Windows 8 App Certification

Regardless of whether you collect personal information in your app, you must have a privacy statement in your app description and the Windows Charm settings.

Otherwise, your app won’t get certified. Period.

P.S.  Even if you state explicitly that you do not collect user data in the description or write to the testers, they will still strictly enforce the requirement 4.1.

4.1 Your app must comply with the following privacy-related requirements:
4.1.1 Your app must have a privacy statement if it collects personal information

If your app collects or transmits any user’s personal information, including an IP address, you must maintain a privacy policy that complies with applicable laws and regulations, informs users of the information collected by your app and how that information is used, stored, secured and disclosed, and describes the controls that users have over the use and sharing of their information, and how they may access their information.

You must also provide access to your privacy policy in the Description page of your app, as well as in the app’s settings as displayed in the Windows Settings charm.”

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