What Should a US Privacy Policy Include?

Do You Need a US Privacy Policy?

Yes, if your website or app collects any personal information. Federal law (COPPA for children, general FTC guidance) requires one. Most states now have their own privacy laws too (CCPA in California, GDPR-adjacent laws elsewhere). Not having a Privacy Policy exposes you to FTC enforcement and state attorney general actions.

What Federal Law Requires

COPPA (Children's Online Privacy Protection Act): If you knowingly collect data from anyone under 13, you must have a comprehensive Privacy Policy and get parental consent. Violations carry up to $43,792 per violation.

FTC Guidance: Your Privacy Policy must be truthful, not misleading, and match your actual practices. If you say you don't sell data but you do, that's deceptive under FTC law.

CCPA Compliance for California Residents

CCPA applies to you if:

• You do business in California, OR
• You collect data from California residents, AND
• You meet any of these thresholds: annual gross revenue >$25M, buy/sell data of 100,000+ consumers, derive 50%+ of revenue from selling data

CCPA requires your Privacy Policy to disclose:

• Categories of personal information you collect
• Purpose for collection
• Whether you sell or share data
• Consumer rights (access, deletion, opt-out)
• How long you retain data

Essential Sections for a US Privacy Policy

• What data you collect: Names, emails, IP addresses, browsing behavior, payment info, location data, device IDs, cookies
• How you collect it: Contact forms, analytics tools, cookies, social login, payment processors
• Why you collect it: Processing orders, sending emails, marketing, improving service, legal compliance
• Who you share it with: Email providers, payment processors, analytics companies, advertising partners
• How long you keep it: Specify retention for different data types
• Third-party tools: List every service and link to their privacy policy
• Children's data: If applicable, explain COPPA compliance and parental consent process
• Your contact info: Email and/or address for privacy inquiries
• Data security: Explain measures you take (SSL, encryption, etc.)
• Data breaches: Your notification policy if data is compromised
• Policy updates: How and when you notify users of changes

Third-Party Tools and Data Practices

Tools that collect data you must disclose:

• Google Analytics / GA4
• Facebook Pixel, Meta Conversion API
• Stripe, Shopify Payments, Square
• Mailchimp, Klaviyo, ConvertKit
• Hotjar, Crazy Egg (session recording)
• Zendesk, Intercom (customer support)
• Slack (if integrated with your app)

For each tool, explain what data it collects and link to its privacy policy so users can learn more.

State Privacy Laws Compliance

Beyond CCPA, many states have similar privacy laws:

• California: CCPA, CPRA (stricter, effective 2023)
• Virginia: VCDPA
• Colorado: CPA
• Connecticut: CTDPA
• Texas: TDPSA
• New York: NY SHIELD Act, proposed privacy law
• Other states: Proposed or in draft stages

If you have US users, assume you must disclose data practices under CCPA-like standards.

Common Privacy Policy Mistakes

• Vague language: "We may collect information" is too weak. Be specific
• Misleading users: Saying you don't sell data when you do (data brokers can count as "selling")
• Hidden in fine print: Make it easy to find and read
• No update date: Always date your policy and note when it was last updated
• Not matching practice: If your policy says one thing but you do another, that's FTC deception

Sample Structure for Your Privacy Policy

Intro: "At [Company], we respect your privacy. This policy explains how we collect, use, and protect information."

Data Practices: Detailed sections on collection, use, sharing, retention

Consumer Rights: Access, deletion, opt-out (depending on your state)

Contact: "Questions? Email privacy@yoursite.com"

Updates: "Last updated [date]"