Unriddling Website Policies: Interview with A Business Lawyer

Let’s admit it. We all glaze over the legal policies on websites.

We’re eager to close those pop-ups, agree to the never-ending, ever-scrolling data collection policies, just to finally checkout what’s in our cart or sign up for a freebie. We make more of an effort retrieving our password or proving we’re human (those CAPTCHAs can cause anxiety, right?)

So when it comes to building your website, you’re wondering 'Why should I purchase customizable website policies that nobody reads anyway?’

Although almost no one reads those policies, be it a privacy policy or a data-related policy, they’re what allow your website to legally exist. 

The internet is borderless which means you can have website visitors from anywhere in the world (yay!). But other countries’ privacy laws affect your website if people in those countries visit your website (say what?!). 

With ‘privacy’ becoming a bigger buzzword these days, the laws around it are changing. It can be confusing to keep up with data protection laws, as a website owner (especially when you’ve got a business to run!). So that’s why I want you to get to know Jaime Bell of Wild Coast Law and The Contracts Market. (It’s an affiliate link so I get a commission with no extra cost to you!). She has made it her business to keep your business’s website legally compliant. 

I asked Jaime the questions that most people may have about website policies.

Here’s what she had to say: 

When similar websites exist, why should I customize my site's privacy policy?

Your website is unique. As the person who runs it, you’re the only one who knows what data collection goes on, why you collect the data you collect from your website’s visitors, and how you store it. Since your website is one of a kind, so are your data collection purposes. Therefore you need a specific privacy policy. 

Shouldn't a privacy policy be enough, how exactly does a terms and conditions policy on my website protect me? 

A Terms of Use policy governs your relationship with anyone (in the general public) who visits your website. Depending on the kind of services you offer, your terms get into the details about how the general public can interact with your site. 

If you’re an online business selling products, what’s the refund policy? 

How can they use and reference (or not!) the content or free resources you provide on your website (like freebies such as lead magnets)? 

What are the consequences of using the information improperly (i.e. stealing it or making or using it for content on their own social media)? 

A terms of use policy is also where you should put disclaimers on your website to protect you from how your information is interpreted and used, i.e. if you’re in the health and wellness field and give tips on healthy living, you would want to ensure you have a disclaimer to notify users that you are not diagnosing or treating a user specifically, that they should consult their doctor before changing their health habits and your information is for education and information purposes only. 

Since everyone knows their online activity leaves a trace, why should I let my website visitor know about the cookie policy?

The Office of the Privacy Commissioner of Canada has a comprehensive overview of what a “cookie” is, available at this link.  

Aside from following ethical business practice with the users of your website, Canadian privacy law requires consent from consumers (users to your website) for the collection, use and disclosure of personal data. Again, the safest way to obtain this consent is through express, informed consent (i.e. a pop up with a box to be ticked showing acknowledgement of use). Specifically the EU’s GDPR and California Consumer Protection Act require the pop up to show express consent. There can be steep fines for this, so it is much easier and less risky to get a great website privacy policy in place. 

Do I need a privacy policy if I run analytics on my website?

If you collect any form of information from your site visitors, then yes, you need a privacy policy. The data you are collecting likely contains personal information, such as users’ location, so your website's privacy policy needs to cover this. 

Do I still need website legal policies if I host my website on another platform like Squarespace, Wordpress or Shopify? If not, can I still incorporate a customized policy?

Yes, you need a privacy policy specific to your site. While these sites have their own privacy policies, these policies govern their site, and not your unique website. 

You will still need to have a customized policy for your own site that outlines how you collect data and the purpose, based on how you’ve set up your site to interact with your users. 

Clients rave about your contracts on Contracts Market. How did you manage to cover the nuances of different industries?

I spent A LOT of time thinking about the service and e-commerce industries, began compiling the most common and comprehensive template possible, and then allowing for customization throughout so the final output is unique to the business implementing it. That being said, it is up to the user to ensure it reflects exactly how they collect, use, and store data. So customization is still needed and also a general understanding of how they use the information to run and to support their business.

Thanks Jaime for a simple yet detailed breakdown of website policies! 

If you are a website owner, you need a Privacy Policy, Terms and Conditions, and a website disclaimer, at the very least. Over the course of setting up your website, take notes of security practices like data collection, data storage, and how site users' personally identifiable information is protected.

When you purchase a website policy from The Contracts Market, you get to customize it with the help of a guide, so that it’s as unique as your business. You also get a helpful checklist that helps you cover all your bases, from getting the visitor’s active consent, learning whether your data collection techniques are updated, and a well-rounded perspective of how the data protection laws work! Investing in comprehensive, customized policies at the start can help you save thousands of dollars in legal fees later on. 

If you’re a freelancer without a website, check out Jaime’s service agreements. 

There was a time when I worked without contracts. I thought trust was a good enough premise to base a project on. Man, was I wrong. Clients would ghost me, or ‘forget’ to pay invoices because there was no signed agreement. A contract, especially one crafted by the talented Jaime, has taken a whole load of worry off my plate. 

 And I’m sure it will do the same for you too.