Basically, a website’s privacy policy sets out what information the website provider will collect from users, and what they can do with the information. It is an important area of complying with the Privacy Act 1988 (Cth) ‘privacy principles’ (section 14) which refers to those enterprises based in Australia. It is important to inform users if you are getting credit card details whenever they pay for goods or services on your site, or if you require users to subscribe and they present personal data for example on social networks. Even if your website is simply giving information, a privacy policy is crucial as details about the accessing computer is obtained by all servers.

Privacy policies tend to be not one size fits all; take into consideration the privacy policy of Facebook in contrast to the privacy policy of say ebay, simply copying and pasting from one to the other would be foolish and it is exactly the same for any other website. Enforceability: The most important section of website terms and conditions and privacy policies is that they should be enforceable. Think of the terms as an online contract which once approved by a user is binding on both them and you. As was the fact for DealsDirect terms which offend the law, in that case the Trade Practices Act, won’t be appropriate or enforceable. This may lead to bias for consumers and significantly for suppliers who will base their business around the terms and conditions customers have approved.

It must be noted that the case of Trumpet Software Pty Ltd v OzEmail Pty Ltd (1996) 34 IPR 481 calls into question the precise nature of the relationship between website users and website providers. In Trumpet the court held that any online agreement which does not see consideration (something valuable) pass between the two parties will not be a contract, simply navigating to a webpage won’t establish a contractual or license arrangement. It means that online sellers should not have enforceability difficulties with their terms and conditions as a submission of payment is an acceptance of your terms for consideration by a customer.

Nonetheless it seems that in ‘click-wrap’ agreements, where a user must click to simply accept the terms and conditions of a site, could 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 demand consideration or express agreement (clicking) by users the question of enforceability stays open. Therefore, it is advisable to be safe than sorry and have your terms and conditions drafted by lawyers in order to avoid problems in the long run.

Last but not least, it is important to state which country’s laws apply to your website’s terms and conditions because 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 indicate. They are extremely important for any website or online business, particularly suppliers. Therefore, it’s essential that you get them right, do not copy and paste. Professional drafting might appear to be a large outlay of capital, however provided your business model doesn’t dramatically change the terms and conditions made by a lawyer will last you the life of your website. Bear in mind one size won’t fit all.

Get your business an efficient Online Privacy Policy. Inveiss will help you draft your Online Privacy Policy in no time.