Last updated March 11, 2024
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What is a Website Privacy Policy?
A Website Privacy Policy is a statement on behalf of an organisation or entity outlining how it handles users’ personal data that it collects online.
More specifically, a Website Privacy Policy establishes how the organisation collects, uses, discloses, protects, and manages personal data. Additionally, it might provide information on how the organisation manages cookies.
Our Website Privacy Policy template helps you create a statement for your:
- Blog
- Ecommerce or online shop
- News or media site
- Portfolio
- Other websites
A Website Privacy Policy is also known as a:
- Privacy policy agreement
- Privacy statement for website
- Company data privacy policy
What is considered personal data?
Personal data is your users’ identifying information, and may include the following:
- Name
- Age
- Date of birth
- Address (physical and email)
- IP addresses
- Phone numbers
- Marital status
- Debit or credit card details
- Credit information
- Medical history
- Travel history
- Intentions to purchase goods or services
What is included in a Website Privacy Policy?
Generally, a Website Privacy Policy includes information regarding:
- What data the website collects from the user
- When the organisation or entity collects personal information
- How the organisation or entity uses personal information
- If the website uses cookies
- Who else has access to the data collected (such as third-party advertisers or business partners)
- How the company or organisation will protect the user’s data from misuse and uphold their legal responsibilities regarding data use
- If the company can sell the user’s data to other enterprises
- How the user can hold the organisation or entity responsible for the misuse of their data
- How the user can opt out of data sharing and what impact that might have on their experience
How do I get a Privacy Policy for my website?
Every website is different and requires its own unique Privacy Policy. As a result, there isn’t one universal policy notice you can post on your website. Instead, you need a custom Privacy Policy that encompasses all the necessary regulations relevant to your site.
The best way to create a custom policy is by using our Website Privacy Policy template. No matter whether you’re a small business or a corporate company, our template lets you customise your privacy to suit your website and data management practices.
A Privacy Policy should be separate from other website documentation, such as Website Terms and Conditions.
How do I write a Privacy Policy?
Writing a Privacy Policy doesn’t have to be an overwhelming process. Using our Website Privacy Policy template will help you create a custom policy by walking you through the following steps.
Creating a Privacy Policy requires you first to provide important information about your website, including the:
- Name of the website owner (individual or business entity)
- Contact information of the website owner (phone number, email, and address)
- Domain name
2. Evaluate the scope of your business
Some countries have laws that outline how organisations and entities can use, collect, and distribute data from their citizens. If your website has users, customers, or clients in these areas, you must comply with these laws regardless of where you are located or based.
For example, California, the United Kingdom, and the European Union have laws that outline how organisations and entities can use, collect, and distribute data from users in those jurisdictions.
Suppose you do for-profit business in California or offer products or services to residents in the United Kingdom or European Union. In that case, your Website Privacy Policy needs to include certain details even though you are based in New Zealand.
3. Provide details on collecting and using data
You need to outline how your organisation collects and uses user data. Our questionnaire will ask you questions regarding the following topics:
- Lawful basis for data processing
- What are your legal bases for processing users' personal data?
- Automatic data collection
- Is data automatically collected when users access your website?
- Which types of data do you collect automatically?
- How do you use the data you automatically collect?
- Non-automatic data collection
- Do you collect data when users perform certain functions on your site?
- Which types of data do you collect?
- How do you collect this data?
- How do you use this data?
- Third-party disclosures
- Are third parties able to collect, process, or access user data?
- Who are the third parties?
- What data is communicated to third parties?
- For what purpose is data communicated to third parties?
- Automated decision-making
- Do you use solely automated decision-making, including profiling, to make decisions about users that have legal or other similarly significant effects on users?
- What decisions do you make using automated decision-making?
- What are the criteria, or reasons relied on, in making the automated decision?
- How will the decision affect users?
- Opt-out options
- Can users of your site opt out of the collection, use, or disclosure of their data?
- Which form of collection, use, or disclosure can users opt out of?
- How do users opt out of this collection, use or disclosure?
- Data retention
- How long do you keep the data?
- Security
- What security measures do you take to protect user data?
- International data transfers
- Is user data transferred internationally?
- If so, data is transferred to which countries?
- Data protection or privacy officer details
- Who is your data protection officer?
- How can they be contacted?
- Complaints
4. Comply with child protection laws
Because of the laws surrounding the collection and use of children's data, you’ll need to explain how your website handles information collected from users under 16 years of age.
In our questionnaire, be prepared to answer the following questions:
- Does your website have a minimum age for users? If so, how do you acquire parental consent to collect their data?
- Do you have actual knowledge that you collect or allow others to collect personal information from children in the United States who are under 13 years of age?
