A privacy policy is a document that outlines how an organization collects, uses, discloses, and manages a customer's data. It's essential for building trust with users and complying with legal requirements.

While it's not exactly breaking news, discussions about privacy policies have been popping up more frequently since the start of GDPR (General Data Protection Regulation) in Europe in 2018. And despite it seeming coincidental, it's not! After all, this term is directly linked to several other regulations that came into effect since then. However, if you're not familiar with it, don't worry as we're here to help you.

Below, you'll find everything about this type of policy, how it works, and its importance. Also, take the opportunity to learn how to develop one for your company and thus, comply with the legislation that's already in effect in your country or even, state.

Privacy policies are crucial for compliance with various global privacy laws, such as GDPR, CCPA (California Consumer Privacy Act), and LGPD (Brazilian General Data Protection Law). They help protect consumer data and ensure transparency in data handling practices. By clearly explaining how your company manages data, you can foster trust and demonstrate your commitment to privacy.

It's time for you to understand once and for all what these terms are and why you shouldn't ignore them when visiting a website! After all, your security and your data's security are at stake. Want to understand how? Read on!

Privacy policies apply to the online and offline environment and concern the protection of your data. In general terms, they correspond to a company's statement regarding how it handles your information, and now, with all these new regulations blooming, specifically, your personal data.

But how is that so? Well, your online and offline activities leave traces… You fill up forms to win "free gifts"on hotels and restaurants, subscribing to newsletters; sounds familiar?

That is all personal data that stores, websites and social networks store, generating information about you. Similarly, these are recorded by CRM systems, or mostly in your browser. However, this can't happen inadvertently because merely "browsing these environments" already generates data and, consequently, personalized data collection.

In other words, the legislation protects us citizens from companies simply collecting information and using it as they see fit. Of course that the online environment favors its applications, but, nonetheless all data collection must be considered.

This, in fact, is the focus of all regulations like GDPR, TDPSA, CCPA, LGPD. This makes it even more evident that a website should have an easily accessible privacy policy that formally organizes this information.

First and foremost, data collection can only occur with the user's explicit authorization. Whether through express consent or other Legal Basis that support data collection by the company. Therefore, you are a key player in determining what information can be collected, stored, and eventually be used.

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Here's a significant gain provided by Privacy Regulations for all citizens - the power to exercise their rights of access or restriction to anything related to their personal data. Citizens can now actively participate in the decision, freely and protected by the law.

However, it doesn't stop there!

According to most laws, companies are not only responsible for collecting data within the visitors' will when they visit their websites, installations or networks.

They must also clearly demonstrate how they store and for what purposes they use such data. After all, they belong to someone! Their use must align precisely with their intended purpose, ensuring that the information is not misused or leaked, which could lead to serious problems.

Before we dive into how this policy affects you and how to write a good one, let's clarify something. Many people confuse cookies and such policies. Although they are closely related, they are not synonyms.

Remember the data we mentioned earlier, the focus of the privacy policy? Well, some of it is collected through cookies! After all, the website needs to know which data you've given permission to access. Similarly, it needs to know what "marks" it can leave in your browser.

These data are usually collected for commercial or digital marketing purposes, i.e., for promoting products and services online. However, they also often contribute to navigation and the visitor's experience.

But how does this work? You've probably visited websites where you're already registered, and when you do, you see your login and password automatically filled in. This is nothing more than the action of these "marks" on your browser.

The same thing happens when you look at a product, think about it, and leave it in your online cart. It probably kept following you after that, right? Whether through advertisements on social networks or on websites, it surely didn't stop appearing.

Again, we have the action of cookies, which provide access information to web pages. Therefore, as they relate to personal data, Privacy Regulations care about them.

So, where does the privacy policy come in? Well, it's precisely the information that the website provides to the visitor about how it handles data, how it stores and secures it, and its intended use. Both for data that enables direct identification - i.e., data that directly identifies the individual (Name, Email, ID, Tax ID, etc.), and indirect data that, when combined, can lead to an individual (IP, Address, Position, Profession, etc.).

In other words, the policy acts like a code of conduct.

It's important because it's a public commitment by the website to the visitor. By having it, the site assumes a responsibility that must be strictly followed.

