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Are a Website’s Terms and Conditions Legally Binding If Not Agreed To?

By James Chiodo, Certified Information Privacy Professional CIPP/US

The short answers are no, yes, and it depends. How your website terms and conditions are displayed, written, and agreed upon is crucial to their enforceability. A website’s terms and conditions (T&C) are a contract between a web business and its users and customers. It should be noted that terms and conditions are also called […]

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Website Privacy Policy Requirements – a 10-Point Checklist

By James Chiodo, Certified Information Privacy Professional CIPP/US

Does your privacy policy protect you and comply with the law? Here is a 10-point checklist to find out if your privacy policy is protecting you, is compliant with global privacy laws, and is complying with the terms of service from companies like Google and Facebook. Does your privacy policy…. 1. Disclose what type of […]

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Are Your Privacy Policies and Disclaimers Posted Correctly on Your Website to Comply With Laws?

By James Chiodo, Certified Information Privacy Professional CIPP/US

If you are doing what 90% of other websites are doing, probably not. The biggest resistance I get from clients involves my trying to get them to post their privacy policies and disclaimers on their websites to comply with the laws and regulations, and to reduce their liability. When they discover that posting these important […]

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Do You Need an Advertising Disclaimer?

By James Chiodo, Certified Information Privacy Professional CIPP/US

An Advertiser Disclaimer is a notice posted on your Website informing users that your business will not be held legally liable, or responsible, for any and all claims or damages arising from any actions, errors or omissions by third parties (advertisers and sponsors,) whom advertise products or services on your Website. How Does a Website Advertising Disclaimer Protect You? Having […]

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Why Should You Have a Limitation of Liability Disclaimer on Your Website?

By James Chiodo, Certified Information Privacy Professional CIPP/US

Limited Liability is a legal protection limiting your personal financial risk in relation to your eCommerce business. There are two aspects in establishing Limitation of Liability: (1) Forming your eCommerce business as a Limited Liability Company (LLC.) and (2) The Limitation of Liability Term of Use is a legal disclaimer. There Are Two Aspects in […]

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Why Should You Use a Warranty Disclaimer?

By James Chiodo, Certified Information Privacy Professional CIPP/US

A Warranty Disclaimer is a defensive or “preventive” form of protection from unwanted claims or liability arising from products sold from or through your e-commerce business Website. It is defined as; “an oral or written statement aimed at limiting the seller’s liability for defects in goods sold.” The Warranty Disclaimer is provided for in the […]

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When Should You Have a Financial, Legal and Advice Disclaimer Posted on Your Website?

By James Chiodo, Certified Information Privacy Professional CIPP/US

If your Website or Blog is not a professional service site, (i.e., an attorney offering legal advice, an e-trader offering stock advice, a financial planner giving advice, etc,) the Financial, Legal and Advice Disclaimer gives public notice that your site is not a platform for users or readers to obtain professional advice and services. How Do […]

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Do I Need a Content Disclaimer?

By James Chiodo, Certified Information Privacy Professional CIPP/US

A Content Disclaimer serves one main purpose: It is posted on sites where users, members or third-parties (advertisers, sponsors and merchants) post information, comment or exchange opinions on your website or blog. The Content Disclaimer gives notice that you are not responsible for, nor do you advocate the content, comments or opinions posted or exchanged by others through […]

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Data Security Breaches: How to Protect Your Business

By James Chiodo, Certified Information Privacy Professional CIPP/US

A data security breach can spell financial doom for a company that is unprepared. But if you run a small to medium-sized business (SMB), you may have questions about the consequences of a data breach. For example: • Does your business need to be prepared? • Who are responsible for most data breaches? • What […]

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Is Your Advertising Deceptive? – Back Up Your Claims

By James Chiodo, Certified Information Privacy Professional CIPP/US

Case 1: Speak and Speak Smooth Supplements by NourishLife The FTC acted on the complaints of the parents of children with speech disorders. In the lawsuit against NourishLife, FTC has proved the Speak and Speak Smooth supplements produced and sold by the company are deceitfully marketed as the solution for children’s speech problems. Based on […]

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