We have all seen the links at the bottom of websites for the “Terms and Conditions” and “Privacy policy,” but what are they exactly, and do you need one? This post will only be a general overview of the purposes of such legal notices, but I will come back later with more in-depth coverage of some the individual policies.
Terms and Conditions
The terms and conditions on a web site serve many purposes which can differ greatly from site to site. But, generally speaking, they serve to inform the users of a site of the legal rules for using the site. Some common sections of a terms and conditions agreement may be a copyright notice, trademark notice, rules on user conduct for sites that include user interaction, disclaimers of any warranties for merchandise sold on the site, choosing which state’s laws will govern if there is a dispute, disclaiming any responsibility for content on external pages linked to within the site, and any other notices that may be warranted given the industry of the company running the site, and the particular purpose for the site.
Most sites have very general terms and conditions that apply to everyone that visits the site, and these will be linked to on the bottom of the home page generally. Some sites, such as those selling merchandise, may need additional protection for the users who enter into transactions. This is what is happening when you try to buy something and a window pops up that requires you to agree to the terms and conditions before proceeding. Websites will do this so that they have proof that you were aware of the terms and conditions, even if you chose not to read them. Still other sites will require you to register the first time you visit and will present the terms and conditions just when you are registering.
It is important to have terms and conditions on your website, even if you copy and paste from someone else’s site. And while that may help a little, every site has different needs, so it is always the wiser course to seek an attorney who can help draft terms and conditions tailored to you. There are blogs, news sites, online stores, social media sites, travel logs, and every other type of site you can imagine, and each one will have need for terms and conditions to protect them against any dispute that may arise with the users.
Privacy Policies
Privacy policies generally for the purpose of informing users that you are gathering information about their activities on the site (e.g. pages viewed, things purchased, links followed, etc.), what you are using it for, and what the customer can do, if anything, to limit it. This is especially important for sites, such as social media sites, where users are presented with highly interactive interfaces. Websites will collect data about how the users use the site to help them optimize and improve it, but users need to be assured that their privacy is respected.
In conclusion, legal notices are there to protect both you and the user. They are an important part of any site, especially that of a business which is seeking to solicit business. And because every site is unique, so too will their legal notices be.
[...] when accessing some sites without doing anything more. When was the last time you actually read the “terms and conditions” of a website? Well if you do, you will often see language such as “By accessing this website, [...]