Do I Need a Privacy Policy or Terms & Conditions on My Website?

do i need a privacy policy or terms & conditions on my website?

When launching your web presence, in addition to ensuring you have content that supports your business and is optimised for SEO, you also want to make sure you have content that protects you and your business.

Whether to add a privacy policy page and/or a terms and conditions page is a question most people have when creating a website. But what are those legalese content pages and do you need to have them on your website?

The short answer is yes!

Continue reading to learn more about privacy policy and terms and conditions, and how to easily add them to your website.

Do I Need a Privacy Policy?

A privacy policy explains to your website visitors how you will handle their private information. In Australia, some businesses are not legally required to have a privacy policy. However, it’s best practice to add one to your website, especially if you’re capturing any information from your website visitors (even just email for a newsletter).

In addition, if you’re conducting business with people in the EU, your website will also have to comply with General Data Protection Regulation or GDPR. Luckily, the requirements for complying with the GDPR and an Australian privacy policy are about the same. We’ll explore them more below.

How to Write a Privacy Policy

Writing a privacy policy isn’t difficult, especially when there are templates available for you to use. However, even if you’re using a template you must make sure your privacy contains the following:

  • Your business name and contact details
  • The type of personal information you plan to collect and store
  • How you will collect a person’s information
  • Why you are collecting the information
  • How you will use and disclose the information
  • How a person can access their information and/or ask for a correction
  • How they can submit a complaint if they feel their information has been mishandled and how you’ll handle their complaint
  • If you are likely to disclose their information outside Australia and, if practical, to which countries

As mentioned above, if you conduct business in the EU, you will also need to make sure you’re GDPR compliant. Again, most of the requirements for a private policy fulfils a GDPR requirement.

However, the main difference is that the GDPR gives your website visitors the “right to be forgotten.” This basically means that your website visitors have the right to request that you delete any and all information you’ve collected from them.

To both protect your business and build confidence with your website visitors, you should add both the Australian privacy policy requirements and the GDPR guidelines to your website privacy policy.

Do I Need a Terms and Conditions?

While the privacy policy explains how the website visitor’s information is used and protected by you. The terms and conditions outlines what the website visitor can expect (or not expect) by visiting and/or conducting business on your website.

Though they are not required by law, it’s good practice to add a terms and conditions page to your website. Often, courts will still look at a website’s terms and conditions as a type of contractual agreement between you and your website visitor.

It protects you.

How to Write a Terms and Conditions

Similar to a privacy policy, there are terms and conditions templates you can use to create your terms and conditions content for your website. However, make sure the following is included:

  • Australian consumer law and consumer guarantees
  • Delivery of goods, returns and refunds policy
  • Privacy and a disclaimer for warranties
  • Disclosure of information
  • Your ownership and intellectual property
  • Limiting liability for information and material
  • Limiting liability for third party links
  • The user’s rights and a licence to use the website.

 

I hope this was helpful! To quickly recap, it’s best if you create a privacy policy and a terms and conditions for your website. Evenmore, make sure you create the content or have it created for you by your legal team or legal template, and do not copy it from someone else’s site. Though most of the information may be the same, there are parts of each that will need to be customised to you and your website, plus this document will be subject to copyright by either the company itself or the legal company who drafted the document.

Explore my blog for more helpful website advice!

Disclaimer: This article should be used as information only and not legal advice. If you have specific questions about your website’s privacy policy or terms and conditions needs, you should seek expert legal advice.

Hey, I’m Lillie

I am a website and UX designer based in Brisbane, Australia, but work with women in business worldwide. I am a coffee addict, art and interior design lover and all-round creative. I live with my little family of 3 in our cute little 70’s style bungalow.

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