Simply, a website?s privacy policy sets out what details the website provider will obtain from users, and what they can do with the details. It is an essential part of complying with the Privacy Act 1988 (Cth) ?privacy principles? (section 14) which relates to those businesses based in Australia. It is essential to tell users if you are getting credit card details whenever they buy goods or services on your site, or if you demand users to register and they supply personal information for instance on social networking sites. Even if your site is simply providing information, a privacy policy is essential as data about the accessing computer is obtained by all servers.
Privacy policies are definitely not one size fits all; consider the privacy policy of Facebook compared with the privacy policy of say ebay, simply copying and pasting from one to the other could be ridiculous and it is the same for any other website. Enforceability: The most important component of website terms and conditions and privacy policies is that they should be enforceable. Think of the terms as an online contract which once taken by a user is binding on both them and you. As was the situation for DealsDirect terms which offend the law, in that case the Trade Practices Act, will not be valid or enforceable. This can lead to uncertainty for users and significantly for stores who will base their business within the terms and conditions customers have opted for.
It should be noted that the case of Trumpet Software Pty Ltd v OzEmail Pty Ltd (1996) 34 IPR 481 calls into question the actual nature of the relationship between website users and website providers. In Trumpet the court held that any online agreement which won?t see consideration (something valuable) pass relating to the two parties won?t be a contract, simply directing to a webpage doesn?t create a contractual or license arrangement. Therefore online vendors should not have enforceability complications with their terms and conditions as a submission of payment is an acceptance of your terms for consideration by a customer.
Nevertheless it looks like in ?click-wrap? agreements, when a user must click to take the terms and conditions of a site, can be contractual in Australia provided that we follow American decisions on the matter: Specht and Ors. V Netscape Communications and America Online (United States District Court, New York, 3 July 2001). This means for some websites which do not need consideration or express agreement (clicking) by users the question of enforceability stays open. It is therefore better to be safe than sorry and have your terms and conditions drafted by lawyers to avoid problems in the future.
Finally, it is important to state which country?s laws apply to your website?s terms and conditions as this is where any legal enforcement of a user or provider?s rights will occur. It is clear that website terms and conditions are not so simple as their humble place, hidden in the footnotes of websites indicate. They are extremely essential for any website or online business, particularly sellers. Therefore, it?s crucial that you get them right, do not copy and paste. Professional drafting might appear to be a large outlay of capital, however given your business model doesn?t dramatically change the terms and conditions made by a lawyer will last you the life of your website. Remember one size won?t fit all.
Every website needs relevant Online Privacy Policy. An Inveiss senior lawyer will help you prepare your Online Privacy Policy for your business.
Source: http://articlesquadron.com/legal/cyber-law/statements-to-follow-on-website-policy-in-australia
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