OfflineI have a website where i create customized web pages / Profiles for Artists who request for it to be created. I started with friends and family, but now i am getting requests from the online request form on my website, In the form i ask for the details of the artists, they either provide the details or they point me to their website, from where i gather details and create their profile.
(i also collect their email address and phone number as a proof that its the same person who is requesting for profile creation )
As part of the service, i promote their profile on Facebook and other channels, as mentioned in the Online Form, short description from the form below.
"Uncheck this checkbox if you don't want us to promote your profile
We will be using our channels (website/Socialmedia/facebook) and our advertisements to promote your profile using the contents of your profile if you check this checkbox"
Can You please let me know, if i am exposing myself to any Risk here, and if this online form can be used as a Consent form in the courts, if any of the party who has requested it files a law suit.
thanks for your help
Print Me!
If one of your clients were to file suit against you, you are right to consider consent as a potential defense. If a client were to sue you for invasion of privacy based upon your dissemination of their information, an effective consent form is likely to be admissible. For more information on privacy and consent to disclosure, please see our Legal Guide page on the topic.
The underlying question is whether the consent form you have created adequately provides notice about the ways in which you will use the information that you have gathered. Consent is only effective as to the methods of distribution that you disclose, and only to the extent that you disclose those methods in a manner that can be understood by your users. You should consult an attorney for detailed guidance on the form of disclosure that you are using, but some information on effective privacy-related disclosures can also be found in our Legal Guide section on Privacy Policies, which can be found here. I would also note that the language you provide in your post is a bit ambiguous as to whether it is an opt-out or opt-in structure; it would be worth clarifying that point.