Are website terms and conditions and a privacy policy required on a website?
A privacy policy is required for websites in industries that collect personally identifying information regarding their users. These industries may include the educational institutions, financial service businesses and the health care industry. We might add that certain states, such as Texas and California, require a website to have a privacy policy if the website can be accessed by one of their residents. Since the Internet is global, it is highly recommended to have this in place on your website.
Do website terms and conditions and a privacy policy provide liability protection?
A properly drafted terms and conditions and privacy policy provide protection against potential claims that may arise from users of your website, so long as a court is willing to enforce them. Courts may look more favorably on a company that has a posted privacy policy that the company adheres to. A court is also more likely to enforce a well-drafted and easily accessible terms and conditions. That's why it is crucial that the terms and conditions clearly describe to users what is and is not permitted on your website.
What is the difference between terms and conditions and a privacy policy?
Website terms and conditions generally govern how users can use your website and what relationship exists between the user and your company. Properly written terms and conditions may cover such areas as payment, taxes, refunds, gift certificates, accounts, delivery of products and services as well as details about your company services, privacy policy, disclaimer, warranties, limitations on liability, etc. A privacy policy is your company's statement of intent on how you collect, use, store, protect, disclose and transfer both the personal and nonpersonal information of your users. A company's terms and conditions and privacy policy are typically as unique as the company that provides this information.