If you have not noticed, most websites have Terms of Use and Privacy Statements. What is the difference between them, what do they mean, and why are they important?
In short, Terms of Use - also called Terms and Conditions or Terms and Conditions of Use - all explain the rights and responsibilities of parties using a company's website. It typically addresses intellectual property rights and proper use of the website.
Privacy Statements - or Privacy Policies - help companies tell website users about the information the company collects from the user and how the company will use that information. This would include information the user enters into the site, or information that is automatically collected through the use of cookies or web beacons or other behavior tracking methods, which may provide information to the company or simply just assist with the user's navigation and use of the website.
With the EU's new General Data Protection Regulation (GDPR) in place, Privacy Statements are even more important now. Legal counsel should review these statements to ensure that they are accurate and legally compliant.
Understanding the technology being used as part of the website development process is critical and companies may struggle in putting them together. The risks of not having an accurate site, however, are significant. While there are some common elements that may be included, the specific content included in privacy statements and terms of use will be unique to your business and website type.
Octillo is made up of former owners of a web development company, technologists, and lawyers certified as Certified Information Privacy Professionals, United States (CIPP/US), and have developed many privacy statements and terms of use. We are happy to help review your Privacy Statement and Terms of Use - a low cost project that delivers a high impact for your organization.
DISCLAIMER: This client advisory is for general information purposes only. It does not constitute legal advice, and may not be used and relied upon as a substitute for legal advice regarding a specific issue or problem. Advice should be obtained from a qualified attorney or practitioner licensed to practice in the jurisdiction where that advice is sought.
