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Have a privacy statement prominently posted on your site? No? If not, get one. Now.

California recently passed legislation requiring anyone collecting potentially sensitive information online to have a clear privacy statement posted on the website. They are not the only state doing so, and if you do online sales, it is likely you do business in California and other states that require a posted privacy statement.

In Rain POS, it's super easy to put up your own statement and link to it in prominent places. First, you'll need the text for your statement. The Better Business Bureau offers this free online outline of how to write a good privacy policy statement. If you want some help getting started with content that is specific to your area, Rocket Lawyer offers this great free tool. While you're at it, if you don't have an Online Terms and Conditions statement, here is a free one offered by Rocket Lawyer.

 

Key Questions About Privacy Policies

Is a privacy policy required by law?

Privacy Policies are Legally Required. Privacy laws around the world dictate that if you collect personal information from your website visitors, then you need to have a Privacy Policy posted to your site. Many third party services used to enhance website performance also require you to have a Privacy Policy. (Source - Thomson Reuters Legal)

 

Is it illegal to not have a privacy policy?

There is no general federal or state law that requires a company to have a privacy policy in all circumstances. But there are several laws that require one in some circumstances. ... The notice applies to the “nonpublic personal information” the company gathers and discloses about its consumers and customers.” (Source - Snell & Wilmer Law)

 

Does my state have privacy policy laws protecting me?

There is no single law regulating online privacy. Instead, a patchwork of federal and state laws apply. Some key federal laws affecting online privacy include: The Federal Trade Commission Act (FTC)[1914]– regulates unfair or deceptive commercial practices. (Source - Thomson Reuters Legal)

 

What do I need to know about California's new data privacy law?

The California Consumer Privacy Act (CCPA), which was signed into law in June 2018 by Governor Jerry Brown, is the first United States law following in the footsteps of GDPR. ... Additionally, the CCPA requires that the California Attorney General publish regulations between Jan. 1, 2020, and July 2, 2020. (Source - Law.com)

 

Is a privacy policy legally binding?

...you're required to post a legally binding Privacy Policy that informs users of the information you're collecting and that protects their personal data. ...Privacy Policy requirements of third-party services your website/app uses. (Source - FreePrivacyPolicy.com)

 

Does every website need a privacy policy?

Yes, the vast majority of websites need a Privacy Policy, with a few exceptions. The main exception is that you don't need a Privacy Policy if you are not collecting any personal information from website users. Personal information includes things like name, email address, and phone number. (Source - Quora)

 

What states have data privacy laws?

At least 31 states have already established laws regulating the secure destruction or disposal of personal information. And at least 12 states: Arkansas, California, Connecticut, Florida, Indiana, Maryland, Massachusetts, Nevada, Oregon, Rhode Island, Texas, and Utah have imposed broader data security requirements.(Source - iApp.org)