Cookies Policy

What are cookies?

A Cookies Policy is a disclosure by a website of:

• What cookies are used by the company

• How those cookies are used to collect the private information of visitors

• How the user can control the disclosure of information and use of the cookies for collection

A Cookies Policy allows the company to have full disclosure with its users and creates a transparency of the collection of private information.

You may be more familiar with a Privacy Policy than you are with a Cookies Policy. A Privacy Policy is required by the United States Federal Trade Commission (FTC) and is a full disclosure of the practices of collecting, holding, and disclosing personal information.

Depending on where your company is based and who your audience is, your company can include a Cookies Policy or cookies clause in your general Privacy Policy, or you may need to separate these policies.

Do You Legally Need a Cookies Policy?

It all depends on where your audience is located. The US and the European Union (EU) have different requirements about the inclusion of a Cookies Policy.

Figuring out what exact laws apply to you is extremely important in how you display your Cookies Policy.

United States

In the US, the FTC is the legal body that protects the private information of individuals online. Under FTC law, US companies and EU companies that have US users, are required to have a Privacy Policy clearly stating:

• What information is being collected and how it is stored

• How the data is used

• Who data is disclosed to

• How you can adjust disclosure of your information

Cookies would fall under all of these disclosure statements and be included in the Privacy Policy.

However, the US does not require a separate Cookies Policy. Generally, US companies include a cookies section in their overall Privacy Policy, unlike EU laws which require a separate policy.

An example of this can be seen in Target's Privacy Policy. Target does not have any stores in the EU and does not ship to residents outside of the US, meaning it is not required to include a separate Cookies Policy.

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