Early Learning Coalition of Broward County: Legal Risks in Privacy & Disclaimer Clauses | Erayaha

## When Privacy Meets Public Records: The Hidden Risks in ELC Broward's Terms

Our analysis of the Early Learning Coalition of Broward County's Terms & Conditions reveals several legal and logical gaps that could expose the organization to significant regulatory fines, litigation costs, and reputational damage. For example, failure to clarify data handling under Florida's Public Records Law could result in accidental disclosure of protected information—potentially costing $10,000+ per incident in penalties and legal fees. Below, we break down the four most pressing issues and provide actionable redlines to strengthen enforceability and compliance.

Ambiguity in Personal Information Handling

The privacy policy states that no personal information is collected unless the user chooses to provide it. However, it does not specify the legal basis for collection or how such data is protected in accordance with modern privacy laws (e.g., GDPR, CCPA). This ambiguity could lead to regulatory scrutiny and fines up to $7,500 per violation under CCPA.

Legal Analysis

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Simply stated, our policy is toWe collect noand process personal information about you when you visit our siteonly for the specific purposes described herein, unless you choose to makeand in accordance with applicable privacy laws such as the CCPA and GDPR. Personal information available to uswill only be collected with your explicit consent or as otherwise permitted by law, and will be protected using industry-standard safeguards.

Legal Explanation

The original clause is ambiguous and does not specify the legal basis for data collection or the safeguards in place. The revision clarifies lawful processing, consent requirements, and data protection obligations, aligning with modern privacy regulations.

Incomplete Disclosure of Public Records Obligations

While the policy references Florida's Public Records Law, it fails to clearly explain which types of user data are exempt from disclosure and under what circumstances. This lack of specificity could result in unlawful disclosures or failure to comply with statutory exemptions, exposing the organization to lawsuits and statutory damages.

Legal Analysis

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Please note thatPursuant to Florida's Public Records Law requires that all, information received in connection with state business may be made available to anyonedisclosed upon request, unless theexcept for information is subjectspecifically exempted by statute, such as personal identifying information protected under state or federal law. We will review all requests to a specific statutory exemptionensure compliance with applicable exemptions before any disclosure.

Legal Explanation

The original clause fails to clarify which types of data are exempt and how exemptions are determined, increasing the risk of unlawful disclosure. The revision provides clear compliance steps and references statutory protections.

Overbroad Disclaimer of Warranties and Liability

The disclaimer attempts to waive all warranties and liabilities, including for data security and accuracy. However, such blanket disclaimers are often unenforceable and may conflict with consumer protection statutes, leading to potential class action litigation or regulatory enforcement with damages exceeding $50,000 in aggregate.

Legal Analysis

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TheTo the fullest extent permitted by law, the Coalition disclaims any and all warranties with regard to the Web siteexpress and Web site information, including, without limitation: (A) Any implied warranties of merchantability, fitness for a particular purpose, infringement or title; (B) Any warranty of quality, functionality, operability, use or performance ofregarding the Web site or Web site information; (C) Any warranty of the accuracy completeness or validity of data or information communicated through the Web site or included in the Web site information; (D) Any warranty of the continuous availability of the Web site or Web site informationwebsite and its content. However, or that the Web site or Web site information will be uninterrupted or error-free; (E) Any warranty that the Web site information or other files or data availablethis disclaimer does not limit liability for access or downloading will be free of infection, viruses, or other code manifesting harmful, contaminating, or destructive properties; or (F) Any warrantiesdamages arising from course of dealinggross negligence, trade usagewillful misconduct, trade practice or otherwiseviolations of applicable consumer protection laws. Users retain all statutory rights that cannot be waived by contract.

Legal Explanation

The original blanket disclaimer is likely unenforceable and may conflict with consumer protection statutes. The revision preserves necessary disclaimers while ensuring compliance with non-waivable legal obligations.

Lack of Copyright and Usage Clarity for Website Content

The terms state that images are used under license but do not specify user rights or restrictions regarding website content. This omission creates ambiguity that could result in copyright infringement claims or unauthorized use, risking statutory damages of up to $150,000 per infringement.

Legal Analysis

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Various clip artAll content, including images and image collections appearing on this site are used under licensetext, is protected by the Coalition or its Web managerscopyright and may only be used for this site. These images are for viewingpersonal, non-commercial purposes onlyunless expressly authorized. AnyUnauthorized reproduction, distribution, or use may be prohibitedresult in civil or criminal liability under federal/stateapplicable copyright or trade secret laws.

Legal Explanation

The original clause is vague about user rights and restrictions, increasing the risk of copyright infringement. The revision clearly defines permitted uses and legal consequences for unauthorized actions.

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Conclusion: Proactive Risk Management for Nonprofits

Our examination shows that even well-intentioned organizations like ELC Broward face significant legal exposure from unclear or incomplete terms. Addressing these issues not only reduces the risk of regulatory fines and lawsuits but also builds trust with users and stakeholders.

Are your privacy and disclaimer clauses up-to-date with current laws?
How would your organization handle a public records request for sensitive user data?
What steps can you take today to proactively mitigate legal risk?

This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai's terms of service for liability limitations.