Do You Own Your SaaS Website? Part 3 - Your Opt-In and Customer Lists
Do You Own Your SaaS Website? Part 3 - Your Opt-In and Customer ListsAuthor: Chip CooperCopyright © 2009 Chip CooperStop and think about your website for a minute. Think about ownership.You're probably thinking of the typical website elements - web pages, content, and background software. Possibly even your domain name. Right?Have you ever considered that your opt-in and customer lists may be worth more than all of the typical website elements combined?You should. And a purchaser of your website business probably will. Have you protected and enhanced the value of these lists?Two Fundamental QuestionsWhat rights do you have in the data that's in your opt-in and customer lists? The key to the answer depends on 2 issues that center on your Privacy Policy:* do you have the basic right to transfer your opt-in and customer lists to a purchaser of your website business?, and* if "yes", then what are the limitations on use and sharing that will bind the purchaser?The Basic Right To Transfer Your Lists - The Toysmart CaseToysmart stated in its Privacy Policy that that the company would not share personal information of customers with any third party, with no exceptions. Based on this representation, Toysmart collected numerous names and other personal information of its customers.A year later, Toysmart attempted to sell its customer list to generate funds for creditors as part of a bankruptcy action. The Federal Trade Commission (FTC) filed a "deceptive practice" lawsuit under Section 5 of the FTC Act.
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