Privacy Policy Privacy Policy

Privacy and Cookies Notice – Things you should know

In today's digital age, understanding the importance of privacy and Cookies Notice is paramount for any online business or website owner. This article delves into why a Cookies Policy is beneficial, provides illustrative examples of Cookies Notices, and unpacks the essential clauses of a Privacy Policy. Plus, get answers to common queries about writing your personalised policy.

Privacy policy and cookies notice are important documents every business owner must ensure are created before making a website. A privacy policy ensures the privacy of the website’s visitors. A cookies policy educates the visitors of your website about the cookies that are being used; the purpose of the cookies; the data of the visitors being used, etc.

Developing a privacy policy and cookies notice is critical for both the company and the end user. You cannot operate a website without creating these necessary documents. Having a privacy policy helps businesses maintain transparency and trust with the users visiting their websites. The business needs to grow and flourish.

Understanding the Concept of Privacy Policy

A privacy policy is an integral part of any website that provides detailed information about the company’s terms and conditions for the data they receive from the visitor. Visitors must know what is being done to their data, how and why it is collected, how it is protected, etc. The privacy policy is a legal document, and every business must have it.

While making such a policy, the business owner should make sure that this legal document includes all important details about the establishment, specific details about the data of the visitors, how the data will be stored, and contact details of the establishment in case the visitor wants to contact you due to any discrepancy, so on and so forth.

But most importantly, while creating the privacy policy, you must ensure that the content is easy for the readers to consume and that any ordinary person can understand what is in the policy. You must avoid using technical words or heavy jargon that somebody from a non-technical background may not understand.

What Should You Include in a Privacy Policy?

A privacy policy must include the information that the company collects, such as the users:

  • Personal information like names, mobile numbers, email IDs, etc
  • Usage and Analytics data include how the site is being used by the user, IP address, viewed pages, the duration of the visit, etc
  • Text message data in which is the data related to all the text messages exchanged between two or more parties on the website is accessible and can be stored by the website owner. For example, (Dating apps).

The purpose of a privacy policy is for visitors to understand that their data is safe with us and will only be used for legal reasons. So, if the visitor is not comfortable sharing the data with you, they can choose to discontinue using the website. Hence, it solely depends on the visitor if they want their personal and private data to be stored or used. A Privacy Policy for Website is crucial as it is your responsibility to protect your privacy and personal data.

Clauses of a Privacy Policy

A comprehensive Privacy Policy typically contains the following clauses:

  • Introduction: Brief on the company and the policy’s purpose.
  • Information Collection: Details about the types of personal data collected.
  • Use of Data: Explanation of how the collected data is utilised.
  • Data Sharing: Circumstances under which data might be shared or disclosed.
  • User Rights: Information about users’ rights regarding their personal data.
  • Security Measures: Descriptions of how data is protected.
  • Amendments: Procedures for updating or changing the policy.

What Is a Cookies Notice?

A cookies notice or a cookies policy is another legal document that explains in detail the cookies used on the website. This cookies notice can be a separate page on your website or a subsection of the privacy policy. A cookies policy highlights all the cookies used on the website with detailed information about each of them for the end-users so that they get insights about how their data is being processed and stored when they are using your website.

The cookies policy’s purpose is to educate visitors on how the website will use cookies to gather data; how and why they store the data; what data of the visitor they track; do they ensure complete data privacy; and who all has access to their data.

A cookies policy is important if you are using cookies on a website. These cookies are used by the website to enhance its functionality. You are free to refuse all the cookies on the website, but that will lead to you not being able to get access to certain website features. The end user’s consent is important for them to continue using the website. They have the right to know how their data is being used, and if they do not get clear information about it, they may refrain from doing business with you.

Hence, to build trust amongst the end-users, proper and in-depth information about how their data is being used is important. This, in turn, helps build transparency among the end-users, so the consumers will be ready to do business with you. The cookies policy needs to be updated regularly and whenever necessary and brought to the attention of the consumers. If consumers feel like their data privacy is not being respected as it should be, they will easily find another business place.

Why is a Cookies Policy Useful?

A Cookies Policy isn’t just a legal requirement in many jurisdictions; it’s a gesture of transparency towards your website visitors. This policy informs users about the types of cookies used on your website, their purpose, and how they might affect the user’s experience. By clearly outlining how cookies operate, users can make informed decisions about their consent, fostering trust and enhancing user confidence.

Examples of Cookies Notices

There’s a spectrum of ways websites notify their visitors about the use of cookies:

  • Banner Notification: A small banner at the top or bottom of a webpage informing users that the site uses cookies.
  • Popup Message: A more conspicuous alert that appears when users first visit a site.
  • Sidebar Widgets: An interactive side element where users can explore cookie settings and preferences.

Remember, the primary goal of these notices is to inform and seek consent. The design and wording should reflect that.

How Are the Privacy Policy and Cookies Policy Different From Each Other?

A privacy policy is a document that a business owner creates for their website. The privacy policy includes all the important information about the visitor’s data and how it is used and protected when using the website.

The cookies policy is mostly a subsection of the privacy policy rather than a separate document. The cookies policy gives all the details about the cookies used on the website. If a website uses cookies or similar tracking technologies to gather the visitor’s data, it must create a cookies policy. When you, as a visitor, are using a website, you should accept the cookies policy to continue using the website.

In simple words, a privacy policy includes all the different ways your data is going to be used by a business. On the other hand, a cookies policy specifies all the cookies and tracking technologies used on the website to track user behaviour.

Conclusion

To conclude, both the privacy policy and the cookies notice are important legal documents that you should have as a business owner if you are planning to create a website. In this way, it is easy for the visitors to build trust in you and continue to do business with you. It creates transparency between you and the end user, which is crucial to running a business. If you are looking to secure your website with a foolproof privacy policy and cookies notice, contact us at Vakilsearch.

FAQs on Privacy and Cookie Policy

How do I write a privacy and cookie policy?

When crafting a privacy and cookie policy, begin by understanding the legal requirements specific to your region. Use clear language, outline all methods of data collection, state the purpose of data usage, and mention user rights. It's recommended to consult with legal professionals to ensure compliance.

Can I write my own cookie policy?

Yes, you can draft your own cookie policy. However, ensure it's compliant with legal standards, transparent about cookie usage, and clearly mentions the choices available to users. If unsure, consider seeking legal advice or using templates as a starting point.

Read more, 

About the Author

Abdul Zaheer, a Corporate Legal Advisor, brings over a decade of expertise in corporate governance, mergers, acquisitions, and contract law. He specialises in compliance, risk management, and dispute resolution, helping businesses align legal frameworks with objectives. Abdul’s practical insights ensure regulatory adherence, reduced risks, and seamless corporate transactions.

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