Legal Policies You Need

This week’s post is a guest article by Jim Chiodo at DisclaimerTemplate.com.
It’s a totally un-sexy part of your marketing, but really important. I like Jim’s service because he makes it easy and affordable.

Is Your Website Privacy Policy Compliant With The New Laws?

Your website or blog privacy policy is an important document to protect you and your online business. Both old and new laws not only require you have one; they also require that your policy contain specific provisions and disclosures. And according to those laws, you are responsible for the promises and statements in your privacy policy, especially if you do not live up to or violate the promises or guarantees you make.

The Federal Trade Commission will take legal action to make sure that website and blog owners live up to the promises made in their privacy policy. This includes charging online operators with violating Section 5 of the FTC act. They will also take legal action against online operators who make broad statements in their privacy policy, but then fail to explain the degree to which they collect and share information with others.

Privacy policies, disclaimers and disclosures are required by law to be displayed on your website or blog in a “clear and conspicuous” place that is obvious to visitors and customers. (See our FREE Legal Guide for instructions on how to post your policies)

Free Privacy Policies Can Be Expensive

If you think the free privacy policy you downloaded or copied from the Internet is good enough, you may want to reconsider. After researching 10 different websites that were offering a free privacy policy, not one complied with the law. Even worse, some of those privacy policies were worded in such a way that could subject the website or blog owner to possible lawsuits. A poorly drafted privacy policy may do far more harm than not having one at all.

Is Your Website Terms And Conditions Protecting You?

Your “Terms and Conditions” (also called a Terms of Use and Terms of Service) is, essentially, a legal contract between your business and your customers, members and visitors. In fact, courts recognize a website terms and conditions policy when the user clicks “I Agree” as a legally binding contract that can greatly reduce your liability if you are ever sued.

It should explain what your business is, what you are responsible for, and, more importantly, what you are not responsible for. This last detail is important if the information on your site is ever misused. Within a website’s terms and conditions policy, you can create a significant amount of control over what occurs on your website or blog, and limit your responsibility.

Disclaimers; Are You Using Them Properly?

A disclaimer is a written statement that does something significant – it transfers responsibility from one party to another. Ideally, to transfer responsibility from you, the online operator to you visitors, customers or members. It is important that disclaimers are drafted properly to contain as many contingencies as possible, to be interpreted in favor of the website or blog operator.

The days of the Internet Wild West are gone forever. New laws and regulations are being passed every year. Website and blog operators are playing a risky game when receiving visitors on their site without attorney-drafted privacy policies, terms and conditions and disclaimers.

For a detailed explanation on how to comply with both the old and new laws, download your FREE Website and Blog Legal Guide.

 – Jim Chiodo, DisclaimerTemplates.com

Note from Nicole: DisclaimerTemplates.com is a legal service I use and recommend therefore I have formed an affiliate relationship with this site and could be compensated if you choose to purchase through the links provided.

About The Author

Nicole Gebhardt

Nicole Gebhardt is the CEO of Niche Pressworks publishing, a Marketing Strategist and Certified Publishing Coach. Through marketing consulting and book publishing she helps Speakers, Coaches, Consultants and Business Leaders create compelling and effective messages to inspire people to action. Over the last 24 years she has helped build brands, expand influence, and equip authors who change the world.

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