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Web Essentials
By Darity Wesley

"Laws are spider webs through which the big flies pass and the little ones get caught."
-Honore de Balzac (1799 - 1850) French author

Your Internet website is the place in cyberspace from which you can build your empire. It is the great equalizer in business because a one-person office has the opportunity to develop an equivalent presence to much larger firm. That means, for the first time in history, a small fly can have the same privileges as a big fly- providing they are savvy enough to know the web of laws by which the cyber world is governed.

Here are of few of the resources you need to pass safely to success in the world of real estate technology. Whether you already have your website or are in the process of creating one, here are some laws of the cyber jungle you need to know.

  • Have a published privacy policy. This policy tells people what information you collect and what you are going to do with it. Data includes collecting email address. A privacy policy minimizes your risk of liability and builds trust with clients. It is also law in some states that you have one if you collect any information at all. A successful cyber business knows that it's important to pay attention to consumer concerns about how they obtain consumer data and what they do with it.

  • When you do large emailings, be sure to have an opt-out at the bottom of each message, in addition to a physical address and phone number. If those items are not present, you are violating the CAN-SPAM act and may be pursued by the Federal Trade Commission. (For more information on CAN-SPAM, read our article http://www.privacygurus.com/articles/05-10-04_spam.php).

  • Have a published Terms of Use statement. This lets visitors know the legal conditions that govern how they can use your site and appropriately place your disclaimers. Be sure to include information about links to your website and display a copyright notice “© 2004 Your name. All Rights Reserved” on original creations.

  • If you have employees, have a detailed section in your employee manual regarding online and offline monitoring. Notice of monitoring or a simple statement "have no expectation of privacy" in the form of a boilerplate paragraph in the handbook is inadequate.
    Ultimately, though, a successful business is really not just about technology, it's about people. If you provide an atmosphere of security and privacy protection on your website and with your associates, you can fully focus on developing your best resource- the people.

And if you make yourself a big fly in the world of the web, you will be able to avoid getting caught in the legal world of information security liability.

Darity Wesley is CEO and Legal Counsel for Privacy Solutions, Inc. a San Diego based consulting firm. Her team of Privacy Gurus® work with you to create policies and procedures to establish the expectation of privacy for your members, clients, customers, prospects, affiliates, associates, employees and vendors. You can reach her at (619)670-9462 or Darity@privacygurus.com

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