Believe it or not, many people, including some in the Web Design industry, are understandably confused about this very issue.
Federal Trade Commission Act of 1914
Section 5 of the Federal Trade Commission Act forbids any unfair or deceptive marketing practices in commerce. Thus, even though the FTC does not explicitly regulate privacy in commerce, if it has been determined that your website has not made it clear to your website visitors, how you intend to share information that personally identifies them after you have collected it from them, this could be considered a deceptive marketing practice.
But, I Don’t Collect Information from my Website Visitors, Do I?
If your website contains any type of online form (i.e. Contact Form, Price Quote Form, Appointment Request, Online Reservation, eCommerce Checkout Form, etc.), then you would be collecting personal information from your website visitors. Moreover, if you are using any kind of analytics tracking, such as Google Analytics, then you would also be receiving information about your visitors.
Even if you do not utilize any type of visitor tracking, or online forms, it is still a good idea to provide website visitors access to your private policy.
You may want to consult with an attorney experienced in this type of legal issue and how to comply with any local or federal legal requirements.