Privacy Policy for User Comments

If you collect personal information from users-including information posted in user comments-you likely need a Privacy Policy to comply with applicable state and global privacy and data protection laws.

This article explains what a Privacy Policy is, why you need one for user comments, and how to address user comments in your Privacy Policy.

What Is a Privacy Policy?

A Privacy Policy is a legal document that explains how an entity handles users' personal information and how users can exercise their privacy rights.

Personal information is data that can be used to identify an individual, such as first and last names, birthdays, email addresses, and Social Security numbers.

Privacy Policies typically include the following clauses:

• The types of information the business collects
• How the business collects, uses, and shares personal information
• The categories of third parties the business shares personal information with
• How long the business retains personal information
• How the business keeps personal information secure
• How users can exercise their privacy rights
• The business’s contact information

Microsoft's Privacy Statement includes clauses about the personal data it collects, how it uses and shares personal data, and how users can manage privacy preferences, among others:

Why Do You Need a Privacy Policy for User Comments?

You need a Privacy Policy for user comments to comply with state and global privacy laws and third party requirements and to build trust with your audience.

Whether you have a blog, social media account, app, or website that allows user comments, it's important to communicate how you handle personal information and get consent before utilizing personal information for certain purposes.

Let's take a look at how a Privacy Policy can be used to:

• Explain how you handle users' personal information
• Inform users of the choices they have for managing their data
• Obtain informed consent from users
• Comply with third-party service provider requirements
• Promote transparency and build trust with your audience

Complying With Privacy Laws

Many states and countries require businesses and organizations that collect personal information-including personal data contained in user comments-to maintain an easily accessible, clearly written, and regularly updated Privacy Policy on their websites and apps.

For example, the California Consumer Privacy Act (CCPA) requires businesses that collect, use, sell, or share personal information belonging to California consumers to notify consumers at or before the point of collection about the types of personal information they are collecting, what they intend to use the data for, and whether they will sell or share the information.

Section 1798.100 of the CCPA explains that businesses that collect California consumers' personal information must inform consumers about how they plan to use the information before collecting the data:

Many privacy and data protection laws also require businesses to get consent from users before collecting, processing (using), or sharing their personal information.

For example, organizations subject to the European Union's (EU) General Data Protection Regulation (GDPR) must have a legal basis for processing EU data subjects' (individuals to whom personal information belongs) personal data, one of which is consent.

Article 6 of the GDPR lists the legal bases that businesses must select from before processing EU data subjects' personal data, including getting data subjects' consent:

When strategically placed, a Privacy Policy can function as an essential component of a consent mechanism.

For instance, Cheerios provides a link to its Privacy Policy within a statement that users who wish to receive email from the company have read and agree to the Policy. Users must tick the checkbox next to the statement to indicate that they consent to the Privacy Policy:

In order to create an account, Roblox users must click the "Sign Up" button located below a statement that by clicking on the button they are agreeing to its linked Terms of Use agreement and Privacy Policy:

Meeting Third Party Requirements

Many third party service providers require the businesses that use their services to maintain a Privacy Policy.

For example, Google Analytics requires businesses that use its services to let users know that they use Google Analytics and explain how it collects and processes information:

Building Trust With Your Audience

Your Privacy Policy can help establish transparency and build trust by informing users how you collect, process, and share the personal information provided via user comments.

How to Address User Comments In Your Privacy Policy

What happens if a user divulges their own (or someone else's) personal information in your comments section? What about if you want to use a user's comments in your marketing materials?

Your Privacy Policy should explain the types of personal information you collect from user comments, what you do with it, whether you share it with third parties, and how you keep users' personal information safe.

Let's look at some of the clauses you can include in your Privacy Policy to communicate your privacy practices and rules regarding user comments.

User Comments/User Generated Content (UGC)

If you already have a Privacy Policy, you don't necessarily need to write a new one just to address user comments. Many businesses and organizations simply add user comment or UGC provisions to their existing Privacy Policy to let users know how they handle user comments.

The Greater Miami Convention and Visitors Bureau's Privacy Policy includes a clause that explains that user comments or reviews are accessible by other users and that anyone who posts personal information on its website or social media platforms does so at their own risk. It includes a link to its UGC Terms and Conditions agreement:

Similarly, Maurices' Privacy Policy lets users know that all UGC submissions must comply with its Terms of Use agreement and respect the privacy rights of others and that it may use UGC as part of its marketing materials and promotions:

What Personal Data You Collect

This clause lets users know the types of personal information you collect through user comments.

Billboard's Privacy Policy lets users know that it may collect information provided by users, including other people's contact information, audio and video information, social media information, and UGC:

How You Collect Personal Information

Your Privacy Policy should explain that you collect personal information through user comments.

Billboard's Privacy Policy explains that it may collect personal information through comments users submit within public forums, message boards, reviews, feedback, or testimonials:

Why You Collect Personal Information

This clause informs users of your reasons for collecting their personal information through user comments, such as for communication and advertising purposes, and to improve services.

Ryan Robinson's Privacy Policy explains that he collects personal information (including user comments) for business and commercial purposes, such as analyzing interactions to improve user experience and suggesting products users may like:

Medium's Privacy Policy explains that it has several reasons for processing information, including account maintenance, transaction processing, and communication purposes:

Categories of Third Parties You Share Personal Information With

If you share the personal information you collect through user comments your Privacy Policy should list the third parties who receive users' data.

Substack's Privacy Policy lets users know that it may share users' personal information-including data provided through user comments-with Creators:

Similarly, Medium's Privacy Policy explains that when users post comments, some of their personal information may be made available to other users:

Data Retention Policy

Your Privacy Policy should let users know how long you keep the personal information you collect from user comments.

Abby Lawson's Privacy Notice explains that she only keeps personal data for as long as needed to fulfill collection purposes, including legal, accounting, and reporting purposes:

How You Keep Data Safe

This clause lets users know how you keep the personal information you collect from user comments secure.

Ryan Robinson's Privacy Policy lets users know that he implements physical, technical, and procedural security measures to keep personal information safe:

How Users Can Exercise Privacy Rights

Your Privacy Policy should explain how users can control the data you collect from user comments.

Users can find information about how they can exercise their privacy choices, including accessing, changing, or deleting their personal information and unsubscribing from email marketing within Ryan Robinson's Privacy Policy:

Your Contact Information

Finally, it's important to give users a way to get in touch with any comments or concerns they have concerning how their personal data is used.

Ryan Robinson's Privacy Policy includes an email address and a mailing address where users can contact him with questions about how he uses their personal information:

Summary

A Privacy Policy explains how you collect, process, and divulge users' personal information and lets users know how they can exercise their privacy rights.

Having a Privacy Policy for user comments can help you comply with state and global privacy and data protection laws and third-party service provider requirements and communicate your privacy practices to users.

You may want to include these clauses in your Privacy Policy to address user comments:

• UGC or user comment policies
• The types of personal information you collect via user comments
• How and why you collect personal information
• Third parties you share personal information with
• How long you keep personal data
• How users can exercise their privacy rights
• Your contact information