Who is responsible for my website privacy policy and terms of use?

We’re glad you asked!

Ultimately, it is your responsibility (as the owner of your website) to make sure your website Privacy Policy and Terms of Use are correct and up to date. Even if you’re enlisting the help of a web developer, an employee, or a lawyer to write and/or publish these documents – the buck stops with the Directors of your organisation / the business owners.

Examples: Website Privacy Policy and Terms of Use documents

If you’re looking for examples of these documents, feel free to view our Privacy Policy here and our Terms of Use here. You’re more than welcome to swipe these and modify to suit your site. Again, these are yours or your lawyer’s responsibility to get right.

What is a Privacy Policy for a website?

A Privacy Policy is a legal document that details how your website gathers, stores and processes its users’ data. Often linked to in the footer, this statement should be easily accessible to each and every person who visits your website.

To get the green light under all relevant legislation, your Privacy Policy needs to confirm whether user information will be kept confidential or shared with third parties (and that’s just the beginning – we dive into more required inclusions below). Privacy Policies are actively monitored by the Office of the Australian Information Commissioner (OAIC), so make sure you get it right!

Privacy Policy website requirements

So what exactly does your website’s Privacy Policy need to include? Here are some key components this statement must cover:

1. The type of personal information you collect, store, use and disclose;
2. The reasons why you collect, store, use and disclose personal information;
3. The ways in which you collect, store, use and disclose personal information;
4. How an individual is able to access and correct personal information you are holding;
5. How an individual may lodge a complaint if they believe their information has been mishandled under the Australian Privacy Principles, and how you’ll handle this complaint;
6. Whether you are likely to disclose personal information outside of Australia and if so, to which countries; and
7. Your business name and contact details.

What about cookies?

If your website is using cookies, you’ll need to let users know by including a notification clause in your Privacy Policy.

What is a ‘cookie’ you ask? This tiny file is implemented on a website browser to gather information about user behaviour. In short, it allows websites to personalise their configurations to individual needs and wants – even down to the types of ads served.

While cookies can’t access information stored on a user’s device or any personal information, they do collect identifiable data for use by external parties. For instance, Google Analytics, Google Ads and lots of other third party platforms will use cookies to track your website visitors.

That’s why website owners are required to notify visitors of any cookies used to assess their behavior. In fact, Google Analytics actually stipulates that you have to post an appropriate Privacy Policy notice if you’re using their tools.

Importance of including a Privacy Policy on a website

There are three key reasons why including a Privacy Policy on your website is an absolute must if you gather user data in any way. Below, we take you through the ins and outs of each so that you can fully understand the importance of this fine print!

Build trust, gain customers

Your Privacy Policy is a key opportunity to assure website visitors (and prospective customers) that they can trust your business to keep their personal information confidential and secure. In other words, a clear and comprehensive statement can boost your reputation as a professional and credible business – qualities that will help you turn browsers into buyers!

Building this trust is an important move judging by responses from the 2020 Australian Community Attitudes to Privacy survey. Below are just a few of the statements consumers agreed with:

Keep Google (and other affiliates) happy

As mentioned above, your website will likely share data with a third party like Google or Facebook through cookies for marketing purposes. As a term of using their services, many of these platforms will require your website to post a Privacy Policy agreement that notifies users of the information being collected.

Same goes if you want to feature in-page advertising to earn some extra revenue from your website. As third-party ads gather user data, their providers will probably make sure your website requests permission from its visitors to share their personal information.

Is a website Privacy Policy required by law?

Last but not least, a website Privacy Policy is required by law in Australia. If your website gathers and/or processes any type of user information (we’re talking a single email address on a simple Contact form), then you are legally obliged to post a Privacy Policy.

Still not sure if you need a Privacy Policy? Check out the Privacy Act 1988 to see if your website is covered. This Act, along with the Australian Privacy Principles, regulates the handling of personal information so is worth consulting if you have any concerns!

How to create a website Privacy Policy

If you’ve Googled this topic before, you’ve probably already come across some businesses selling Privacy Policy templates – most of which will come with hefty disclaimers! So if you decide to use a ready-made template, make sure you review its terms and conditions carefully before tailoring it to your business.

And to really hit the mark, we suggest following these best practices when creating your Privacy Policy:

• Write each section in plain English that anyone would find easy to understand.
• Don’t promise anything you can’t actually fulfill – be honest and transparent in your commitment to user privacy or it may come back to bite you.
• Include clear and simple instructions for users to update or delete their personal information and preferences (because is there anything more frustrating than not knowing how to opt out of marketing comms?).
• Remember to update your Privacy Policy in line with any changes to the law, your business or your practices.

Once you’re happy with the result, we recommend getting a lawyer to review your Privacy Policy before you add it to your website. That way, you can rest easy knowing it contains the right wording to comply with relevant laws and protect your business from any costly claims down the line.

How to add a Privacy Policy to your website

Most of the time, legal notices like Privacy Policies and Terms of Use will be linked to in a website’s footer. Sticking to this standard will make it quick and easy for visitors to find your Privacy Policy!