- Does your site generate revenue and contain content aimed at children under 13 years of age, including children who live in the United States?
If you answer yes to these questions, the United States Children's Online Privacy Protection Act (COPPA) rules apply to your website. You must notify parents about how you collect and use children's information and obtain parental consent before collecting a child's personal information.
To ensure that your Privacy Notice complies with these regulations, provide the information needed to answer the following questions:
- What personal information do you collect from children under 13?
- How do you collect personal information from children under 13?
- Can children make their personal information publicly available on your site?
- How will you use the personal information you collect from children under 13?
- Do you disclose the personal information of children under 13 to any third parties? How does the third party use this information?
- Do any third parties collect or maintain the personal information of children under 13 from your website?
- Who will respond to parent or guardian questions about your privacy policy and use of children's information?
- How can parents exercise their rights over the personal information of their children under 13?
5. Describe cookie use
If your website uses cookies, you should address this within your Website Privacy Policy. Specify the kinds of cookies your website uses (such as functional cookies, analytical cookies, or targeting cookies). If your website uses third-party cookies, state how they are used.
6. Provide additional details
You may choose to include additional clauses in your Website Privacy Policy. Also, note when your privacy notice comes into effect.
Are Website Privacy Policies required by law?
Under New Zealand law, you must have a Privacy Policy if you are a public or private sector organisation that collects and holds personal information about other people unless you are exempt under the Privacy Act. Those required to have a policy include:
- Government departments and agencies
- Companies
- Small businesses
- Social clubs
- Charities, societies, and community groups
- Other types of organisations
Some countries also have laws governing the use of data collected from their citizens. Therefore, if your organisation’s website collects data from certain international users, it may be obligated to abide by international laws.
Privacy policy laws in the United States
In the United States, the Children’s Online Privacy Protection Act (COPPA) regulates websites that target users under the age of 13 regardless of whether the website collects data from users under 13 (even if they’re not directed at that demographic).
Usually, sites that collect information from children under the age of 13 must receive consent from the child’s parent or guardian first.
Additionally, the California Online Privacy Protection Act (CalOPPA) is a privacy law that requires businesses that collect any user information in California to have a Privacy Policy. It requires that the Privacy Policy clearly be visible to users and enforces the word "privacy" as part of the notice title.
California has another important law that governs data collection and online privacy, called the California Consumer Privacy Act (CCPA) which gives users more control over their data, allowing them a more active role in the data-gathering process.
These laws pertain only to data collected from residents of the state of California. However, any website with customers or clients within California must abide by these laws. The CCPA is only applicable to websites that do for-profit business in California and meet at least one of these thresholds:
- Have annual gross revenues over 25 million USD
- Buy, sell, share, or receive the personal information of 50,000 or more California consumers, households, or devices
- Derive 50% or more of its annual revenues from selling California residents' personal information
As a result, if you do business in California and meet at least one of the thresholds above, it is important that you abide by the CCPA regardless of where you are based.
Privacy policy laws in the EU and the UK
There are other international laws to consider when crafting a Privacy Policy for your website, including the European Union’s General Data Protection Regulation (GDPR). The Data Protection Act 2018 is the United Kingdom's implementation of the GDPR.
These laws grant users more control over the collection of their data.
The GDPR applies to all websites that offer products and services to individuals in the EU or track the online behaviour of people from the EU, whether they are based there or not. If you are doing business within the EU, you must comply with the GDPR.
Part of the act pertains to how websites present notices to the public. To comply with the GDPR, you must ensure that your website’s Privacy Policy is:
- Written in plain language (avoiding jargon)
- Concise
- Transparent
- Easily accessible
- Free of charge
The GDPR also establishes eight user rights that you must include in your Privacy Policy:
- The right to data portability
- The right to object
- The right to not be subjected to automated decision-making
- The right to restriction of processing
- The right to be forgotten
- The right to be informed
- The right of access
- The right of rectification
Our Website Privacy Policy template allows you to state whether you do business in areas like California and the EU that have specific laws regarding user data.
How often should I update my Website Privacy Policy?
Generally, a Website Privacy Policy is something you regularly update as your organisation’s practices change, rather than something you create once and never revise again.
Notable changes that may require you to update your policy include:
- Implementing a new method for collecting data
- Altering how your organisation uses data
- Sharing data with new parties
- Using new data protection methods
Certain factors may prompt your organisation to make the above changes. For example, a data breach, potential threat, or new law may force your organisation to reevaluate its practices.
When your organisation changes how it manages and uses data, revise your policy immediately. Being proactive and keeping your policy up-to-date means you minimise risk and liability.
Lastly, if you update your Privacy Policy, it’s important to let your customers know before the changes come into effect. Depending on your jurisdiction, you could be legally required to inform your users.
