Every Social Networking Site, Blog, Website, etc. should have a Privacy Policy. A Privacy Policy can minimize liability for a site owner. For example, it can reduce Invasion of Privacy Claims. When a site is very thorough and transparent regarding whether user's personal information is gathered; how the information is gathered; and whether the site is using third-party applications to get this information, an Invasion of Privacy Claim is severely diminished. An Invasion of Privacy Claim occurs when the site is doing any of the above actions without disclosing these actions to the site user.
In addition, a Privacy Policy also protects users of the website. It gives users information on whether their personal information is being collected and how it is being used. It is then the choice of the site user to further engage or use the site.
When implementing a Privacy Policy, it should contain the following key points:
1. What type of personal information is collected?
2. What type of technology is used to collect information? How the website will use the information collected?
3. Who will receive the personal information collected?
4. Specific measures in place to protect personal information.
5. If the user voluntarily shares their personal information to the public, then their is no expectation of privacy.
6. How one can opt out of their personal information being gathered and/or shared with third parties.
When drafting a Privacy Policy, I recommend hiring a New Media Attorney. Although there are numerous form Privacy Policies on the internet, only a custom privacy policy can specifically address your site's technology and whether you are gathering information and how. Also a custom privacy policy can address whether you are sharing user information with third parties and identify each third party.
Remember one of the keys to running any business whether on the internet or brick and mortar is to minimize liability. Therefore having a Privacy Policy is good business sense.
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