E-Commerce Check-In

Does your small business have a website or social media page? Are you making online sales? If you conduct online business, it may be time to consult with a lawyer regarding e-commerce policies. Adding terms and conditions to your website guides customers on how to best interact with your business. Adding a privacy policy can further help shield your small business from liabilities.

Even if managed by a third party, small business websites are better protected with express policies that set forth what data is collected, how data is used, and the laws that apply in the case of illegal activity.

Terms and Conditions

If you sell merchandise online, having your own purchase and return policies can distinguish your business from others, improve customer rapport, and tackle unique supply chain or delivery issues. Terms and Conditions will vary depending on the type of business you operate or the service you provide.

Common terms include:

Return Policy - Shipping and return policies determine whether the buyer or seller is responsible for mail theft or delays and who to contact in case of a defective product or substandard service.

Limitation of Liability – Any waiver of liability on the part of the business, such as for injury, including loss or theft of data or identity.

Regulation of Use – This section covers terms of use of the website, product, or service provided. It sets forth what legal punishment violators will face for engaging in illegal or unpermitted activity, e.g., using robots to make bulk purchases, misusing chat forums, or submitting false claims.

Intellectual Property – This clause protects the company’s trademarks, logos, and copyrighted material.

Privacy Policy

A unique privacy policy can help shield your small business from liability for consumer identity theft and put customers at ease about how their collected data will be used. For instance, California consumers have increased legal rights that may be specifically addressed in a personalized privacy policy.

Privacy Policies must answer Who, What, When, Where, and Why.

Who – Inform customers who the business is and who manages private data. Let customers know who to contact should they opt out of marketing communications.

What – Inform customers what data is collected, including name, age, gender, payment method, etc.

When – Inform customers of how long data is stored.

Where – Inform customers where data is stored and which third parties, if any, have access.

Why – Give a brief reason why the information is collected and for what purposes data will be used.

As a small business owner, you set the terms and conditions for how consumers interact with your services and products. A strong privacy policy can help customers feel comfortable providing information vital to business operations.

If you need legal assistance drafting terms and policies for your small business, contact us at 202-505-5309 or info@thesjslawfirm.com to book a consultation.