Setting Up Your Website Terms & Policies
So you finally get your website copy and photos ready, and the design is just how you like it. You’re about ready to make it live and then you think…
“Wait, do I need a privacy policy?”
If that sounds familiar, you’re not alone—it can easily be an afterthought, but there are a number of different scenarios you might find yourself in that have you thinking about your site terms:
You have existing policies from several years ago and you have no idea if they’re still current.
You’re hearing about new state specific privacy laws, and wonder if any apply to you.
You have a basic (free) policy but aren’t really sure what it covers.
You DO have a privacy policy, but not sure if you need additional terms.
Well, here’s the rundown on some common terms you will likely need, and how to tell if you actually do.
PRIVACY POLICY
YOU NEED A PRIVACY POLICY IF:
You collect ANY user information (name, email, address, phone, etc…).
You use cookies for Google Analytics.
If user browsing behavior is tracked, or any personal information is submitted through your site, then you need to explain how that information is used and protected.
TERMS & CONDITIONS
YOU NEED TERMS & CONDITIONS IF:
You have a website, period. Especially with links going to other websites you have no control of.
This one has a few alias’, including Terms of Use, Limitations & Liabilities, etc. It all means the same thing and boils down to how your site is meant to be used and limits your liability. A potential (and realistic) scenario involves you linking to a resource you think clients will find very helpful. THEIR website gets hacked, and your client’s computer gets infected with malware as a result. Without Terms & Conditions, you could open yourself up to liability for “sending” them to the infected website.
DISCLAIMER
YOU NEED A DISCLAIMER IF:
Your website provides information, especially information that could be considered health or legal advice.
You make money from links, reviews, or suggestions made on your page.
On the latter, his could be an affiliate program, a paid sponsor, etc. You simply need to disclose the financial relationship with resources provided on your site.
Speaking of which…I think it’s time for MY disclaimer:
DISCLAIMER: This blog post is intended to be an informative overview of website terms and policies, and does not constitute legal advice. It is always best to consult with a lawyer to ensure your website's legal compliance.
The disclaimer needs to be visible in order to cover you in any legal event. It can be site-wide at the bottom with the rest of your terms, or at the location it’s relevant, but it should be very easy to locate. The more visible it is, the less likely someone can say they didn’t see any disclaimer.
COOKIE POLICY
YOU NEED A COOKIE POLICY IF:
You use ANY kind of analytics or website tracking user data tools.
No cookie jokes…those are stupid. Cookies are used for tracking web users browsing habits, and while it sounds quite invasive, it’s really just meant to anonymously inform website owners about user behavior categorically. Nobody cares about an individual user’s behavior, but rather about browsing patterns of large groups of people. If they all to go a certain page then leave, that’s important to know and try to figure out why. Anyway, cookie policies tell what cookies you use and why you use them.
GOOD FAITH ESTIMATE
While not a policy per se, this is something you, as a therapist, are REQUIRED to have on your page. Simply put, it’s your rate.
OKAY, SO WHERE DO I GET THE TERMS FROM?
Google seems to add a little bit to the confusion because there are SO many free term generators and numerous paid options.
<BEGIN PRO TIP> Free isn’t free; free covers nothing. If you want it to cover anything, it’ll cost money. </END PRO TIP>
So in my research, there are only TWO services I would recommend for terms. Both guide you through questionnaires to help determine the extent of your coverage, and both let you either host policies yourself or (preferred) let THEM host the policies. More in that in a bit.
WHY GET TERMSFEED
The BIG advantage is one-time pricing. You pay for your policies and you’re done. In the age of everything subscriptions, it’s a little refreshing. If laws change, you can always log in, add the update for a small fee, and you’re set.
PRICING
With TermsFeed you buy the policies a la carte. The annoying part is that you purchase them all a la carte as well, so if you need three policies, you’re going through checkout THREE TIMES. That part is pretty annoying.
TermsFeed can also be on the expensive side ($300-ish for a suite of policies) but there are coupon codes floating around upwards of 50% off!
So do not pay full price.
WHY GET TERMAGEDDON
The BIG advantage is that policies automatically update, so once you set up your account you NEVER have to mess with it again. Laws change and your policy updates to keep you covered without you doing a single thing.
PRICING
Termageddon is a subscription service, and will run about $12/month. That includes EVERY policy you could need, which is pretty amazing actually.
DISCLAIMER: The article also briefly discusses two services, TermsFeed and Termageddon, that can help website owners generate terms and conditions policies. It's important to note that the author is an affiliate for both services and may receive compensation if you sign up through their links, but at no additional cost to you.So which did I get? I went with TermsFeed because of the one-and-done pricing. HOWEVER, several new privacy laws will be taking effect January 1, 2025 and I can picture much more activity on the state level with privacy laws, so I may switch to Termageddon just so I don’t even have to think about it. At the moment however, I appreciate not having an additional recurring charge on my credit card.
Free vs Paid
There are MANY generators that start out free, but once you add things such as data tracking (required for analytics, which is how you know what people are doing on your site and how long they’re spending on each page, etc) the price starts going up.
The good news for psychotherapy and private practice folks looking for a policy is that, because you’re not usually doing business across state lines, the privacy policy requirements get much more simple. If you want to try building out a policy using a free generator and see if it fits your needs, here is an excellent blog post comparing different free generators.
Adding terms & policies is an important part of setting up your website properly. When you’re ready to start your website design project, be sure to reach out to My Digital Maven.
