notice of copyright infringement, so you can most efficiently resolve the situation.
Contact Kinetic Law
Help Drafting a Privacy Policy & Terms of Agreement
If you need a privacy policy or terms of use agreement before launching your site or even more urgent, you need these policies for a site that is already up and running, you should contact Kinetic Law for help. We will be able to draft the necessary agreements that best suit your needs and those of your customers. Contact us today to schedule your initial consultation.
