Website Privacy Policy: Do I Really Need One?

Privacy policy
It is a statement or a legal document that discloses some or all of the ways a party gathers, uses, discloses and manages a customer or client's data.

Not limited
 Personal information can be anything that can be used to identify an individual, not limited to but including; name, address, date of birth, marital status, contact information, ID issue and expiry date, financial records, credit information, medical history, where you travel, and intentions to acquire goods and services.

 In the case of a business it is often a statement that declares a party’s policy on how it collects, stores, and releases personal information it collects. It informs the client what specific information is collected, and whether it is kept confidential, shared with partners, or sold to other firms or enterprises.

Importance
Privacy policy is important to the modern state, because grounded in it is the individual's physical and moral autonomy. For this reason, it is worthy of constitutional protection.

A website privacy policy template tells your visitors and customers how you deal with their information. If you run an ecommerce website where goods or services are sold then it is a legal requirement under the ecommerce Regulations that you have a privacy policy on your site.

Benefit
The presence of the policy demonstrates to visitors that you have given consideration to their privacy. This in turn will enhance your reputation as a trusted site that thinks about the visitors that go to the site.

Australian law
The Privacy Act 1988 is an Australian law dealing with privacy. Section 14 of the Act stipulates a number of privacy rights known as the Information Privacy Principles. These principles apply to Australian Government and Australian Capital Territory agencies or private sector organisations contracted to these governments, as well as to organisations and small businesses who provide a health service.

Australians have a right to know why such information about them is being acquired, and who will see the information. Those in charge of storing the information have obligations to ensure such information is neither lost nor exploited. An Australian will also have the right to access the information unless this is specifically prohibited by law.

Information to include in a Cookie Specific Privacy Policy:
• What cookies are
• What info is collected
• What is done with the information
• How to reject / delete / accept cookies
• Explain there are no harmful technical consequences/risks

Why need to develop a privacy policy
1. Create a better electronic environment on the internet
2. Laws / legislation may pertain to  business

By letting people know what info is collected and what is done with that information, you can create a transparent environment in which people / consumers are more confident. You can eliminate stress and concerns about abuse of personal info.

Disclose owner’s intent
One of the main reasons a website needs a website privacy policy page is to disclose the owner's intent. People have a right to know what information is being traced behind the scenes, and what the owner plans to do with that private information. For example, does the site owner collect IP addresses to establish a database of user habits to sell to other organizations? Does the site owner request addresses with the express purpose of selling the list, or are the email address provided for a legitimate purpose, such as sending existing customers relevant information about product issues and upgrades?

Designing privacy policy
Tell visitors why tracking cookies are good, why the information is beneficial, that it is used to improve websites and their content. If you are collecting information, tell them what you do with that information. Give people an opportunity not to have their info collected, for example by blocking cookies. Explain how people can block cookies. Also explain that cookies are not harmful and cannot introduce viruses or extract personal contact information.

Legal tips regarding writing terms and conditions of website

Terms and conditions
 Terms and conditions are also known as the terms of contract between seller and customer that keeps both bound to some agreement.

Importance
 These agreements are very important to protect seller’s rights, limit liabilities and they also provide security to both the buyer and the seller.

Legal tips regarding terms and conditions

Data protection
Data protection is a serious menace and one must clearly point out in privacy policy about the customer data that sellers are handling, including contact details, credit card numbers, bank accounts and purchase history. Reassure people, that their data is safe with you and that their information will not be passed on to other companies. In website terms and conditions page, you should also clarify about when and why you might contact customers as pursuing people without their consent is illegal in most countries and must refrain from any such acts.

Partial responsibility
While supplying goods clearly mention that you would only be partially held responsible for the delivery time or conditions of goods and that you are following all laws and regulations of your country. International shipping and customs should also be followed and clearly point out the rights and liabilities of the consumer
Statements in clear and organized manner.

Write the statements in clear and organized manner so that it does not create any sort of confusion for you or your client. While writing the conditions, chalk out a detailed plan of merchant policy. You can start by writing down the terms in which you want to treat your customers, the way you would want to deal with enquiries and complaints and the data protection rules that applies to you and the customers.

