Do You Own Your SaaS Website? Part 3 - Your Opt-In and Customer Lists

Later, contrary to this promise, Gateway started renting personal information to marketers for use in direct marketing activities. When Gateway personnel remembered its promise to not rent personal information, Gateway amended its Privacy Policy, believing that the amendment would take effect retroactively.The FTC promptly brought suit against Gateway alleging that personal information collected prior to the Privacy Policy amendment was not authorized by customers for sharing. The FTC claimed that Gateway's sharing of unauthorized personal information constituted a "deceptive practice" under Section 5 of the FTC Act.The lesson of the Gateway Learning case is that you must ensure that any personal information that is shared with others is authorized by clear Privacy Policy notices which were in the Privacy Policy at the time the personal information was collected. Amendments regarding the sharing of personal information are not effective retroactively.With this lesson in mind, you should carefully consider what sharing rights to reserve in two steps:* First, what sharing rights do you absolutely need to operate your website business? These rights will be related to your existing marketing policies. By all means, reserve these rights in your Privacy Policy.* Second, what sharing rights might you need in the future as you expand your marketing activities? It's strongly recommended that you reserve these rights also, even though you don't plan to exercise them in the near future.This list of sharing rights for personal information is not exhaustive, but it's a good start:* "purchasers" of your website business as part of such merger, acquisition, sale, or other change of control (this is the basic right to transfer your opt-in and customer lists as discussed above),* service providers who have access to the internals of your website (e.g.

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