Town of Mountain Village: Key Legal Risks in Website Terms & Privacy Practices | Erayaha

## When Website Terms Fall Short: Legal Risks in Town of Mountain Village’s Online Framework

Imagine facing fines of up to $20 million or 4% of annual revenue under the GDPR, or costly class-action lawsuits for privacy violations. Our analysis of Town of Mountain Village’s website terms uncovers several critical legal and logical gaps that could expose the municipality to substantial financial and reputational harm.

1. Ambiguous Cookie Consent and Data Processing

The website states, “By clicking 'Accept All', you consent to our use of cookies.” However, the language does not specify the types of cookies, the data collected, or the third parties involved, nor does it provide granular consent options as required by GDPR and CCPA. This exposes the Town to regulatory penalties and undermines user trust.

Legal Analysis

high Risk

Removed

Added

By clicking 'Accept All', you consent to ourthe use of cookies as described in our Cookie Policy, including detailed information on the types of cookies used, the specific data collected, the purposes for which data is processed, and the third parties involved. You may also manage your preferences for each cookie category in accordance with applicable data protection laws.

Legal Explanation

The original clause is overly broad and does not meet GDPR/CCPA requirements for informed and granular consent. The revision provides specific, transparent information and enables users to exercise meaningful control over their data.

2. Incomplete Disclosure of Data Use and Third-Party Sharing

The privacy policy indicates use of analytics and marketing cookies, but fails to explicitly disclose which third parties receive user data or the specific purposes for such sharing. Under GDPR Article 13 and CCPA §1798.110, failure to provide this information can result in significant fines and enforcement actions.

Legal Analysis

high Risk

Removed

Added

These cookies enable our website to offer additional functions and personal settings. They canmay be set by us or by specifically identified third-party service providers that we have placed on, whose names, data processing purposes, and data sharing practices are disclosed in our pagesPrivacy Policy.

Legal Explanation

The original clause fails to identify third parties or specify the nature of data sharing, which is required for transparency under GDPR Article 13 and CCPA. The revision ensures users are informed about who receives their data and for what purposes.

3. Lack of User Rights and Data Access Mechanisms

There is no mention of user rights such as data access, correction, deletion, or opt-out mechanisms. This omission is a direct compliance gap with GDPR Articles 15-22 and CCPA requirements, increasing the risk of regulatory action and user complaints.

Legal Analysis

medium Risk

Removed

Added

We do not track or record information about individuals and their visits, except as necessary to comply with user requests or legal obligations. Users have the right to access, correct, delete, or restrict processing of their personal data, and may exercise these rights by contacting us as described in our Privacy Policy.

Legal Explanation

The original clause omits user rights required under GDPR Articles 15-22 and CCPA, such as access, deletion, and opt-out mechanisms. The revision provides a clear path for users to exercise their rights, reducing regulatory risk.

4. Unclear Legal Basis for Data Processing

The terms state, “We process this information in the aggregate to determine Website performance issues…” but do not clarify the legal basis for processing personal data, such as consent, legitimate interest, or contractual necessity. This ambiguity can render data processing unlawful under GDPR and similar frameworks.

Legal Analysis

medium Risk

Removed

Added

We process this information in the aggregate to determine Websitewebsite performance issues, such as popular pages, most and frequently downloaded forms, based on legitimate interest and other Website performance characteristicsin compliance with applicable data protection laws. Where required, we obtain user consent prior to processing personal data.

Legal Explanation

The original clause does not specify the legal basis for data processing, which is required under GDPR Article 6 and similar laws. The revision clarifies the legal grounds for processing and ensures compliance.

---

Conclusion: Proactive Legal Safeguards Are Essential

Our examination shows that Town of Mountain Village’s website terms and privacy practices contain critical gaps that could result in regulatory fines, litigation costs, and loss of public trust. Addressing these issues with clear, compliant language and robust user rights mechanisms is essential for legal enforceability and risk mitigation.

Are your website terms and privacy policies fully aligned with global data protection laws?
What would a regulatory audit reveal about your data collection and consent practices?
How much could a privacy class action or regulatory fine cost your organization?

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.