3 {{ upvoteCount | shortNum }}
3 {{ upvoteCount | shortNum }}

Privacy Policy and Terms of Service

by Draphoelix
2 replies
Just found out about the EU Cookie Law. Stupid, but I just confirmed that if I use Wordpress/Google Analytics I have to comply with it.

1. One way to do that was to simply put a page called "Privacy Policy" where you inform your visitors about your use of cookies. Yet I rarely see these in personal blogs, only on big websites with companies behind them. How come?

Another thing I looked up is Terms of Service. I just found out that the reason Pinterest, Tumblr, Imgur and similar sites can avoid copyright infringement is because they are using user-generated content. Which mean they do not take responsibility for them (says so in their ToS 'Limitation of Liability and Indemnity' clauses.

2. If I let users upload images to my site, can I also protect myself against infringement by adding a "Terms of Service"?

_______

I did search and read on Wikipedia, but english ain't my native language and there are lots of jargons and words smart people use. Besides, I'd like some input from people.
#policy #privacy #service #terms
  • Profile picture of the author ColdWritingLLC
    Originally Posted by Draphoelix View Post

    Just found out about the EU Cookie Law. Stupid, but I just confirmed that if I use Wordpress/Google Analytics I have to comply with it.

    1. One way to do that was to simply put a page called "Privacy Policy" where you inform your visitors about your use of cookies. Yet I rarely see these in personal blogs, only on big websites with companies behind them. How come?

    Another thing I looked up is Terms of Service. I just found out that the reason Pinterest, Tumblr, Imgur and similar sites can avoid copyright infringement is because they are using user-generated content. Which mean they do not take responsibility for them (says so in their ToS 'Limitation of Liability and Indemnity' clauses.

    2. If I let users upload images to my site, can I also protect myself against infringement by adding a "Terms of Service"?
    You don't see them on most personal blogs because they don't need them. The entire world doesn't live behind EU laws to start. Secondly, for blogs alone you wouldn't need one because you aren't collecting any data unless you're signing up users to comment and then I assure you they do as part of the process. There is also revisions to the EU law that states that direct (not third-party) cookies and analytics do not require the express written consent given to the visitor.

    As to your second question, yes and no. Any violation of the law is a criminal matter while any violation of a Terms of Service would be a civil matter. You, as the host of materials, are ultimately responsible for all the content on your servers but it would provide protection against most lawsuits. For someone to be able to sue you for infringed material they would have to prove that you knowingly allowed it to be stored that and/or you profited despite knowing it's questionable origins.

    This means that under normal circumstances a site like imgur or Youtube does indeed have a basic layer of protection but if you made a site and named it 'IllegalPictureHost' or 'UploadPiratedMoviesHere" then it wouldn't matter what kind of agreement you had, you'd still end up liable for the results.
    Signature
    Are you an artist or an entrepreneur?
    Get a sales/affiliate page, custom info product and more!
    Full Packages for $800 --- Product Composer.com
    Free Proofreading Service For Warriors
    {{ DiscussionBoard.errors[8843108].message }}
    • Profile picture of the author Draphoelix
      Thanks for the informative answer.

      So as long as I'm not purposely allowing copyrighted material in (and doing my best to keep them out) it should be ok? That's great.

      Can you explain to me what you mean by direct cookies? Aren't analytics (Google?) a third party?
      {{ DiscussionBoard.errors[8843280].message }}

Trending Topics