Reusable Example Privacy Policy and Terms of Use

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So you’ve decided your new Web site needs a privacy policy or terms of service. Why? Perhaps you are collecting personal information, or providing a service that visitors may come to depend on. (Or maybe you’re just a lawyer and obsessively use disclaimers, waivers, and contracts throughout your daily life. If you make your co-rec soccer opponents sign waivers before the game starts, I’m talking about you.)

Rather than write such documents from scratch, it can help to base it on someone else’s work. But while you can read most anyone’s policies and terms, technically such documents are covered by copyright protections just like your average Great American Novel (though a good deal less entertaining, I hope).

One might think that such documents are “useful articles,” and – like a bicycle rack/sculpture that was deemed too useful to be covered by a design copyright – should not be copyrightable. But, just like software, they are.

Fortunately, WordPress and parent company Automattic, famous providers of blogging software (which I don’t now do use, incidentally), have come to your rescue. Both their Terms of Use and their Privacy Policy are covered by a Creative Commons “attribution-share alike” license:

This makes them perfect to reuse and repurpose (but do not do so without seeking legal counsel as part of the process, since they need to be customized to your specific needs.) Such a starting place can make the whole process easier and more understandable (and therefore cheaper, since legal counsel is quite expensive). Kudos to Automattic and WordPress on this.

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Another potential option is the "Privacy Policy Plugin For WordPress," which produces a basic, Google AdSense-compliant privacy policy. This might work for some sites, especially small, personal blogs, although I still recommend you have an attorney review any policy you might rely on, especially if you are a commercial entity. (And I am not certainly not an expert in this area of the law.)
It's available at:
http://www.synclastic.com/plugins/privacy-policy/
In addition, Google has useful information at:
https://www.google.com/adsense/support/bin/answer...

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About Kristopher Nelson


I'm currently a graduate student of the history of law and technology at the University of California, San Diego. I also provide law and technology consulting services. Additionally, I'm a non-practicing lawyer and former developer/sysadmin at a biotech non-profit. For more about me and my work, see krisnelson.org or my Google Profile.

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