Do I Need a Privacy Policy?

If you have a website or app, it's likely that you should include a privacy policy. In fact, there's a chance you're legally required to have one. I strongly recommend that all my clients create one either with the help of their lawyer or by creating their own regardless of the technologies they use on their site. Here's a quick rundown of when you need a privacy policy and what it should include.

When You Need a Privacy Policy

The best way to find out if you are required to have a privacy policy legally is to research all applicable guidelines or reach out to a legal advisor. But in general, a privacy policy is a good idea if you collect personal information about users. This includes things like names, email addresses, birthdates, and home addresses. Even if you don't technically need one, having one can build trust with users and set expectations about how their data will be used. That being said, let's look at some common scenarios where you'll need a privacy policy:

• You have a website that collects personal information from users through forms, such as contact forms or sign-up forms.
• You have an app that collects personal information from users, such as through account registration or in-app purchases.
• You sell products or services online and collect payment information from customers. 
• You engage in affiliate marketing, meaning you earn commissions for promoting other businesses' products or services on your site or app. 
• You use cookies or other tracking technologies (like Google Ads or the Facebook Pixel) on your site or app. 
• You run social media campaigns that involve personal information collection, such as contests or sweepstakes. 

What to Include in Your Privacy Policy 

There is no one-size-fits-all answer. What needs to be included in your privacy policy can vary greatly depending on international and local laws. For example, data protection laws in Europe and Australia tend to be much more strict than those in the United States. Businesses that serve different locations require different information in their privacy policies. 

Privacy laws can also change greatly over time. Most notably, in 2018, the General Data Protection Regulation (GDPR) came into effect, introducing a number of new requirements for businesses operating in the EU. As a result, companies throughout the world had to update their privacy policies to comply with the new regulation. When it comes to crafting a privacy policy, it's important to stay up-to-date with the latest legal developments.

How to Craft One for Your Business

I’d recommend either consulting your legal advisor or using a privacy policy generation service. I use Termageddon for my own privacy policy, and I've found it to be an invaluable resource. Termageddon dynamically changes privacy policies based on changes to applicable laws. It helps you make sure that your policy is always up-to-date and compliant with the latest regulations. If you are interested in using Termageddon, you can get 10% off your first year by using my referral link here.

No matter how you decide to create one, a privacy policy is meant to outline how you collect, use, disclose, and manage personal data and communicate that information to your users in a transparent way. It's something that most businesses with websites or apps need to have. While the specific clauses of your privacy policy will vary based on factors like where your business is located, technologies you use, and who your target audience is—including one can add clarity and build trust with potential customers.