If you've followed our blog at all, you already know that using a browsewrap agreement to bind consumers to terms on your website isn't the best practice for organizations looking to keep legal risk away. But we often receive the question -- well, isn't everyone else doing it? Sure, we knew there were some sites or companies that weren't overly concerned with protecting legal risk and were much more concerned with the "user experience" or the "aesthetic value" of the page. (We'll put those in quotation marks -- because it's plenty easy to preserve both while providing the user more-than-adequate notice.)
We write a ton on this blog about clickwrap best practices, but we rarely highlight the awesomely-most-likely-enforceable clickwraps we see. Starting today, we'll periodically be giving some love to websites that are doing it right!
As someone who's grown up living and breathing technology, there are very few pieces of personal data I put out on the internet that I care about keeping to myself. I've embraced the oversharing — but there are quite a few things that Facebook, Google, Instagram, and Twitter know about me that still make me a bit anxious were they to get out there publicly or fall into the wrong hands.
If your website employs a Clickwrap agreement, there are a number of practices you should follow to make sure that agreement is enforceable should you ever need to enforce it. Your clickwrap agreement is there for a reason - and is likely intended to provide all sorts of legal protections for your website / business (disclaimers, limitations on liability, binding arbitration…lots of stuff…talk to your lawyer!) – but if its not enforceable then it does you no good at all. Below are some of the best practices we have found:
An amazing report from Pew Research Center was recently released that cut to the core of some of the real privacy concerns of consumers today. One of the amazing stats revealed that "69% of adults say they are not confident that records of their activity maintained by the social media sites they use will remain private and secure." We decided to dive into the privacy policies of some social media sites like Facebook, Twitter, Pinterest, and Instagram. What we found might surprise you. It also might not if you're in the 69% who are skeptical of social media privacy in general.
Don’t get caught trying to pull a “fast one” on your users or customers.