So I Have to Write My Own. What Information Should I Include?
The content can vary widely, depending on how you and the public use your website.
- the permitted users and uses of the website or app;
- the rights of the company and the user regarding the various types of information exchanged through the website or app;
- the activities that are prohibited on the website or app;
- any applicable restrictions on “scraping” or otherwise accessing content on the website or app; and
- explain the types of information the company collects through the website or the company’s services, and how the company collects that information;
- make clear that information submitted by users, which is viewable by third parties in the normal operation of the website, will not be protected;
- explain how the company will use the information submitted by, or otherwise collected from, users;
- explain to whom the company may disclose that information and for what purpose; and
In 2013, California issued mobile privacy recommendations for app developers, app platform providers, advertising networks and others. Here are some do’s and don’ts from the California report:
- use shorter privacy disclosures and other measures to draw attention to data practices that may be unexpected;
- enable meaningful choices about the collection and use of data; and
- augment disclosures when collecting sensitive data, text messages, call logs, or contacts, or when using sensitive device features such as cameras, microphones or location tracking.
- collect personally identifiable data not necessary for the app’s functions;
- use out-of-app ads delivered by modifying browser settings or placing icons on the mobile desktop; and
- use static, device-specific identifiers for advertising.
How you present these documents can impact how enforceable they are. Many companies simply link to them at the bottom of a webpage (often referred to as a “browse-wrap” agreement), but this method may make them less enforceable in some contexts and jurisdictions.
What If Something Changes in the Future?