Legal Question in Intellectual Property in California
My question is two fold. We are a SaaS company and would like to know if we can list our clients on our website without getting written permission? Secondly, can we list them in a press release without getting permission? It is often extremely difficult to get permission from customers at large organizations because they do not want to invest the time in getting the appropriate approvals.
FYI - We do say in our privacy policy that we can list their names in our marketing materials.
2 Answers from Attorneys
Can't answer your question without further detail. What is an SaaS company?
A lot of companies list their clients on websites, etc. without going through any particular consent-approval process. Whether this violates various privacy rights is another issue. The underlying contract between you and your clients may (and should) address this issue. The nature of the underlying relationship is something else to consider. For example, attorneys must keep everything clients tell them, including their identity, in strict confidence. Best for you to contact an attorney in your area to discuss this further.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
"SaaS" means "software as a service." I think in your business a simple listing of your clients would be above reproach, as long as you don't provide any further details such as the size of the contract, specifics about what software you provide, locations, etc., and in particular nothing that would assist or entice a hacker to launch an attack on your client. Only you would know if the listing would compromise anyone's security. Also you should ask yourself if the listing would provide your competitors' sales forces with a new call list.
Remember that vulnerability to suit is based on damage ...... a client that is not damaged may complain a little, or may take its business elsewhere, but is unlikely to sue unless it has been harmed in some way.