Privacy Policy Changes And Terms of Service Updates

Website attorney updatesYour website attorney probably gets asked this question a lot. When you’re updating your website’s terms of service (a.k.a. terms of use, terms and conditions of use) or privacy policy, how do you let your website visitors and customers know about it?

For those who have opted into one of your email lists, send out a brief notice that…

1. Tells them you’ve updated the documents.
2. Briefly explains in plain English what you’ve changed.
3. Includes a link to the changed document on your site so they can read it.

For those who visit your site but aren’t on your lists, post a notice on your home page. Here’s an example…

“Our Privacy Policy has been updated. Please click here to see what’s been changed.”

Of course, you’ll want to link from the statement to the policy that’s been modified.

Be sure to use a decent-sized font and don’t try to hide the notice by matching the font color to your site’s background. Make it easy to see.

In other words, treat your visitors and customers with the same respect you like to receive when the websites you go to change their terms and policies. If you have any questions, talk with your website attorney to ensure you’re doing the right thing by your visitors and customers while minimizing your legal risks in the process.

If you haven’t updated your website legal documents to reflect the Federal Trade Commission (FTC) guidelines that went into effect on December 1, 2009, chances are what you have on your website is obsolete.

To your online success!

-Mike the Website Attorney

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Website privacy policy news you can use

Website attorney privacyTalk with your Website attorney about these developments. As I mentioned the other day discussing seven Internet biz trends you should watch for in 2011, three U.S. government agencies are gearing up to crack down on the Internet…the FTC, the FCC, and the FDA. The FTC has just come out and endorsed the FCC’s plan to regulate the Internet.

Now it gets more interesting on two fronts today…

1. The Obama Administration’s Department of Commerce released an 88 page report that supports the FTC’s plans … plus plans to create a new government Privacy Policy Office. Implementation would include additional funds for the FTC to enforce privacy laws against Internet business owners.

2. The United Nations is exploring ways to control the Internet and using the WikiLeaks fiasco as the reason for doing so. They want to create a new international group that sets uniform standards and then enforces those standards on the Internet.

What should you do?

Have your Website attorney review your site. Get your ducks in a row by making sure your website privacy policy is accurate and that you follow it when dealing with website visitors and customers. That way you’ll be prepared.

To your online success!

-Mike the Website attorney

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10 things to do before January

Website attorneyAs the year wraps up, here are a few things you’ll want to check on with your Website attorney and CPA before the holidays hit. Be nice to yourself by doing these so you don’t end up on someone’s naughty Internet business list.

1. Did you update your website legal documents to accurately reflect your privacy policies, current business address and contact information, and designate your DMCA agent?

2. Did you observe business entity formalities to protect yourself from personal liability? If a corporation, did you keep corporate minutes and resolutions? Did you hold board of directors and shareholder meetings? Did you issue shares? If a limited liability company, did you update your membership agreement and keep written records of major business decisions?

3. If you set up your business entity in one state but are running all of your operations in another state, did you qualify to do business in the state where you’re actually running everything?

4. Did you get your tax status set up correctly or updated to reflect changing circumstances? Sales tax ID? W-9s and W-8BENs from your affiliates? TIN/EIN?

5. Did you register your copyrights and trademarks to protect them?

6. If you’re doing business using an assumed name (a.k.a. DBA or fictitious name), did you register the name?

7. Did you protect your privacy by removing all online references to your home address and personal phone numbers? Did you go through your social media (Facebook etc.) and delete pictures and text that portrays you in a negative light?

8. Did you put written agreements in place for any freelancing your doing or projects you’re outsourcing? Did you put a social media policy in place for your business to protect yourself from rogue employees or independent contractors?

9. Have you made your end-of-the-year business purchases that you can write off as office expenses? Talked with your accountant about ways to slash your taxes for this year and next?

10. Did you check the Web using Copyscape.com or a similar service to see if someone’s been stealing your content and re-using on their sites without your permission? Have you check for pirate copies of your stuff on eBay, torrent sites, and usenet groups?

Be sure to discuss any questions you have with your Website attorney and accountant.

To your online success!

-Mike the Website attorney

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Free! Get Internet legal and marketing updates plus 3 chapters of the #1 Internet legal protection book for business website owners. Over 40 pages packed with strategies you can use to protect yourself without a lawyer.