The High-touch Legal Services® Blog • For Startup Companies

Any Website provider or online service – including any mobile app – that collects personally identifiable information from users residing in California needs to have, and must conspicuously post, a privacy policy. The details are set forth in Business and Professions Code Sections 22575 through 22579.

Personally identifiable information includes, but is not necessarily limited to:

• First and last name
• Physical address, including street name and name of a city or town
• Email address
• Telephone number
• Social security number
• Any other identifier that permits the physical or online contacting of a specific individual

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From time to time, developers inquire about best practices in marketing their mobile apps and protecting users’ privacy. Last month the Federal Trade Commission expressed its opinion on these issues (Marketing Your Mobile App: Get It Right from the Start).

On the marketing side, the FTC has two guidelines:

• Tell the truth about what your app can do.
• Disclose key information clearly and conspicuously (make sure that users actually notice your disclosures and are able to understand them).

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