Website Privacy Policies + Terms and Conditions
If you are a business with a website, you need a website privacy policy
This is a good idea whether or not you technically fall within the definition of a business obliged to do so by the Privacy Act 1988 (Cth).
If you own an online business that in any way operates within the European Union (EU) or collects data about EU citizens, you will need to ensure your privacy policies are compliant with the EU’s General Data Protection Regulation (GDPR).
Canny Insight can customise a website privacy policy and terms and conditions for your website, which adheres with your legal obligations in handling the personal information of any users of your website or App, including obligations under the GDPR (if applicable).
This is one of the many services included with our 12-month subscription Packages, which are aimed at meeting the internal compliance and legal needs of any sized business.
Contact us today to see if we can help your business, and don’t forget to check out our recent blogs.
Website Privacy Policies + Terms and Conditions FAQs
Why Do I Need Website Privacy Policies?
Having a privacy policy for your business that is easily viewed on your website by anyone accessing your goods and services is becoming best business practice for most Australian businesses.
The range of businesses that must comply with the Privacy Act coverage is growing, and for those businesses having a written privacy policy in place is a legal requirement.
For this reason, and because consumers are increasingly concerned with how their personal information is collected, used, disclosed and stored, most businesses are opting to have a privacy policy on their website to confirm their compliance with Australia’s privacy laws.
Do I Need Terms and Conditions?
As with all agreements impacting your business, it is important to have your business’s terms and conditions in writing so they are easily understood by your consumers.
These are terms under which your business operates or provides its goods and services, and are referred to by many other names, such as Terms of Trade, Terms and Conditions, Terms of Engagement, or even Service and Supply Agreements.
What are Website Terms and Conditions?
Website Terms and Conditions are slightly different from general terms and conditions or terms of trade/engagement, as these are the terms that relate to the use of your website.
They are also commonly referred to as Website Terms of Use.
These can be particularly important for businesses that operate mainly online, and usually un alongside your Privacy Policy as both deal with the use of any visitor’s data.
Website terms set out the rules for anyone visiting your website and outline what your business will and won’t be responsible for when anyone engages with your website, and your business.
What If I've Been Operating Without Terms and Conditions?
This won’t be a problem, until it is a problem.
As with most agreements, it is easier to refer back to a written agreement if any issues arise in the future, and having your terms clearly stated from the outset puts any clients or visitors to your website on notice about your minimum terms in providing your goods and/or services.
Are Terms and Conditions Legally Binding?
Yes, as long as they don’t contradict any laws.
Terms and Conditions, whether they relate to your service, goods, or the use of your website, exist in order to set out your minimum legal responsibilities, and also those of your user in choosing to engage with your business.
They address the fundamental aspects of your service or the goods you are supplying, but if they act in opposition to your legal obligations, the law will always prevail.
This is why having a business lawyer review your written agreements is crucial as they can help ensure they are not operating outside your minimum legal obligations.
How Often Should I Update My Terms and Conditions?
If you’ve had your terms prepared by a lawyer, they should last for some time.
It is difficult to say exactly how long as this will always depend on whether any legal changes or updates occur which means your terms and conditions may need to be modified.
At Canny Insight, we stay informed and provide regular updates on legal changes that might affect our clients via our blog posts and ensure our agreements alight with the laws currently in operation.
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