Protect Privacy to Protect Privacy to Protect Your Protect Your

StartupStartupDon’t catch an FTC (Action), Don’t catch an FTC (Action), practice safe data collectionpractice safe data collection

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Presentation Content

• Privacy Policy vs. Terms of Service• Process of Creating Your Privacy Policy• Compliance with the Law• Avoiding the FTC• Online Services for Protecting Privacy

United States v. Path, Inc.

• Path: mobile app developer• Contrary to privacy policy,

automatically collected personal info• Got info from ~3,000 kids under age 13• FTC charged Path for deception and

violation of COPPA• Settlement: $800,000; 20 yrs of audits

Our Startup: Dragon Digs

• The social hub of Drexel University• Relies on user-generated content• Features:

– Create, RSVP to events– Post pictures, comments– In-app ticket purchasing– Promo emails from Dragon Digs– Third-party advertising

Privacy Policy

• Explains how company gathers, uses, discloses, manages user info

• Separate from TOS• More specifically:

– Type of data collected and how it’s used, stored, protected

– How user data is shared with third parties– Compliance with privacy laws and user control

Terms of Service

• Rules users must abide by on website/app

• Legally binding; subject to change• More specifically:

– Software license; website/app operation; users’ rights

– Information ownership; copyright; incorporates privacy policy– Disclaimers/limitation of liability; notice

Ensuring Enforceable Terms

• Forming an enforceable contract– Notice and assent

• Click-wrap vs. Browse-wrap

• Additional tips and considerations

Notice and Assent

• Click-wrap: – Present users with copy of terms, and– Require action showing user read and agrees to

terms

Notice and Assent

• Browse-wrap:– Available to users via web links– Does not require action indicating user agrees

to terms• Typically state that site use is deemed acceptance of

terms

Additional Tips and Considerations

• Use plain English• Consider device it will be read on• Place in a conspicuous location

Our Startup: Dragon Digs

• The social hub of Drexel University• Relies on user-generated content• Features:

– Create, RSVP to events– Post pictures, comments– In-app ticket purchasing– Promo emails from Dragon Digs– Third-party advertising

What Info Should I Collect?

• Relationship with user determines what should be collected

• De-identify personal identification info where possible

• Whatever you collect, give users notice

– Helps create user trust

Give Users a Choice

• No consent needed: If collected data is expected for a relationship with user– Such as product fulfillment, analytics, security,

and website improvements

• Consent needed: If collected data is outside what would be expected

• Do Not Track options

Tracking

• Cookie: Text file that collects user information

• Beacon: Graphic image file that collects user information

• Types: Persistent or session cookies• Can be used for website operation or

advertising

Privacy by Design

• Build in privacy and security at all stages of design and development

• Implement and enforce strategically sound privacy practices throughout company

Best Practices

• Data security– Firewall and virus protection– SSL encryption– Encrypt user names and passwords– Keep security current

• Reasonable collection limits– Collect only what is needed

Best Practices

• Sound retention practices– Right to be forgotten– Retention depends on industry

• Data accuracy– Allow users to access and change their profiles

• Knowledgeable, designated staff

Our Startup: Dragon Digs

• The social hub of Drexel University• Relies on user-generated content• Features:

– Create, RSVP to events– Post pictures, comments– In-app ticket purchasing– Promo emails from Dragon Digs– Third-party advertising

Compliance

Be Sure You Read Be Sure You Read Your Your Own Own Policy!Policy!

FTC Act and Regulations

• Unfair or deceptive• Avoid the FTC:

– Comply– Notify– Protect

CalOPPA

• California Online Privacy Protection Act• Conspicuously post your policy• Comply • Do Not Track amendment

CalOPPA ComplianceCalOPPA Compliance

• Privacy policy must include:– Collect info– Sharing policies – User review/control – Notification– Effective date

COPPA

• Children’s Online Privacy Protection Act

Are You Under the Age of 13?

COPPA Compliance

• Who is collecting the info?• Description of info collected • Use • Disclosure to third parties• Parental review & consent• User notice

CAN-SPAM ACT

• Controlling the Assault of Non-Solicited Pornography and Marketing Act

• Are you spamming?• Compliance is simple

HIPAA

• Health Insurance Portability and Accountability Act

FERPA

• Family Educational Rights and Privacy Act

Gramm-Leach-Bliley Act

• Governs financial information

European Union E-Privacy Directive

• The right to be forgotten, among other things

Our Startup: Dragon Digs

• The social hub of Drexel University• Relies on user-generated content• Features:

– Create, RSVP to events– Post pictures, comments– In-app ticket purchasing– Promo emails from Dragon Digs– Third-party advertising

Avoiding the FTC

• FTC– Statutory authority to remedy privacy

infringements• Power to prohibit unfair and deceptive practices

• Statutory requirements– CalOPPA; COPPA; CAN-SPAM; HIPAA; FERPA; GLBA

FTC Actions

• Google• RockYou• Snapchat• The Brightest Flashlight App

Our Startup: Dragon Digs

• The social hub of Drexel University• Relies on user-generated content• Features:

– Create, RSVP to events– Post pictures, comments– In-app ticket purchasing– Promo emails from Dragon Digs– Third-party advertising

Privacy Policy Generators

• Tested 28 online generators• Factors: ease of use, guidance, cost, and

policy generated• Recommendations:

– FreePrivacyPolicy.com– GeneratePrivacyPolicy.com; SEOToaster.com– TRUSTe.com (for mobile apps)

What Needs Protection?

Seals of Approval

• The best individually– TRUSTe– TrustGuard– Qualys– Comodo

• The best for you– Mix-and-match to suit your needs– Each service has strengths & weaknesses

Our Startup: Dragon Digs

• The social hub of Drexel University• Relies on user-generated content• Features:

– Create, RSVP to events– Post pictures, comments– In-app ticket purchasing– Promo emails from Dragon Digs– Third-party advertising

Questions?

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Thank You to Our Audience

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www.drexel.edu/law/ELC