Now that we know more about privacy policies, data collection, cookies, and how regulations has made them so important, the question arises: how to create a high-quality policy? This is a crucial issue if you have a website, regardless of its purpose.

First and foremost, it's crucial that the terms are clear. Avoid using legal jargon and opt for simple language. This ensures that users can easily understand how the website handles their data and reduces the likelihood of them being overlooked.

Leaving no room for doubts or suspicions is crucial and also helps in building the page's image. So, remember to adopt a simple and very clear language.

Your privacy policy should clearly list the types of data your organization collects. This includes:

• Personal Information: This can be anything from names and dates of birth to location data. It's the kind of data that can identify an individual.

• Technical Data: Information like IP addresses, browser types, and device details fall into this category. These are used to improve user experience and ensure site functionality.

Tip

Always check your local official regulatory documents. and look for their definition of Personal Data and mainly the Sensitive Data. It should not vary from country to country, state to state, but it is always good to have it double-checked. Because, you may find different guidelines for specific cases and market applications.

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Interested in learning how AdOpt can help your business' privacy policy? Schedule a demo with our specialist today!

Explain how you collect data from your users. Common methods include:

• User Entries: Data provided directly by users, such as filling out forms or creating accounts.
• Cookies and other Tracking Technologies: These are small files stored on users' devices that track their activity on your site. They help in personalizing user experience and improving website functionality. (LocalStorage also counts as a tracker…)

It's important to be transparent about why you're collecting data. Typical purposes include:

• Marketing: Using data to create personalized ads or email campaigns.
• Service Functionality / Performance: Enhancing user experience by remembering preferences and login details.
• Analytics: Understanding user behavior to improve site performance and content.

Ps.: Once you have a Cookie Banner with all your tags/cookies correctly categorized, you should reply the same categorization scheme from the policy to the banner.

Detailing your data sharing practices helps users understand who else might have access to their data. This includes:

• Third-Party Partners: Data shared with advertising networks or analytics providers.

• Service Providers: Companies that host your website or provide customer support services.

Ps.: Some companies create a separated document with all third-party Sub-processors that may interact with user data. Here is AdOpt's, to help you understand this stage.

Assure your users that their data is safe by explaining your security measures. This can involve:

• Storage Locations: Where and how data is stored, such as in secure data centers or cloud services.

• Security Protocols: Measures like encryption and access controls to protect data from unauthorized access.

Every regulation determines guidelines for DSARs or DSRs which stands for Data Subject Access Request, or simply Data Subject Request. So, make sure you always check your local official regulatory documents! Look for their definition and guidelines for User Rights.

Mainly because they may vary depending on how the request is made, the mandatory time to respond depending on the company size, parallel regulations, etc. In short, all DSRs can be compiled into two main categories:

Data Opt-Out / Deletion Data Access / Download.

For both of these cases you need to give Instructions on how users can ask for their data to be deleted. And, if needed, the steps for opting out of cookies and other tracking technologies.

Your privacy policy should include:

• Effective Date: When the policy takes effect.
• Policy Updates: How users will be informed about any changes to the policy.

This is important because it will guide the way a company may change certain data processing over time.

For example, if you gave consent to a policy, prior to a major change, like a new advertising provider selected to run the ads and marketing. Do you agree that you shouldn't receive any ad from this company? Therefore, the company's campaign public should have a segregation, actionable data collected "prior to" and "after" the change date.

Another essential aspect when developing a privacy policy is to provide complete information. In other words, don't leave anything out and provide a full understanding of what's being done with the data and how it's being handled.

Among the essential pieces of information are:

• Information about the company behind the website;
• Data collection sources;
• Data usage (purpose);
• Cookie policies;
• Information about visitor's rights;
• Storage duration.

You might wonder, with the list above, how do I identify all this? Where do I start? The simplest answer would be to understand that the Privacy Policy is the result of a series of other readings and data mappings you should go through to write it more securely.

Data Mapping or Data Inventory, the DPO's Lifesaver

Is there and Ideal Privacy Policy for Your Company?

Creating a comprehensive privacy policy can be daunting, but there are tools to help:

• Templates and Generators: Many online tools can help you draft a privacy policy. But, please make sure you can edit the final text with a more concise and tailored version reflecting your business details.

• Legal Consultation: It's wise to consult with legal experts to ensure your policy complies with all relevant laws.

