Software as a Service
The Terms of Service for Mobile Apps, Web Apps, APIs, or websites are needed. They provide protection against assertions of warranties, permanent obligations of service, unlimited liability, and ownership by the user of the software. Additionally, Terms can be used to prevent copying, unlicensed sharing, scraping behind a login portal, and other abusive uses of the service. Frost Legal can help make sure your policy protects you the way that is right for your business.
Under California law (CalOppa and the CCPA, effective January 1, 2020), Privacy policies and plans for websites are mandated by law to inform what information the business collects, the purpose and use that the business will put the information to, and how the consumer may opt out of the use, disclosure or maintenance of that consumer’s information.
Additionally, the CCPA creates additional obligations for the kinds of notices that must be posted, the means that consumers may request deletion, transfer, or non-sale of the personal information, and the timelines surrounding these requests.
Data Breach Response
All fifty states have laws governing disclosure of personal information as a result of a data breach. Additionally, the CCPA provides for a private right of action with statutory damages for data breaches of the data of California residents that are the result of unreasonable security practices and procedures.
It is important to have a data breach plan ahead of time, so that if or when your business gets the call that your database has been hacked or otherwise improperly disclosed, you can meet your filing requirements within the statutorily prescribed period.