12/16/2024
Does my website or app need a privacy policy?
Simple answer, yes. Today, most websites and apps, if not all of them, use some form of analytics tool to help measure the activity on their website, have user accounts, social media connections, or embed maps (such as google maps). The purpose of the privacy policy is to outline what the website collects, stores, uses, shares, and how it protects the personal and sensitive information that is collected. Some websites collect information such as users name, what pages were viewed and the duration, IP addresses (to identify the viewers location), email address, type of devices used, browsing history, payment information (credit card, debit card, PayPal, etc.), and possibly the social security number, if provided. The website might also have a social media connection so that it can view the user that visited the website or require the viewer to create a user account and ask for personal information when registering the account.
The information gathered may be used for solicitation purposes (knowing the viewers interests). Some sites may request for sensitive information, such as health information, religious affiliation, s*x orientation, and racial background. To collect much of this information, the website uses different types of cookies, which is required to be outlined in the privacy policy and/or cookies policy.
Many businesses may not be aware that this information is being collected from their website and that a privacy policy is required, as the information is not being directly provided to the business, but by the services connected to the website, such as the hosting and API.
Global privacy laws (including GDPR, CCPA, LGPD) require businesses to include a privacy policy to inform the viewer about what information is collected, the purpose, the duration the cookies remain on the viewers system, who is it shared with, and how it’s being secured. There are also different data protection laws in different states within the US, California, Connecticut, Colorado, Utah, and Virginia as example, and in other countries (European Union, United Kingdon, Brazil, and South Africa). All of these laws require information to be included in the privacy policy, but are slightly different from each other. The tricky part, is that it’s not based on where they were when they visit the website, but where they are residents.
U.S. state laws, each of which requires a Privacy Policy:
• California Online Privacy Protection Act (CalOPPA)
• California Consumer Privacy Act/Privacy Rights Act (CCPA/CPRA)
• Virginia Consumer Data Protection Act (VCDPA)
• Connecticut Data Privacy Act (CTDPA)
• Colorado Privacy Act (CPA)
• Utah Consumer Privacy Act (UCPA)
Other laws that require some form of privacy policy include the following:
• Health Insurance Portability and Accountability Act (HIPAA)
• Children's Online Privacy Protection Act (COPPA)
• Gramm-Leach-Bliley Act (GLBA)
There are many different ways that a business can create a privacy policy and/or cookie policy and apply it to the website or app. But if you feel more comfortable having someone else draft and insert it on your website or app, our team with legal representatives would be glad to assist. Just shoot us an email at [email protected] and we can take care of everything so you can focus on the business goals.