Basically, 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 important element of complying with the Privacy Act 1988 (Cth) ?privacy principles? (section 14) which pertains to those companies situated in Australia. It is important to inform users if you are acquiring credit card details whenever they pay for goods or services on your site, or if you need users to sign up and they present personal information for instance on social networking sites. Even if your website is simply giving information, a privacy policy is necessary as details about the accessing computer is collected by all servers.
Privacy policies tend to be not one size fits all; take into consideration the privacy policy of Facebook in comparison with the privacy policy of say ebay, simply copying and pasting from one to the other will be ridiculous and it is exactly the same for any other website. Enforceability: The most important element of website terms and conditions and privacy policies is that they should be enforceable. Think of the terms as an online contract which once recognized by a user is binding on both them and you. As was the situation for DealsDirect terms which go against the law, in that case the Trade Practices Act, will not be appropriate or enforceable. This may lead to uncertainty for consumers and importantly for stores who will base their business around the terms and conditions customers have approved.
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 essential to state which country?s laws relate 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 as basic as their humble place, hidden in the footnotes of websites would suggest. They are extremely important for any website or online business, particularly vendors. Therefore, it?s essential that you get them right, do not copy and paste. Professional drafting may seem like a large outlay of capital, however given your business model doesn?t dramatically change the terms and conditions prepared by a lawyer will last you the life of your website. Keep in mind one size does not fit all.
Complete your website?s Online Privacy Policy originally. Inveiss will help you with Online Privacy Policy processes.
Source: http://obviousarticles.com/legal/cyber-law/statements-to-follow-on-website-policy-in-australia
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