In 2019, most consumers will browse the internet in search of a good or service. To ensure that you are on an even playing field you need to have an online presence of some capacity. You can read more about the benefits of having a website here. Creating your own website can be time consuming, confusing and overall a daunting experience. We have therefore put together for you a checklist of the legal documents you need in this journey.
Essentially, your documents need to satisfy the following legal requirements:
- Privacy
- Terms and conditions of use
- Copyright
- Marketing
- Payment Card Industry Data Security Standard (if you are running an e-commerce website)
Privacy Policy
Creating a private policy is a necessity if your website is gathering any personal information from browsers. Your privacy policy must contain information on the following:
- How consumer’s information is used;
- Who has access to this personal information;
- The website’s use of trackers, such as cookies; and
- Contact details to retract any personal information given to the business
Additionally, if your website is using Google Analytics then your privacy policy must also contain a third-party disclaimer. This also applies to all the advertisers on your site as they also have access to personal information.
Terms and Conditions of Use Document
Your terms and conditions policy must, at a minimum, outline your basic obligations, such as the licensing of your website content and a disclaimer of liability. Are you looking to sell your products online? If this is you then this legal document must also include the terms and conditions of the products/services and their purchase. These must be compliant with Australian Consumer Law.
Having an easy to reach refund policy is also ideal for your business. This will inform your customers of their Australian Consumer Law rights. It must detail the conditions of a refund.
Trademark
If you are looking to protect your brand (logo, name, etc) from unauthorised users then registering a trademark is what you need. In doing so, it will protect your brand for the span of ten years. You can renew this upon expiry. Lodging a trademark is complicated and so you may like to contact one of our trademark lawyers.
Marketing Policy
If you will be undertaking in email and/or SMS marketing then you also need to publish a marketing policy. This must include an option when capturing personal information. It should also provide an avenue for customers to unsubscribe from the email or SMS thread on demand.
Payment Card Industry Data Security Standard (PCI DSS) Document
While providing a PCI DSS policy is not a legal requirement in Australia, it is nonetheless highly recommended that you make one. This will protect your business in the instance of a data breach. It also gives your customers peace of mind that their payment details are protected, and clearly outlines the procedure that your merchants need to follow when handling this sensitive information.
Get Started
As seen above, there are a number of requirements that you need to follow. Each sub-category is necessary in ensuring that your website is legally compliant. If you are prepared to take your business online then we can help. We provide you with a range of terms and conditions and privacy drafts. These can be moulded to suit your business needs. We can also link you to a lawyer that will help you through the entire process.
