Why Your Website Needs Terms & Conditions AND a Privacy Policy | Guest Post by Christina Scalera

May 30, 2018

Happy Wednesday, friends! So often when I’m working on a custom branding client’s website design, we find ourselves needing to add in some solid content to cover their terms & conditions, as well as the privacy policy for their site. Although I’m no lawyer and I can’t break down the legal intricacies of why your site needs these documents in order to comply with federal law, I know full well that this is a portion of my clients’ sites that we cannot do without! Rather than copy and paste someone else’s words on your own site, it’s important to understand why you need these legal documents on your site and how you can easily get your hands on resources that take the headache out of this process.

Thankfully, my friend Christina Scalera has us all covered here! She’s guest posting today to share exactly why your website needs terms & conditions, and a privacy policy, to be legal. 

Take it away, Christina!


You've heard about "terms and conditions" and "privacy policies" before, but ever wonder why your small business website needs them to be legal? Today on the blog, I'm chatting with creative attorney Christina Scalera to break down exactly why your website needs terms and conditions (and a privacy policy!) to comply with federal law and the GDPR. | b is for bonnie design

You’ve got the topics nailed down, the shiny new website, your fun new social media graphics picked out, and your adorable dog/cat/child is ready to play model for all the pictures you could possibly want to post… you’re almost ready to announce the launch of your brand spankin’ new blog!

But woah… hold up for just a minute, buckaroo!

Have you posted your Privacy Policy and Terms and Conditions on your site yet?  

Some of you are nodding along, and some of you are going, ‘Wait, what?! What the heck is that?’

There’s no need to get freaked out, these two bits of legal-ese aren’t hard to understand and use, but it is a good idea to have them displayed prominently on your blog. In fact, you could be violating federal law if you don’t.

So let’s talk about what they are, and what you need to do.

Privacy Policies

At their heart, Privacy Policies are intended to create transparency between users (in our case, readers) and yourself via your blog or website.

If you read blogs (and I’m assuming you do, since you’re starting one) then you know that you leave little bits of your personal information behind when you visit. Things like your IP address, your name (or username), and email. If you make a purchase, there’s even more personal information that can be collected by the site selling you something.

A privacy policy informs your visitors what information is collected from them when they visit your site, how you use that information (ie: emails for your newsletter), and who else has access to the information (like your hosting company).

The Federal Trade Commission (FTC) requires that any web page collecting information from consumers and/or that uses cookies, have a privacy policy available to visitors.

Not only is it legally required, but having one builds a greater sense of trust with your readers and makes you look more professional.

WHERE DO I GET ONE?

Creating and implementing a privacy policy doesn’t have to be hard. You can start with an attorney-approved template, and then customize it to your situation. This bundle covers your bases and makes it easy to address both your privacy policy and terms & conditions in one single swoop!

You can also take note of what other companies use for their privacy policy. While I’m not recommending that you simply copy/paste, you’ll likely run across a few things you haven’t thought of, and you’ll get a sense of how a Privacy Policy can be made to represent your brand. While this is the cheaper option, if you want to just get ‘er done and move on sans any worry or weird Frankenstein-ish policies you put together yourself, click here and snag your policies today.

Terms and Conditions

A basic Terms and Conditions policy tells people what they can and cannot do with your original content (like your photos, your content, or that cool idea you talked about in your last post.) If you also sell content, it can be extended to protect you in the event that someone wants a refund or shares your content illegally.

It’s not at all uncommon for photos and content to be shared — with or without the permission of the creator — and often without credit. If this happens to you, what recourse do you have?

This is where a Terms and Conditions can help protect your interests. If you’ve clearly spelled out that you need to be asked for permission before your content is shared, then you’re on firmer ground if you need send a cease and desist letter or claim copyright infringement.

Just like the Privacy Policy, having a Terms and Conditions puts you on the level with your readers and consumers, lets them know that you’ve given thought (and care!) to what you’re doing and creating, and gives them clear instructions on how they can interact with your content.

WHERE DO I GET ONE?

Here again, you can start with a solid, attorney-approved terms & conditions template and customize it to your needs which should covers everything you need and some things you might not have thought of. Take things one step further and snag a template that bundles both your terms & conditions, as well as your privacy policy here!

Now you’re ready to rumble!

I want to mention a couple other things before I wrap this up.

First, make sure that both the Privacy Policy and Terms and Conditions are posted and there’s a direct link (prominently posted) on your blog footer somewhere.

Second, don’t stress too much about making sure your policies cover every tiny thing. You can always update them as you go along. (It’s a nice thing for your visitors if you include a “last updated on” date, and make sure you mention that the policies can be updated at any time.)

Third, and finally, if you have visitors from the European Union, you should check out this article to make sure you have that extra step covered.

The moral of the story? Privacy Policies and Terms & Conditions are important. Don’t ride the range without one! (Or launch a blog… you know what I mean. ???? )

Grab a customizable privacy policy and terms & conditions template bundle right here and make sure your site is ready to go!

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My name is Bonnie – I’m a brand designer, strategist, and writer which all adds up to one eclectic conglomeration of qualities that enables me to serve you well! Past clients have dubbed me "the Joanna Gaines of brand design," and I've had more than a few call me a dream maker, a game changer, and a design wizard (my Harry Potter-loving heart didn't hate that one, let me tell you!). At the end of the day, I'm a big-hearted creative who will get teary-eyed as you share the heart behind your business; who will lose sleep over the perfect font pairings and color selections to bring your brand to life visually; and who will work tirelessly to empower, encourage, and equip you to share your work with the world intentionally. 

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