Question

End User/Privacy Policy

Asked 25 October 2010 · 2 answers

The question

We have an application we created for iPhones. This application allows us to sell the application to shop owners to open their own mobile shop. Once a shop is opened they have customers "end users". We have a license agreement with the shop owner that will cover the information we gather or store for our purpose, plus will provide the terms and conditions. Does our shop owner have to have a end user agreement with the end user, and do they have to provide a privacy policy? If they choose not to offer either are we as a application provider at risk of someone coming after us?

There is a credit card component to this application that the app gets the card, but do not store the card information, it is done by our "Payment Gateway", how should we protect ourselves in this manner or is this the responsibility of the shop owner?

From the LawyerCentral forum archive. Originally posted 25 October 2010 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

2 answers

Visitor answer 25 October 2010

Correct if I'm getting anything wrong:

Are you a turnkey solutions provider or are simply

supplying the software that enables businesses to set

up their own mobile stores?

If you are simply the software provider, then you ought

to have something in your own privacy policy that

states that responsibility for information privacy

rests with the businesses from which the end users are

purchasing. In which case, the businesses themselves

should provide their own privacy policy.

If you are handling the transactions and shipping

yourself (i.e., you are bypassing the businesses

themselves in this regard), then your privacy policy

should be sufficient, unless there is some way that

your clients can access the end users' information. If

that is the case, then you might be putting yourself at

risk.

Hope that was helpful.

Visitor answer 25 March 2011

The shop owner should have an end user or privacy policy as well particularly if your EU/PP is only suitable for the shop owners.

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