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Startup TOS, Privacy Policy, and Internet

New York, NY |

Dear Contributing Angels,
I am a startup for a local community website. Can anyone kindly review my TOS and Privacy Policy without charge?

These terms are for a new site that I will be launching. An intro to the new launch and the terms can be found here at My main concern is coherency and if I'm missing anything important. If you would like to review the site that will be launching, you can email me at: queensmetro[A-T]gmail[D-0-T]C0M

A few of my specific concerns are:
1) Do I create more liability for myself when I require users to submit their full name when registering and to use their full name to identify their postings?
2) Does it make sense to use SmartWish LLC in the Terms or should I just stick with

I appreciate any full or partial help.

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Attorney answers 2



I am reminded by the old saying "you get what you pay for". If you do get someone to review your work then it will not be of the caliber that you need. There is a growing body of law surrounding Terms of Use and Privacy Policies. If they are not constructed correctly then they could be invalid.

We can offer you a reasonable flat fee that would be much cheaper then dealing with a problem down the road.


Especially for a not-for-profit or community based site, you may not need special Privacy counsel to develop a Privacy policy and operational Privacy practices.

The Federal Trade Commission has jurisdiction over many consumer-related Privacy issues and has excellent materials and guidance.. Check out
In particular, you should examine the FTC's free guide for small businesses in this area:
Protecting Personal Information: A Guide for Business:
Practical tips for business on creating and implementing a plan for safeguarding personal information.

In general, a Privacy policy should be guided by the internationally recognized Privacy Principles, and adhere to practices which are consistent with them: The following example is an adaptation of the Principles developed for a public service entity:

• The privacy rights of individuals will be respected at all times and every individual will be treated honestly, fairly, and respectfully.
• Protecting individual privacy and safeguarding confidential information are a public trust.
• No information about an individual will be requested, collected or used without their express consent, or that is not necessary and relevant to our self-declared operations..
• Information will be collected, to the greatest extent practicable, directly from the individual to whom it relates.
• Information about individuals collected from third parties will be verified to the greatest extent practicable with the individuals themselves.
• Personally identifiable information will be used only for the purpose for which it was collected
• Personally identifiable information will be disposed of at the end of the retention period disclosed to the subject or required by law.
• Individual information will be kept confidential and will not be discussed with, nor disclosed to, any person within or outside of our business without the express consent of the subject..
• Unauthorized access to individual information by associates or employees constitutes a serious breach of the confidentiality of that information and will not be tolerated.
• Requirements governing the accuracy, reliability, completeness, and timeliness of individual information will ensure fair treatment of all individuals.

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