If you don’t have a Privacy Policy, you’re probably breaking the law! (But that’s easy to fix.)

If you don’t have a Privacy Policy on your website or Facebook page, you’re probably breaking the law! (But that’s easy to fix.)
 
I’m betting on two things:

1. You have some sort of contact form and collect data from your clients or audience on your website, landing page, or Facebook page. 
2. You don’t have a Privacy Policy.

​Oops. That’s no bueno.
 
Many of us have landing pages, email sign-up forms, contact forms, giveaways or free downloads, chat widgets, Facebook lead gathering, website analytics, and other tools that gather user data, even if it’s just as simple as a name, email, and phone number.
 
If that’s the case, you’re breaking the law(s) by not having a privacy policy, as well as hurting the effectiveness of your Facebook marketing and more.
 
The good news is that it’s easy to create and post a Privacy Policy, which will check the box in terms of liability and legality.
 
Here’s the deal with Privacy Policies:
 
If you’re collecting (and storing) user data online, you’re required to post a privacy policy that consumers and viewers can see.
 
While there’s no one federal law that requires you to do so, there are several overlapping federal and state laws and individual user regulations. Those include:
 
1.       California Online Privacy Protection Act (CalOPPA)
2.       Privacy Shield
3.       EU General Data Protection Regulation (effective May 2018)
4.       Children's Online Privacy Protection Rule
 
And if you think this is a paper tiger regulation, think again, as the Federal Trade Commission (FTC) is slapping serious fines and shutting down businesses that aren’t complying. 
 
Third parties also require you to have a Privacy Policy
In addition, Google Analytics requires a privacy policy, as does Google AdSense, Google Play, Facebook, and even Apple if you’re releasing an app.
 
This is especially true in the wake of unprecedented data breaches, hacks, and identity theft. Just because you’re a small real estate agency/mortgage broker/individual agent, don’t think for a second that you’re immune from these same laws and rules.
 
You definitely want a Privacy Policy with Facebook
Some Realtors, lenders, and brands use their Facebook page for business without a website. In that case, you NEED a Privacy Policy listed on your page (you can easily add it to the Notes or About section). 
 
But, even if you have a website that does the data collection when someone fills out a contact form, you still want a Privacy Policy on both – just to cover all bases.
 
Aside from keeping you out of hot water with the FTC, Facebook actually will look for that privacy policy on your website in its algorithm and when it OK’s your Facebook ad campaigns (since many users will link through). 
 
So, without one, you’re probably hindering the effectiveness of your ads (and wasting money) and also holding your page back from reaching its promotional potential.

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What is a Privacy Policy?
A Privacy Policy is just a disclosure or agreement that documents how you (and your website/social media account/app, etc.) will collect, store, and handle the personal information of your audience and viewers.
Basically, you can’t just start collecting people’s personal information – even if it’s as seemingly innocuous as an email address – without adhering to your legal obligation to protect that information.
 
What should a Privacy Policy cover?

• What kind of information you are collecting
• How you’re collecting it
• What you’re doing to protect that personal information
• How you’ll use that data 
• Your policy on sharing their information with third parties (and whom)
• Consumer rights when it comes to personal data

Setting up your Privacy Policy
There are some basic requirements for setting up your Privacy Policy. For instance, the FTC mandates that it should be written in laymen’s language (I’m paraphrasing) and not written in confusing or hard-to-read “legalese.” 

Depending on what industry you’re in – like real estate, home loans, credit repair, personal finance, etc. – there will be modifications and specific requirements to your Privacy Policy.
 
Where can you get help setting up your Privacy Policy? (Me, of course!)
Instead of me writing ten pages about what to include in your Privacy Policy, how to write it, where to post it, etc., I’d rather just offer to help you out.
 
Just contact me and I’ll be happy to help you design and implement your own Privacy Policy. If you want to do business the right way, you really can’t afford NOT to!

-Your friend,
Norm  :-)

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