Legal Documents About Website Policy In Australia

February 29, 2012 · Posted in Internet · Comment 

In simple terms, a website’s privacy policy sets out what details the website provider will acquire from users, and what they can do with the information. It is an essential area of complying with the Privacy Act 1988 (Cth) ‘privacy principles’ (section 14) which pertains to those businesses situated in Australia. It is very important to advise users if you are obtaining credit card details whenever they buy goods or services on your site, or if you need users to subscribe and they provide personal information for example on social networking sites. Even if your website is simply presenting information, a privacy policy is crucial as details about the accessing computer is gathered by all servers.

Privacy policies are certainly not one size fits all; consider 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 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 recognized by a user is binding on both them and you. As was the case for DealsDirect terms which offend the law, in that case the Trade Practices Act, will not be appropriate or enforceable. This leads to bias for customers and importantly for vendors who will base their business around the terms and conditions customers have opted for.

It must be noted that the situation of Trumpet Software Pty Ltd v OzEmail Pty Ltd (1996) 34 IPR 481 calls into question the exact 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 involving the two parties won’t be a contract, simply directing to a webpage won’t create a contractual or license arrangement. So 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.

However it appears as if in ‘click-wrap’ agreements, in which a user must click to take the terms and conditions of a site, will be contractual in Australia given 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 continues to be open. It is therefore preferable to be safe than sorry and have your terms and conditions drafted by lawyers to prevent problems in the future.

Finally, it is essential 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 so simple as their humble place, hidden in the footnotes of websites would suggest. They are extremely essential for any website or online business, particularly sellers. It is therefore essential that you get them right, do not copy and paste. Professional drafting may seem like 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 does not fit all.

Complete your website’s Online Privacy Policy originally. Inveiss will help you with Online Privacy Policy processes.

Privacy Policy In Australia: Must Have In Online Business

February 14, 2012 · Posted in Internet · Comment 

The Commonwealth Government’s 13 proposed Australian Privacy Principles (APP), to be incorporated together with a new Privacy Act 1988 (Cth), and will substitute the Information Privacy Principles (the IPP, which govern the Commonwealth public sector) and National Privacy Principles (or the NPP, which govern private sector conduct). The Cabinet Secretary liable for drafting the new laws, Joe Ludwig, has stated that the individual’s privilege to privacy is a ‘fundamental human privilege that must be taken care of’. As a result, the actual legislation will be amended with the following goals in mind:

The two existing sets of principles (the IPP and NPP) will be replaced by a single, streamlined and harmonised set of commitments that draw on the actual principles; That the Principles should signify a proportionate set of specifications to deal with the chance of damage from improper giving and handling of an individual’s sensitive information; To make sure that the standards also take into consideration an individual’s practical anticipations around the treating of their information; and To make certain that the policies strike a balance concerning the Public’s and the individual’s interest in useful, valuable service delivery and public safety.

Alternatively, website terms and conditions usually are not the very first thing you check out when browsing a website, logically most people never check out a website’s terms and conditions unless confronted with a dialogue box seeking their acceptance. However getting a page of terms and conditions in addition to a privacy policy is necessary to the successful operation of your website or internet business. In 2009 the ACCC began a crackdown on the websites of online stores who “simply ‘cut and paste’ information from other sites on warranties and refunds without verifying that the facts are correct”, to quote the ACCC chairman Graeme Samuel. The ACCC effectively pursued the large online retailer DealsDirect over warranty terms on their own goods that have been in breach of the Trade Practices Act 1974 (Cth). The organization was instructed to tweak its website terms and conditions in accordance with a court order.

While problems with the previous Trade Practices Act 1974 (Cth), now the Competition and Consumer Act 2010 (Cth), are limited to websites selling services or goods, every website needs terms and conditions as other laws will have an affect on them. For instance you might need to minimize the ways in which users can use your website’s content; this will simply be enforceable if your terms and conditions abide by the regular and statutory laws of contract, and the Copyright Act 1968 (Cth). Here are some areas to think about when composing website terms and conditions: What does your website feature? Every website differs and will therefore require a unique range of terms and conditions. Websites can typically be separated into the groups of supplying information, product and/or service sales, and those permitting user generated content. It is vital to sort out what it is your website is providing and draft your terms and conditions appropriately.