Not sure how to add a Privacy Policy link to your website’s footer? This process depends on the type of Content Management System you use, so there’s no one-size-fits-all answer. The good news is that our expert web developers can take care of this step for you as part of your digital project with Redback.

Whether your business is selling products, offering services or collecting personal information, its website will need to include both a Privacy Policy and Terms of Use. No ifs, ands or buts.

What is a Terms of Use?

A ‘Terms of Use’ is a legal agreement designed to govern user interaction with your website. In other words, a user must agree to and respect these terms if they want to use your website. These terms can address a variety of topics, ranging from customer service, copyright and liability to shipping, returns and refunds (more on this below!).

Note that your Terms of Use must be clear, reasonable, lawful, and agreed upon by the user to be considered a legally-binding contract.

Terms of Use are generally implemented in one of two ways, which we break down below:

Clickwrap Terms of Use

Ever been hit with a website pop up asking you to tick an ‘’I agree’’ box before being able to view its content? That’s a good old clickwrap Terms of Use. By requiring and recording an action, this option removes the risk of users claiming they never accepted the agreement.

Browsewrap Terms of Use

If you’re trying to rev up online traffic to your website, then you might prefer to go with a browsewrap Terms of Use instead. By having a link to a dedicated Terms of Use page in the website’s footer, there won’t be any barriers between your potential customers and your landing page.

That said, a browsewrap Terms of Use involves implicit agreement with no official action from the user. While this makes it a lot harder to defend against claims from visitors alleging they never saw or agreed to your terms, the Court is likely to enforce your agreement if:

1. It is clearly displayed on your website; and
2. Includes a clause that browsing your website is akin to accepting the agreement.

Do I need Terms of Use on my website?

Yes, it is always a good idea to include Terms of Use on your website. While not a legal requirement, this agreement brings many benefits for both your business and your users. With a quality Terms of Use, you can:

Tell users what your website is all about

State what your website does, what it doesn’t do, who it’s for, how often it’s content is updated and so on. By clarifying the exact purpose and nature of your website, you can answer key questions and ward off potential misunderstandings.

Set the rules for using your website

Firstly, you can specify what users are and are not allowed to do on your website. For instance if your website users can post comments and upload media files, it’s a good idea to include terms on what they are permitted to submit.

Limit liability for your website

It’s important to take measures that will help you to avoid the finger of blame if things go wrong for users on your website. By including disclaimers in your Terms of Use, you can prevent or downsize potential legal issues by prohibiting reliance on your website’s content.

Protect intellectual property

Terms of Use give you the chance to explain any intellectual property rights over the content featured on your website. For instance, how a user may use copyright material on your website and/or users’ right to use material uploaded by other users. With clear guidelines in place, you can help to prevent unnecessary disputes over intellectual property.

Detail an indemnification procedure

The reality is that you can’t always control what users get up to on your website. That said, you can protect your business against user actions if they violate certain rights. For example, say a user posts a media file without its creator’s permission and your website gets sued for copyright. With an indemnification clause in your Terms of Use, you can state that the user must pay for any associated legal fees.

Include a dispute resolution clause

Last but not least, a Terms of Use is an opportunity for you to outline how users can resolve disputes, whether between themselves or involving your business. With a clause that requires users to go through mediation, you’ll likely be able to save money on any associated legal costs.

To top is off, here’s a handy infographic to explain what’s needed when:

What are standard Terms of Use for a website?

To help keep your website safe and secure, there are several key clauses you should always have in your T&Cs, including:

• Acceptance of Terms – make it clear to the user that by using your website, they are agreeing to abide by its legally-binding terms and conditions.
• License to Use – explain that the user has a limited right to browse and interact with the website provided they stick to its terms.
• Acceptable Use – list any forbidden actions on the website, including uses such as illegal harvesting data and violating the rights of others.
• Jurisdiction – let users know the region from which your website operates (for instance, the state and country) and therefore its governing legislation. It’s also worth mentioning any legal implications for international users.
• Privacy – detail your Privacy Policy or link to a separate Privacy Policy elsewhere on the website.
• Rights and Ownership – explain that your business owns the intellectual property rights to all content on the website except for that published by users, meaning visitors will need to request permission before using it.
• Website Modifications – state that as its owner, you are permitted to alter, add to, suspend or terminate a section of or the entire website at any moment without notice.
• Website Maintenance and Customer Support – If you do not intend to offer these services, then you should detail that you are under no obligation to do so.
• Termination of Access – state that you are permitted to terminate particular user access at any time without warning as you see fit.
• Cookies – If your website uses cookies (and most do!), then explain how the collected information is stored and how users are able to decline and disable these cookies if they want.
• Disclaimers – You can include a range of disclaimers in your Terms of Use, covering issues from liability to warranty.
• User Accounts – If you allow users to create accounts on your website, then you should explain that each user is responsible for their account information and must ensure all data provided is accurate.

Lastly, depending on the nature of your business, you may want to add some extra clauses around:

• Payments and subscriptions
• User-generated content
• Third party rights