• Customizing for Specific Needs: Tailoring the policy to fit your business practices and specific data handling processes.

• Keep it updated: A Privacy Policy must evolve with the business so that it reflects all process changes and needs.

To maintain compliance and build user trust, avoid these common pitfalls:

• Vague Descriptions: Be clear and transparent about your data practices.

• Ignoring Updates: Regularly update your policy to reflect any changes in data handling.

• Non-Compliance: Ensure your policy meets all legal requirements and industry standards.

• Legalese: Ensure your policy is written using simple terms in order to increase acceptance and comprehension.

Understanding the legal landscape for privacy policies is essential as it varies across different regions. Here's a breakdown of key jurisdictions and their enforcement:

In the United States, privacy regulations can be complex due to the mix of federal and state laws:

• Federal Laws: The Health Insurance Portability and Accountability Act (HIPAA) protects medical information, while the Children's Online Privacy Protection Act (COPPA) safeguards the privacy of children under 13.

• State Laws: States like California have implemented robust privacy laws such as the California Consumer Privacy Act (CCPA). Other states have their own specific regulations that businesses must comply with, making it essential to be aware of the laws relevant to each state where you operate.

In the articles below we can help you understand some of the new local state regulations.

• Texas TDPSA: All you need to know.
• Florida
• Colorado
• Oregon

The European Union has some of the strictest data protection regulations in the world:

• GDPR: The General Data Protection Regulation (GDPR) applies to all EU citizens and imposes stringent requirements on how businesses collect, store, and manage personal data. It mandates transparency, user consent, and gives individuals significant control over their personal information. Non-compliance can result in heavy fines.

Countries outside the US and EU also have their own privacy laws that businesses need to be aware of:

• Australia, Canada, India: Each of these countries has established privacy regulations that require organizations to handle personal data responsibly. For instance, Australia has the Privacy Act, Canada has PIPEDA (Personal Information Protection and Electronic Documents Act), and India is working on its own data protection bill. Staying informed about these laws ensures global compliance and fosters trust with users from these regions.

Interested in learning how AdOpt can help your business' privacy policy? Schedule a demo with our specialist today!

Privacy, simply put, is the right to be left alone or free from intrusion. Specifically, information privacy entails having some control over how your personal information is collected and used.

A standard privacy policy is a document that outlines how your website collects, uses, shares, and protects personal information. It must adhere to specific legal requirements depending on applicable laws.

Creating a privacy policy involves drafting it in clear, understandable language. Regular updates to reflect legal changes, business modifications, or protocol adjustments are essential. Users should be informed of updates, including an effective date with the policy.

Under the GDPR, data processing must adhere to principles of fairness, accountability, and specific purposes outlined in your privacy policy. Only necessary data should be collected, and transparency is paramount.

A comprehensive privacy notice should include your contact details, types of collected personal data, sources of data, purposes of data usage, lawful basis, data sharing practices, data retention duration, and disposal methods.

Yes, you can craft your own privacy policy using templates. Legal expertise isn't mandatory, but ensuring all necessary clauses regarding data handling are included is crucial.

Practical tips include designing products/services to minimize privacy risks, publicly sharing a privacy policy, collecting de-identified data where possible, obtaining consent for new data uses, and facilitating easy contact for privacy inquiries.

To enhance your privacy policy, make it business-centric, specific, and meaningful. Address more than just cookies, provide privacy choices, facilitate access, update information regularly, ensure ease of contact, and use plain language for clarity.

A privacy policy elucidates how personal information collected through mobile apps or websites will be used. It serves as a legal document, sometimes called a privacy statement or notice, safeguarding both company and consumer interests.

Companies without a privacy policy risk fines from government agencies and potential lawsuits from customers feeling their privacy have been violated.

ISO/IEC 27701 provides a framework for managing data privacy, also known as a privacy information management system. It ensures compliance with privacy standards.

A privacy policy outlines how a company processes and safeguards personal data collected. It should include clauses on data collection, processing, and protection measures.

The seven main principles of GDPR are: Lawfulness, fairness, and transparency; Purpose limitation; Data minimization; Accuracy; Storage limitation; Integrity and confidentiality; and Accountability.

Unlike the GDPR, other privacy laws may not include provisions for sensitive data, pseudonymized data, automated processing, or clear definitions of data processing types falling under their scope.