Commercial Point, OH asked in Business Law for Ohio

Q: I want to create a dating site, but I'm scared of third-party data leaks. How do I word the ToS to protect myself?

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1 Lawyer Answer
James L. Arrasmith
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A: When drafting the Terms of Service (ToS) for your dating site, it's important to clearly outline how user data will be managed, including the use of third-party services. You should explicitly state the circumstances under which data might be shared with third parties and the measures in place to protect it.

Include a disclaimer regarding the potential risks of data leaks or breaches and clearly state that your service is not liable for unauthorized access to or leaks of data once it's in the hands of third-party providers, as long as all reasonable security measures are in place on your end.

Ensure that your ToS clearly informs users about their rights and responsibilities concerning their data. Encourage users to read the privacy policy, which should detail how their data is collected, used, and protected.

It's also wise to include a clause that requires users to agree not to hold your service liable for any loss or damage resulting from third-party data breaches. However, be aware that this does not absolve you from the responsibility of implementing reasonable security measures.

Finally, since this is a complex legal area, it's advisable to seek advice from a lawyer with experience in data privacy and internet law to ensure your ToS is comprehensive and compliant with relevant laws and regulations. Remember, a well-drafted ToS can provide a strong foundation for your website's operations while safeguarding you from certain liabilities.

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