31 January 2020
Weebly's Terms of Service agreement includes the Section 8 titled "Content and Conduct Rules and Obligations".
In this section, Weebly states that if you use Weebly, "you must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside."
Weebly customers are also told in this agreement that if Weebly is used outside of the United States of America, then:
"you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries."
Here is a screenshot:
These laws include a number of international directives and acts that work to protect the privacy of end users of websites and mobile websites all around the world. They can apply to websites and mobile apps that collect personal information from users, whether the website is created or hosted by Weebly or not.
Personal data or personal information for these purposes means any information that can be used to identify a user such as:
Here are a few of the most common applicable laws and regulations that Weebly's Terms of Service indirectly requires its users to adhere to when it comes to online data privacy and data transmission.
The United States created the California Online Privacy Protection Act (CalOPPA) to protect the citizens of California, but it indirectly ends up helping protect the privacy rights of people all over the world.
The first principle of both of these European privacy directives requires that all personal information from users be processed in a fair and lawful way. This has been interpreted as saying that there must be transparency from businesses when it comes to how they process personal information.
This is a requirement by the EU privacy directives whether your website is hosted by Weebly or not.
This is a requirement by the Australia's Privacy Act even if your website is hosted by Weebly or not.
The Personal Information Protection and Electronic Documents Act (PIPEDA) is a federal law in Canada that dictates how businesses in the private sector must handle personal data and information collected from users.
Image credits to Priv.gc.ca
This is a requirement by the Canada's PIPEDA act even if your website is hosted by Weebly or not.
Email marketing is a very effective and widely used tool for website owners looking to reach their customers and users.
If you engage in email marketing and collect email addresses on your Weebly-hosted website, Weebly requires that you comply with CAN-SPAM.
CAN-SPAM has a number of requirements for senders of commercial messages, including that you provide recipients with a method for opting out of receiving your messages, don't use deceptive subject lines, and that you let recipients know that your message is an ad.
Here are a few examples of how businesses that engage in email marketing include this information in their Privacy Policies.
"when a student first logs in to Education Perfect, we strongly encourage them to change the generic password that they have been provided with. When they do this they are required to enter an email address, so that we can send them a new password should they forget this one."
Here is a screenshot of this clause:
Belgrave Heights School
This article is not a substitute for professional legal advice. This article does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.