When you start creating your Privacy Policy, the first set of questions will be used to determine what privacy laws apply to you, and thus what disclosures your Privacy Policy needs to contain. First, you will be asked to select the state(s) in which you do business. To answer this question, you may select the state(s) from the list provided, select all U.S. states, or select none of the states.
Doing business in a particular state means engaging in one or more of the following activities:
- Having a business that is organized, incorporated, or commercially domiciled in that state;
- Engaging in transactions in that state for the purpose of financial gain;
- Having an office in that state;
- Having employees in that state;
- Purposefully directing one's activities towards that state;
- Consummating a transaction with the state or a resident of that state (i.e. having customers located in that state);
- Purposefully availing oneself of the privilege of conducting activities in that state; or
- Otherwise engaging in any activity that constitutes sufficient nexus with that state to satisfy the requirements of the United States Constitution.
A good rule of thumb is that you should select all of the states in which you have customers.