Do I need a Privacy Policy?

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Do you find yourself confused about having a privacy policy for your website? I see way too many websites that do not have a privacy policy on their website, and when I tell my clients that they need one they tell me well I know plenty of people that don’t have one. Why yes, some people choose not to get a privacy policy, but in my opinion that has a lot to do with the fact that they don’t even know what it is.

When starting my business I came across the same thing. Recently I took a legal training seminar that went over how to make sure you are running your business legally. As small business owners and entrepreneurs, especially the ones just starting out you can find yourself forgetting the boring parts of starting your business. Even though they are the boring parts, it is very important to make sure you understand what you need. Today I am just going to touch on making sure you have a privacy policy on your website.

So the question is Do I need a privacy policy on my website?

The short and sweet answer is Yes, and it needs to be accessible to the people viewing your website. Let me break it down for ya.

Just to be clear I am not a lawyer this is just to inform you on the specifics of having a privacy policy.

What is a Privacy Policy?

Wikipedia states that a Privacy Policy is a statement or legal document that discloses some or all of the ways a party gathers, uses, discloses and manages a customer or client’s data.

Why do I need a Privacy Policy?

The most basic answer for this is because it is required by federal law. If you are collecting any type of information from your customer or client through your website (email, credit card info, cookies, etc.) then you are legally required to have a privacy policy on your website.

There is a thing called the GDPR (General Data Protection Regulation) and this protects EU citizens that may come to your website. This is an EU law that came out a few years ago on data protection and privacy in the European Union and the European Economic Area (EEA). It addresses the transfer of personal data outside the EU and EEA areas. Now you might be thinking I’m a small business in Alabama or Texas why would someone from Germany be looking at my website. Well the internet is everywhere and to be honest you don’t know who is going to land on your website.

Who needs a Privacy Policy?

Anyone with a website that collects any information from a customer or client.

Ask yourself: Do you

Collect cookies?
Collect analytics?
Have a contact form?
Collect credit card information?
Ask for an email address?

It is very rare that a website would not need a privacy policy, as for all websites usually collect analytics and cookies.

When do I need a Privacy Policy?

You will need a Privacy Policy before you go live with your website. If you already have a website and you don’t have a privacy policy I highly recommend that you get one.

You will also need to update your privacy policy each year. Don’t worry you don’t have to do anything crazy, just make sure your date and your policy still covers everything you are collecting on your website. This is also why it is important when picking where you get your privacy policy from, because if the law changes (which it constantly is) you will want the provider to cover that law change for you. If they don’t provide this services then you will have to make sure you catch that change yourself.

*Tip: When picking where you get your privacy policy from, keep in mind you will need to make sure it is up to date each year. Make sure to pick a provider that will keep you aware of any legal changes with your policy.

Where do I put my Privacy Policy?

Your privacy policy has to be linked anywhere you are asking for information from your client or customer. It needs to be accessible to anyone that is visiting your website. Check out the video below on how to add your policy to your page and footer.

*Tip: As a designer I please ask you not to put this in your top navigation. Just gonna be straight up it looks tacky. Put your privacy policy at the bottom of your website in the footer. This allows it to be accessible on every page of your website, and out of the way being nested at the bottom of the page.

How can I get a Privacy Policy?

There are many places out there where you can purchase a privacy policy. However I would suggest that you get a privacy policy from somewhere that continues to update it as the law changes. I purchased mine from The Creative Law Shop (this is an affiliate link). By using the code PALMBREEZEDIGITAL10 you will receive 10% off your purchase. You can save money by going ahead and getting the bundle that also has a terms and conditions policy. While the terms and conditions are not legally required to have on your website, you should definitely have this on your website as well.

I will say if you look at this and think it is too expensive you have to understand that it is a lifetime policy and anytime the law changes you do not have to buy a new one. Also it is just a one time payment unlike others that you have to pay monthly or annually for.

If you decide to go with a different one you find on the internet, you should make sure that you also have GDPR covered in your policy as well. A lot of the cheap basic policies do not cover this. I will say if you are on a budget you can get away with this, but once your business starts to expand and you have the finances you should seriously consider getting a strong privacy policy.

Another website for getting a privacy policy I have heard good things about is Termageddon. You can also go to your local lawyer who can draft one up for you if that is easier for you and your business.

What happens if I don’t have a Privacy Policy?

You say a privacy policy is legal, but I’ve seen so many people not have one on their website. While yes a lot of people go without a privacy policy, doesn’t mean that you should. If you happen to get flagged for not having one you will be fined. There is no set number of the fine, but just think they are probably going to make it hurt.

While you could maybe get away with not having one I would not recommend it. Just think yes it is legally required and it is going to help your website look more legit and professional. In my opinion it would make me nervous to give my email or any information to a website that doesn’t have a privacy policy. This could really hurt your business by not looking professional and protecting your customers/clients.

Two main points to walk away with:

If you collect any information from your customers or clients through your website (email address, analytics, etc.) you are legally required to have a privacy policy.
Even though your business has nothing to do with the European Union your policy should have GDPR covered.

I hope this was able to answer all your questions on the importance of having a privacy policy on your website. If you have any further questions you can always reach out (hello@palmbreezedigital.com) and I would love to help you out!