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Privacy Policy

A Privacy Policy is required by law in certain circumstances. It outlines how your business will use, store and collect your customers information. Customisable and ready for use in under 5 minutes.
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Document Overview

A Privacy Policy is a document that states how your business will deal with the personal information data it collects. A Privacy Policy covers how personal information data is collected, what the personal information is used for, and how the personal information data is stored and managed. You must use a Privacy Policy if your business or company collects personal information data online or directly from your customers. A Privacy Policy is required by law if your business falls within one of the criteria set out in the Privacy Act 1988 (Cth). It is imperative as an application or online business to have customer transparency in data collection and how you store information. We have a Privacy Policy template for you to edit and customise to your own personal preferences on the Lawpath platform.

Use this Privacy Policy if:

  1. You would like to inform people how you collect, use and respect information data; 

  2. You would like to be in compliance under Australian federal laws on privacy; and 

  3. You have created a website and require a privacy policy (please note, if you're after a more general-purpose privacy policy applicable to offline avenues, please see Lawpath's 'Offline Privacy Policy').

What does the Privacy Policy cover?

Privacy Policy allows a Licensee to license software to a business and includes;

  • Collection of personal information; 

  • Use of personal information; 

  • Disclosure of personal information; 

  • Rights and control of a customers personal information; 

  • Storage and security of personal information; and

  • Website cookies and third party sites consent clauses.

Other names for Privacy Policy include:

Responsible Use of Data, Website Privacy Policy, Privacy Policy Agreement, Use of Private and Confidential Information Policy.

Other documents you may need:

I have an app or a website on a third party platform. Am I required to have a Privacy Policy ?

It is compulsory for those who either have a mobile app or desktop app to have a Privacy Policy to be in compliance under Australian federal laws, especially those which leverage Google Adsense. Desktop apps can use this Privacy Policy template for compliance. Mobile Apps can use a specific Mobile App Privacy Policy - on the Lawpath platform - for compliance. However, if you are unsure on whether your business is compliant with applicable privacy policies, contact us for more information.

As of late 2018, most third party platforms that allow individual vendors to set up their own business recommend the use of a Privacy Policy, if the individual vendor collects personal data. For example, Amazon requires website owners to post a Privacy Policy agreement if they use any of their services. However, this is on a case by case basis, if you are unsure as to whether your business requires a Privacy Policy, contact the third party platform or us for more information. 

Does my personal website have to include a Privacy Policy?

If you have a website that collects personal information from its users, it must include a Privacy Policy that complies with Australian and international laws. A website that does not include a Privacy Policy may be subject to large fines in cases of a data breach. Small businesses with an annual turnover of $3 million must ensure their Privacy Policy complies with the requirements under the Privacy Act 1988 (Cth) and the Australian Privacy Principles. If you're unsure on whether a Privacy Policy is relevant for you, a helpful tip is to see if you are collecting any of these types of information; phone number, credit card information, contact information, personally identifiable information, demographic information, social media information - you most likely require one.
If you're still unsure if your small business needs to comply with the Privacy Act - Read more: Does my small business need to comply with the Privacy Act?

I use third party services/vendors on my website. Am I required to have a Privacy Policy?

Websites often interact with and pass data onto affiliates/third party vendors such as Google Analytics or Facebook Advertising who track the website for marketing purposes using browsers ‘cookies’ who collect personal information from its users, also to display ads. If your website interacts with third party vendors, your Privacy Policy must include a clause notifying the user that third party vendor may collect their personal information. Third party services that track personal information may also collect log files/data on certain browser types which should also be included in your Privacy Policy. Log data collected and stored on servers typically includes IP addresses and download information. 

Does anybody actually read privacy policies?

It is often thought that most people who interact with different websites do not read its privacy policies. However, a recent survey undertaken by the Office of the Australian Information Commissioner (OAIC) into community attitude towards privacy has found that 65% of people are now more likely to read Privacy Policies and 61% would check website security before giving personal information to ensure their privacy right are protected. If your website also collects personal data from browser 'cookies' (ie. blog), it is important to give users the opportunity to consent - directly or possibly from a guardian - before collecting any information.

What laws apply to this Privacy Policy?

The Australian Privacy Act 1988 (Privacy Act) and the Australian Privacy Principles (APPs) regulates the handling of personal information about individuals. If the business or website interacts with consumers outside Australia, certain international privacy laws may apply.

Does my Privacy Policy need to be compliant with international privacy laws? (ie. GDPR)

  • European Union: The European General Data Protection Regulations (GDPR) contain laws which regulate how businesses should interact with consumer data to ensure privacy rights are protected. The GDPR apply to businesses in Australia or overseas if their business or website collects European consumer data. If you are unsure whether your website is GDPR compliant, you can contact us for more information.
  • Canada: The Canadian Personal Information Protection and Electronic Documents Acts (PIPEDA) contain laws which regulate how businesses should interact with consumer data to ensure privacy rights are protected. The PIPEDA applies to businesses in Australia or overseas if their business or website collects Canadian consumer data. If you are unsure whether your website is PIPEDA compliant, you can contact us for more information.
  • California: California has two policies listed below, both of these apply to businesses in Australia or overseas if their business collects Californian consumer data. If you are unsure whether your website is COPPA & CALOPPA compliant, you can contact us for more information

Should I get this policy reviewed by a lawyer?

Although it is not a legal requirement to have a lawyer draft your Privacy Policy, it is recommended, to ensure the accurate wording is being used and the relevant laws are being complied with.

Where should I publish my Privacy Policy?

It is common for websites to place their Privacy Policy, terms and conditions and website disclaimer at the footer of the website. This standard makes it easier for your visitors and customers to find your Privacy Policy.

Further information

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