Why does a website need a Privacy Policy and Terms of Use? Here's why...

What does every website need?   Terms of Use and a Privacy Policy!

Here's why:

Terms of Use tell the user of the website:

• The user can’t hold the owner responsible for information they see on the website
• They can’t copy the original work on the website without permission
• The owner can’t promise the website is virus free and the user uses at their own risk

A Privacy Policy is required because:

• Under the Privacy Act all agencies that collect personal information must comply with the Privacy Principles in the Act
• All websites collect personal information, whether via cookies or via contact forms, but often both
• Privacy Principles require agencies to state what they’re collecting information for, what kind of information they’re collecting and how users can ask for access to their information so they can correct it.

On top of this, if you’re marketing to EU-based users then you need to consider getting specific advice on GDPR compliance.

Privacy and Social Media Advertising

If you’re using social media to market your business you will need to beef up your existing policy.

Many of you will be using Facebook and Google to retarget ads to your potential customers. Retargeting works like this: a person visits your website and your website’s pixel places a cookie on their browser. That cookie then tells selected retargeting platforms, which that person later visits, to show ads based on the pages they visited on your website.

You may also be using list-based retargeting tools (eg Facebook Custom Audiences), which serve ads targeting to people who are on a list you upload to the platform.

If you do either of these things you should cover them in your privacy policy and tell users how they can opt-out or otherwise change their settings, if they don’t want to be targeted by your advertising.  If you don’t handle your advertising, check with the person who does.  Under the law you do need to ensure you comply with these privacy requirements.

Tamara Liebman of Calibrate Legal is a Business Law Specialist and one of our Network NZ Leader members who offers support and services to our Network NZ Breakthrough Members.  If you need help with your Privacy Policy or Terms of Use get in touch with Tamara.  If you're looking for more support with your own business, sign up as a Breakthrough Member today!