As an example a web page permitting people to purchase products and/or services requires terms about distribution, warranties, a returns policy, and to make sure such terms and conditions do not offend the provisions of the Competition and Consumer Act 2010 (Cth). Websites permitting user generated content will need terms describing who carries legal responsibility for the content, and procedures for coping with unpleasant content. Any website will also need to express the conditions upon which end users can use website content and features, and to determine what uses of original content are allowed under the Copyright Act 1968 (Cth). One size doesn’t fit all, and simply copying and pasting the terms and conditions of another website to your own will mean you are left with a policy that does not match your website’s content and operations – a problem that may have legal ramifications like it did for DealsDirect.

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

Conditions And Rules For Privacy Policy In Australia

February 8, 2012 · Posted in Internet · Comment 

The Commonwealth Government’s 13 proposed Australian Privacy Principles (APP), to be incorporated together with a new Privacy Act 1988 (Cth), and will substitute the Information Privacy Principles (the IPP, which govern the Commonwealth public sector) and National Privacy Principles (or the NPP, which govern private sector conduct). The Cabinet Secretary responsible for drafting the new laws, Joe Ludwig, states that the individual’s right to privacy is a ‘fundamental human right that must be taken care of’. As a result, the existing legislation will be amended with the following goals in mind:

The two existing sets of principles (the IPP and NPP) will be replaced by a single, structured and harmonised set of obligations that draw on the existing principles; That the Principles should speak for a proportionate range of criteria to address the chance of damage from incorrect sharing and addressing of an individual’s personal information; To make certain that the criteria also consider an individual’s practical anticipations around the treating of their information; and To make certain that the rules hit a balance concerning the Public’s and the individual’s desire for efficient, valuable service delivery and public security.

On the other hand, website terms and conditions usually are not the very first thing you look at when browsing an online site, realistically most people never examine a website’s terms and conditions unless encountered with a dialogue box needing their acceptance. However having a page of terms and conditions in addition to a privacy policy is critical to the successful functionality of your website or internet business. In 2009 the ACCC began a crackdown on the websites of online stores who “simply ‘cut and paste’ information from other sites on warranties and refunds without checking that the facts are correct”, to quote the ACCC chairman Graeme Samuel. The ACCC effectively pursued the large online retailer DealsDirect over warranty terms on their goods that were in breach of the Trade Practices Act 1974 (Cth). The corporation was instructed to change its website terms and conditions in accordance with a court order.

While issues with the previous Trade Practices Act 1974 (Cth), now the Competition and Consumer Act 2010 (Cth), are limited to websites selling services or goods, every website needs to have terms and conditions as other laws will impact on them. For example you might like to minimize the ways in which people can use your website’s content; this will only be enforceable if your terms and conditions abide by the normal and statutory laws of contract, and the Copyright Act 1968 (Cth). Here are several areas to take into account when composing website terms and conditions: What does your website offer? Every website is unique and will consequently require a unique list of terms and conditions. Websites can usually be divided into the categories of offering information, product and/or service sales, and those permitting user generated content. It is necessary to work through what it is your website is offering and draft your terms and conditions accordingly.

As an example a web page allowing end users to obtain products and/or services is going to take terms about distribution, warranties, a returns policy, and to make sure such terms and conditions do not go against the provisions of the Competition and Consumer Act 2010 (Cth). Websites enabling user generated content needs terms explaining who carries responsibility for the content, and processes for dealing with offensive content. Any website will also have to demonstrate the conditions upon which users can use website content and features, and to know what uses of original content are allowed under the Copyright Act 1968 (Cth). One size does not fit all, and merely copying and pasting the terms and conditions of another website to your own will mean you are left with a policy that won’t satisfy your website’s content and procedures – a difficulty that may have legal implications like it did for DealsDirect.

Complete your website’s Online Privacy Policy originally. Inveiss will help you with Online Privacy Policy processes.