Your website’s Privacy Policy: Draft carefully and always abide by it.
Almost every e-Commerce website collects personal identifiable information from its users. Personal identifiable information includes name, address, e-mail address, phone number, social security number, date of birth, age, gender, income, occupation, browsing patterns, etc. Many websites have a posted privacy policy explaining what information is collected from the users of the website and how the information is used.
Once a company posts a privacy policy on its website, it will be held legally liable for its failure to abide by the policy. For example, Geocities’ website contained the statement “we will never give your information to anyone without your permission.” However, when it appeared that Geocities sold and disclosed the information to others, the FTC accused Geocities of misrepresenting its reasons for collecting information from adults and children. The matter eventually settled.
So with such a big risk, why should companies even post a privacy policy at all? After all, it is impossible to violate a privacy policy that does not exist. However, some jurisdictions require websites to have posted privacy policies.
For example, the California Online Privacy Protection Act requires websites to 1) identify the categories of information collected and with whom the information may be shared; 2) describe how to review and change the personally identifiable information; 3) explain how to find out about changes to the privacy policy; and 4) indicate the effective date of the privacy policy. Additionally, websites that collect information from children are subject to the requirements of the Children’s Online Privacy Protection Act (COPPA). The European Union also imposes privacy protection requirements for websites who operate in or have customers in the European Union.
Therefore, if your website obtains business from California residents, children, or the European Union, you must have a carefully drafted privacy policy and must abide by it.
Cyber Lawyer, Domingo J. Rivera, is an attorney specialized in Internet Law, handling cases throughout the United States.
From reading this Internet Law article, it seems to me that there is no way to be absolutely right when it comes to a website's privacy policy. First, not having a privacy policy could create problems in California and overseas. However, having a privacy policy is like creating rules that can only be used against you.
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When it comes to a website privacy policy, it seems to me that staying out of trouble is not very difficult. As long as the privacy policy accurately describes your use of personally identifiable information, you should be able to stay out of trouble.
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Are these website Privacy Policies even enforceable against website users who don't even read them?
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When you first begin comparing lawyers and want to find the attorney that will best meet your needs, there are a few tips that will make the process much easier. By doing some research and taking the time to find the right attorney, you will have a better experience than just randomly selecting an attorney from the phone book.
Planning
Think about what you need a lawyer for. Attorneys specialize in different areas of the law. You will want to focus on attorneys that have a specialty with the problem you have. You may need an attorney that has experience with litigation that takes place in court. Or, you might want an attorney that specializes in working with insurance companies. Once you determine what type of lawyer you need, it will be easier to compile a list of possible attorneys to represent you.
Make A List
When you are compiling your list of attorneys, it will be important to do some research them. Talk to co-workers, family, and other people you know who have used Lawyers for problems such as yours and find out if they have recommendations of good lawyers.
Once you have your complete list. Check each attorney with your regions' Bar Association to see if there have been complaints against the Lawyer. You will also want to check the Better Business Bureau and Google the attorney to find out if there have been any issues.
Contact the Lawyers
Call the attorneys office to make an appointment with the attorney. Attorneys normally do not charge for an initial consultation. If you call a lawyers office and they do not provide a free initial consultation, take the name off your list.
The initial consultation is like an interview. During the this time you will be able to ask the attorney about their background and experience in working with cases such as yours. You will want to ask about their experience with litigation, settlements, working with insurance companies, and other questions related to your case. This will also be the time for you to get a feeling for whether your personalities will align.
Attorneys charge different fees and you will want to ask about the fees for service as well as the hidden fees involved in representing you. Some attorneys charge several hundred dollars for making phone calls or copying documents. It is important to know what all of the charges for their representation will be and not just the base charge.
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