Do You Own Your SaaS Website? Part 3 - Your Opt-In and Customer Lists
Several state attorneys general concurred. The FTC argued that Toysmart should be required to strictly comply with it Privacy Policy. Essentially, no sharing means exactly that - no exceptions.The lesson of the Toysmart case is that your Privacy Policy should reserve the right to transfer your opt-in and customer lists as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership. If it does not, then you won't be able to transfer the lists at all - and the sale of your website will fall through.Limitations on Collection and Sharing - The Gateway Learning CaseCollection and sharing of collected information are really two sides of the same coin.First, you're required to specify in your Privacy Policy all of the categories of personal information you collect through your site. You should be careful to reserve rights to collect all the personal information you need to operate your online business. For example, a typical SaaS website that has an opt-in list and a customer list might reserve the right to collect the following: name, physical address, an email address, phone number, and credit card information including credit card number, expiration date, and billing address.Second, you're required to disclose how you may share the personal information you collect. The Gateway Learning case teaches a valuable lesson regarding your right to share personal information.Gateway Learning Corporation promised in its Privacy Policy to not rent consumers' personal information to others.Pages: 1 [2] 3 4 5
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