Do I need a privacy policy for my website in Australia?

DO I NEED A PRIVACY POLICY FOR MY WEBSITE IN AUSTRALIA?

This is another curly question that we’re often asked. Privacy policy is a big serious issue and because we’re a digital design agency, not a law firm, we can only give you some very general reference points.

All private sector and not-for-profit organisation with an annual turnover of more than $3 million, must comply with the 13 Australian Privacy Principles.

The key to understanding this comes down to:

Does your business – including your website – have information or opinions that can identify or reasonably identify an individual?

PERSONAL INFORMATION

Does your business have an annual turnover of $3 million? Annual turnover is the gross (before tax) revenue or income for the 12-month financial year.

ANNUAL TURNOVER

First, get to know the Privacy Act for your business

your business is handling an individual’s consumer

credit information, including credit reports

This is particularly the case if:

your business is handling an individual’s

tax file numberOR

What if my business turnover is less than $3 million?

Always check with a qualified legal practitioner, but if you’re collecting personal information, your small business may still need to comply with the Australian Privacy Principles (APPs).

The privacy policy is relevant to your website, along with any apps or digital games you have developed, for two main reasons:

#1 Because your website collects information that you don’t even

know about. It’s called metadata and it’s also a really big deal because it

can reveal information about an individual.

#2 Every business that requires a

privacy policy (and we’ve established that just about every

business with a website does) needs to display that they have a privacy

policy on their website.

How does this relate to websites?

Here’s a quick summary of the fine print your website may or may not need to include:

A privacy policy is just the start

Website disclaimer

Terms & conditions

Terms of use for

advertisersTerms of use for contributors

If you own a website that publishes information or advice, you need a website disclaimer

If you allow advertising on your website you need terms of use for advertisers

If you sell goods or services on your website, you need to comply with Australian consumer law. You need terms & conditions

If you allow contributors to post on your website, you need terms of use for contributors