Website Privacy Policy Advice

Updated January 10, 2023

Unweaving A Tangle of Legalese

Is your website privacy policy up to date? If you’re using any kind of analytics — like Google Analytics — or specialty software on your website, then you must post a policy. With privacy issues making headlines and consumers feeling paranoid, you want to make sure your business is covered.

Privacy In General

There are some standard areas to include in your website privacy policy. In general, the purpose of your policy is to disclose what information you’re collecting and how you’re using it. In California there are several laws governing disclosure requirements; we’ll specifically address Internet Privacy. That said, I’m not a lawyer. Therefore, I recommend that you 1) read the regulations, 2) use common sense as to what’s appropriate for your business and 3) consult an attorney if necessary.

First, you need to identify if you’re collecting personally identifiable information (PII). If you’re using Google Analytics, data is collected but your business does not receive things like IP addresses and other data that can be tied directly to an individual. GA’s terms of use guidelines prohibit the collection and usage of PII. By the way, if you’re using GA and are caught collecting PII, your account could be terminated and data destroyed.  Google has several articles on how some website settings could be inadvertently collecting PII. It’s worth a read, especially if you’re new to Webmastering.

If you are using software that does collect PII and other information, then I highly recommend you comb through both state and federal Internet Privacy laws and have your attorney review the policy. How you handle and disclose that information can avoid a public relations black eye.

Lastly, we recommend having a link to your website privacy policy via your footer. That way it’s easily accessible from every page.

Are You Advertising Online?

If your company is advertising via Google AdWords or Bings Ads, then you’ll need to add a whole different section to your website privacy policy. This section includes information about:

• Remarketing
• Demographics & Interest Reporting
• Display Network

Online advertising utilizes a different set of data collection points to target users for ads. Google also wants you to point users to available opt-out settings. And, if you have AdSense on your site, then you’ll need to disclose that too as the DoubleClick cookie is used.

Other Specialty Items

More advanced Webmasters and online marketers commonly use specialty software to optimize performance. While this list isn’t exhaustive, it covers many of the major categories.

User Experience Testing Software

Programs like ClickTale and HotJar help businesses better understand how visitors interact with their website. Data collected — through heatmaps, visit recordings, surveys, etc — provide user interface (UX) insight. For example, we use A/B testing. If you’re using heat maps or other data collection techniques, you want your website privacy policy to include applicable details.

Call Tracking

We’re a big fan of call tracking. Otherwise, how can you accurately measure your online advertising? Additionally, you can set up call-only campaigns in AdWords. Doing so takes advantage of this staggering statistic: 70% of mobile searchers who made a purchase used click to call. If you use call tracking services like CallRail, then your website privacy policy should mention those details since PII is probably collected.

Copying Software

Worried about others stealing your content? For marketers who want to know if their content is scraped (copied verbatim), software like Tynt and Copyscape is particularly helpful. And in the process of capturing who is copying your copy, the software collects user information. Check your account to determine what identifying information is collected and then add a section to your privacy policy.

Landing Page Software

In the quest to improve conversion rates, some businesses build special landing pages with services like Unbounce. If these pages are operating outside of your website ecosystem (like WordPress), you may be collecting IP address, PII or other sensitive information.  Again, check your account and then add a section to your policy if appropriate.

Other Website Privacy Policy Advice

There are other important considerations when writing or updating your website privacy policy.

1. This is an opportunity to communicate to your customers and prospects. Yes, even a legal disclosure should reflect your brand’s personality. Is your policy written in legalese? Consider writing it in a way that it’s understandable and perhaps even entertaining. You’ll set yourself apart… in a good way.
2. Include an email if someone has questions about your policy.
3. Review your policy annually. Most likely your business will add or delete something. Make sure the information you post is accurate, especially if you activate AdWords. From time to time Google reviews privacy policies to ensure they adhere to their operating guidelines. If you’re out of compliance, they may suspend your advertising account.

Update Since GDPR

As you may have heard the European Union have recently made some changes to how data privacy is protected in Europe, and this may have some knock-on effect for US businesses. Especially if you’re selling to European customers. The GDPR states that any language in your privacy policy has to be “concise, easy to understand and clear.”

Does your privacy policy include something I haven’t mentioned?

photo credit – top: Suzanne Nilsson
photo credit – body: Lars Ploughmann