Which policy is the right policy?
As an agency, your clients may ask you which policies they actually need for their website. This page is intended to help you understand the general purposes for each policy so you can help your clients!
Privacy Policy
If your website has a contact form, it needs a privacy policy.
Terms & Conditions
If your website links to third-party websites, it should have a terms & conditions policy.
Cookie Policy
If your website uses cookies to track users, it should have a cookie policy.
Disclaimer
If a website offers any type of affiliate links, it should have a disclaimer.
Understanding Website Policies
Privacy Policies
Contact forms ask for a ânameâ and âemailâ, which are examples of âPersonally Identifiable Informationâ (PII). Multiple countries and states have enacted privacy laws that impose heavy fines for not having an up to date compliant Privacy Policy. Also, over a dozen states are proposing laws that can apply to businesses regardless of their location. Several of these proposed laws will enable its citizens to sue businesses of any size located anywhere. Itâs simple: if you ask for PII via a contact form, and you want to avoid fines and lawsuits, provide a compliant Privacy Policy.
Terms & Conditions
Terms & Conditions limit a companyâs liability. If a user clicks a link to a 3rd party site that is hacked, and then that user gets hacked, a Terms & Conditions helps prevent that business from being sued.
Bonus fun fact: A Terms and Conditions (aka Terms of Use) can provide a DMCA Notice, which can help your business from being sued for improper use of copyrighted material (like licensed images).
Disclaimer
Websites providing information that could be considered health advice or legal advice (law firms!), are also good reasons to have a Disclaimer. A lot of affiliate programs will require you to have a disclaimer, and consumers want to know when youâre getting paid for links you put on your website.
Cookie Policy
A Cookie Policy further explains what cookies you use on your website and for what purposes. If you need to comply with privacy laws such as GDPR, UK DPA, PIPEDA and/or CCPA (while assuming your website uses cookies, as most do these days), you are required to provide these details so website visitors can understand what cookies you are placing on their browser.
Termageddon’s Privacy Policy questionnaire helps determine what privacy laws you need to make disclosures for and helps determine if you are required to provide a Cookie Policy (and consent solution) or not. This can help when you don’t know whether or not you need one!
Three facts all professional web agencies know
1. Collecting PII
Any website you build that collects as little as an email address on a contact form is collecting âPersonally Identifiable Informationâ (PII).
2. Subject to Multiple Laws
States across America are proposing privacy laws to protect its citizens and their PII. Some states are proposing laws that will enable its citizens to sue businesses (of any size) located anywhere in the United States. On top of that, multiple countries have implemented their own strict privacy laws which can apply to businesses outside of those countries.
3. You Can Protect Your Agency
Suggesting a Privacy Policy to your client not only protects your client, but it also protects your agency!