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Privacy Policy - do I need to use a generator (in this case), and if so - which one should I use?

by newn
11 replies
Please read everything before replying!

Goal: have websites compliant with the laws (I heard there are some new ones, too).

Note that it's not for a company, that's for 1) a blog site and 2) for a totally separate online store that is not a company.

For 1) I'm using default Wordpress comment forms (you enter the username and email if you wanna comment), AdSense and Google Analytics. That's it (unless Facebook, Twitter share buttons count).

Can't I just write that I'm using those services and that they may collect some sort of data on their own discretion? Must it be a full-on privacy policy page?

As for 2) I will be using wpcommerce plugin, so I believe it collects more data - what you put in the cart, address (I mean, I've to know where to ship it, right?), etc. so it's a bit different, but still - do I have to use a generator?

--

Anyway if I have to use it, which one should I use? I'd only use a 100% free one.
#case #generator #policy #privacy
  • Profile picture of the author ksmusselman
    I would suggest just visiting other blogs/websites that are in your niche and looking to see what they're using.

    There are decent templates out there that you can simply replace your company/site name, address, etc. with yours and upload it.

    I did that with all of my blogs - same policy statement on every one.

    Here's one that's similar to the ones I used, and I had Google AdSense, Amazon and other affiliate links on my site:

    Privacy Policy | Zite's blog

    This is another similar one; look almost identical to the one above actually:
    https://automattic.com/privacy/

    This one looks a little shorter, but still contains the pertinent information:
    Aaron Cook Dot Com ™ - Life, Blogging, Money.: Sample Website Privacy Policy You Can Use (AdSense-friendly)

    Have fun!
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  • Profile picture of the author JC Web
    You absolutely need a privacy policy page under the circumstances you described. No, it is not enough to just generically say you are collecting information through those products and services. And you also need a specific section in your privacy policy that meets adsense guidelines.
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    • Profile picture of the author newn
      Originally Posted by JC Web View Post

      You absolutely need a privacy policy page under the circumstances you described. No, it is not enough to just generically say you are collecting information through those products and services. And you also need a specific section in your privacy policy that meets adsense guidelines.
      Thanks for a more descriptive answer.

      So basically I need to be specific about the services I use and - in case of AdSense - tell about DART cookies and DoubleClick stuff, as well as state the obvious that my website has links to other websites that have their own privacy policy? Or is there more to this?
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  • Profile picture of the author newxxx
    or...

    can you just say that the website, and the internet as a whole, offers no privacy, because the FBI, the CIA, the Dept of Homeland Security, the French Government can track everyone on the internet. So if they are really concerned about their privacy, they should leave your website, they should leave the internet, they should throw away all credit cards, and they should never use a cell phone.

    hence, no worries, because they are warned.
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    • Profile picture of the author newn
      Originally Posted by newxxx View Post

      or...

      can you just say that the website, and the internet as a whole, offers no privacy, because the FBI, the CIA, the Dept of Homeland Security, the French Government can track everyone on the internet. So if they are really concerned about their privacy, they should leave your website, they should leave the internet, they should throw away all credit cards, and they should never use a cell phone.

      hence, no worries, because they are warned.
      Hahaha, good one! You didn't hack my Steam profile and copy t his from a couple days back though, did you?

      And I'll take that as a no to my question above. Bureaucracy is annoying.
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      • Profile picture of the author JohnMcCabe
        Yes, you do need a privacy policy page.

        No, you don't need to use a generator. You can post it in plain English (or whatever language your site will be in).

        You simply need to explain what data you collect and what you do with it. You also have to provide a mechanism for people to request the removal of their data.

        Include any specific language your partners may require, like the Adsense disclaimers.

        I used a template in a book called "Cyber Law" by Brent Troon, Esq. (available on Amazon), and I provide a plain English version linked to the full version.
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      • Profile picture of the author Steve B
        Originally Posted by newn View Post

        Bureaucracy is annoying.

        That may be the case, but ignoring bureaucracy or not playing by their rules and getting caught can be far more annoying.

        Yes, you need a privacy policy. If you're generating income, any kind of income, you need to have a business entity in place.
        "Note that it's not for a company, that's for 1) a blog site and 2) for a totally separate online store that is not a company."

        A personal blog that has no commerce happening may not need "a company" behind it.

        An online store that does financial transactions must be part of a legitimate company, a sole proprietorship, a partnership, a corporation, or some type of business entity.

        Steve
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        • Profile picture of the author newn
          Originally Posted by JohnMcCabe View Post

          Yes, you do need a privacy policy page.

          No, you don't need to use a generator. You can post it in plain English (or whatever language your site will be in).

          You simply need to explain what data you collect and what you do with it. You also have to provide a mechanism for people to request the removal of their data.

          Include any specific language your partners may require, like the Adsense disclaimers.

          I used a template in a book called "Cyber Law" by Brent Troon, Esq. (available on Amazon), and I provide a plain English version linked to the full version.
          I'm thinking I could attempt to simplify a generator policy, or rewrite it. I really dislike the language used in them. Another thing I was thinking was to provide a plain English version as you do, and link it or post it below. I think that would probably be the safest bet, but I'm not writing it yet anyway - I'm waiting on a friend of mine to make a logo for me who's dodging me for the past couple of days. Then I still have to finish up web design myself.

          Originally Posted by Steve B View Post

          That may be the case, but ignoring bureaucracy or not playing by their rules and getting caught can be far more annoying.

          Yes, you need a privacy policy. If you're generating income, any kind of income, you need to have a business entity in place.
          "Note that it's not for a company, that's for 1) a blog site and 2) for a totally separate online store that is not a company."

          A personal blog that has no commerce happening may not need "a company" behind it.

          An online store that does financial transactions must be part of a legitimate company, a sole proprietorship, a partnership, a corporation, or some type of business entity.

          Steve
          That's true, though as for a business entity - as far as I know, I do not need any type of company for ad revenue or affiliate links. Technically it's not even taxable - they are not selling a product, they are just finding customers (and they are not employed) and redirecting them to something else. Same goes for ads, it's not a direct sale, so I don't need a company for it. Same would go for YouTube. Exception is if I have employees (e.g. someone who reads over my text and wants a salary, or someone who edits videos full-time, etc., etc.), then - unless they are freelancers which would be pretty stupid for a full-time 'job' - I do need a company.



          However, for my other site, the one that will actually sell products, I will have to look more into the matter. I think that it would be doable just by registering myself as self-employed and reporting my income by the end of the year before I pay around 10-20% to the government, since I wouldn't be generating huge income in the first place. I would also have to pay social security for myself. If it's more than I think $50k a year, then you do have to register it as a company (I believe that's not applicable for advertising and affiliate linking however), but I highly doubt that I will make as much selling my product on this other website. And anyway, this is derailing a bit, (although I wouldn't mind talking to someone who knows about this, possibly in private). Another thing to consider is that I'm from Europe, not the US, by the way. So the laws are a bit different, though they may have common grounds for international sales, which is where I'm going with this 'other' site.
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          • Profile picture of the author Sid Hale
            Originally Posted by newn View Post

            That's true, though as for a business entity - as far as I know, I do not need any type of company for ad revenue or affiliate links. Technically it's not even taxable - they are not selling a product, they are just finding customers (and they are not employed) and redirecting them to something else. Same goes for ads, it's not a direct sale, so I don't need a company for it. Same would go for YouTube. Exception is if I have employees (e.g. someone who reads over my text and wants a salary, or someone who edits videos full-time, etc., etc.), then - unless they are freelancers which would be pretty stupid for a full-time 'job' - I do need a company.
            I've underlined the most important part of your post.

            What you need to understand is that YOU DON"T KNOW. You came here with a question, and then responded to each reply with your own rationalization as to why that reply didn't apply to your situation.

            As far as I can tell from your description of the situation, there are at least two aspects of the law that you need to acquaint yourself with...

            You're assuming that because you don't "sell anything", there is no taxable income.

            Your assumption (and reasoning) is invalid. Advertising publishers (i.e. any blog w/ Adsense) aren't selling product, but they are selling a service, and earn revenue (or at least publishes with that intent). Those publishers don't need to formally register a business entity (sole proprietor, partnership, or corporation), but their ad revenues are still taxable and must be reported.

            Secondly, the FTC has jurisdiction over "Trade" and really doesn't care whether you have registered a "company", or not. They will enforce the legislation with regard to material disclosures and privacy policies and can prosecute individuals OR "companies" - regardless of any rationalization you care to make.
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  • Profile picture of the author newxxx
    sadly, if you have any california visitors:

    New online privacy policy requirements take effect January 1, 2014 - Lexology
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  • Profile picture of the author khustikheu
    Originally Posted by newn View Post

    Please read everything before replying!

    Goal: have websites compliant with the laws (I heard there are some new ones, too).

    Note that it's not for a company, that's for 1) a blog site and 2) for a totally separate online store that is not a company.

    For 1) I'm using default Wordpress comment forms (you enter the username and email if you wanna comment), AdSense and Google Analytics. That's it (unless Facebook, Twitter share buttons count).

    Can't I just write that I'm using those services and that they may collect some sort of data on their own discretion? Must it be a full-on privacy policy page?

    As for 2) I will be using wpcommerce plugin, so I believe it collects more data - what you put in the cart, address (I mean, I've to know where to ship it, right?), etc. so it's a bit different, but still - do I have to use a generator?

    --

    Anyway if I have to use it, which one should I use? I'd only use a 100% free one.
    Hmm, your case is a little complicated and I can only tell you what I personally use:

    https://termsfeed.com/privacy-policy/generator/

    Good luck
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