Legal tips actually escalate the website and its business and provide legal security and benefits

1. Make Terms and Conditions Statements Simple and Comprehensible
The most common reason why most of the people skip website terms & conditions section due to its complexity. Complexity translates into lack of understanding. Avoid the overuse of legal jargon and use only what is absolutely necessary. Do;
• Make the writing style simple but accurate
• Engage customers and clients
• Focus on clarity

As to what goes into the Ecommerce terms and conditions depends upon the genre of website and business. The needs of a blog are different from the needs of a commercial website and while the difference demands different data and terms, there are a few terms/statements which are common and ubiquitous. Such statements include:

• Terms of Service for the website users
• A clause of Local Law applicable in case of disputes
• Limitation of Liability and Disclaimer
• Intellectual Property Arrangements
• Conduct of members and visitors
2. Add Data Protection and Privacy Policy

One of the biggest challenges to any website is the complete legal protection of its data. It is, therefore, imperative to include a clearly stipulated Website Privacy Policy ensuring the safe handling and protection of customer data i.e. credit card number, contact details, purchase history and bank account etc. Ensuring people about the safety of their confidential information is seller’s responsibility. Therefore, the Terms and Conditions page should clearly indicate when and why you will personally contact people as pursuing people is illegal in some of the countries.

3. State Company’s Legal Standing on Shipping and Goods Delivery
Another tip that is important for commercial websites is to clearly mention your company’s policies on delivery time, international shipping, customs policies and condition of goods. That your company follows the laws, rules and regulations of your country and will be held only partially responsible for all these services should be clearly stated.

Key issues which need to be taken into account in a website compliance audit.

 Place appropriate terms and conditions of use
Whether your website is one-way information only allows user-generated content or sells goods or services online, you'll need some small print. This will cover core issues such as liability, content control, law and jurisdiction.
To have a binding contract, your conditions need to be accepted by the user. This must be balanced against the need for a good user experience.

Collect any personal data via your site and what is it used for?
Personal information can be collected about individuals for all manner of purposes. Typically this may include online registration procedures, collecting contact details to deal with information requests and accepting online job applications to name but a few. Make sure that you comply with the requirements of data protection law.

Using data for email or mobile marketing
Collecting personal information via a website often goes hand in hand with electronic marketing. Care needs to be taken to comply with the laws on direct marketing when using email as a method of marketing your goods and services.

Tracking devices
Ensure that your website includes a clear statement on the use of cookies and other tracking devices. Incorporate a basic explanation of how such devices work and how the data collected will be used. The law governing this area also states that users should be given an opportunity to refuse such devices.

Intellectual Property adequately protected
Make sure any intellectual property rights are protected as appropriate, for example by incorporating a copyright notice and putting express restrictions on copying logos. Make use of registered trade mark symbols where authorised to do so and make sure that you have obtained all appropriate licences and consents for the use of third party material.

Provide sufficient information about your organisation and its products and services?
It is a legislative requirement that key information about your organisation and its products and services is provided. There is a whole host of information which should be included on your website for example, VAT details and information on pricing and delivery costs to name but a few. for a list of the minimum information which needs to be published on your website.

Online trading terms cover all key points
Ensure that your website incorporates online trading terms which would go beyond simply terms and conditions of use of your site.

These should cover key issues such as contract formation and liability.

Dealing with consumers online
Be particularly careful when dealing with consumers and make sure that your website complies with the raft of consumer legislation which affects this area.

Australian consumer law
The ACL is a single, national law covering consumer protection and fair trading which applies in the same way nationally and in each State and Territory.

For the first time, Australian consumers have the same protections and expectations about business conduct wherever they are in Australia.

Contents
• Legal tips
• Comprehensive
• Simple
• Online trading
• Disclaimer

What is a shareholder’s agreement what provisions it contains?

Shareholder’s Agreement
It is intended to make sure that shareholders are treated fairly and that their rights are protected.


It is usually defined as an agreement in which the right of the shareholders against the company is defined and how they will go to operate the company is also narrated.

Diversified
These agreements are much diversified they even highlight the rights in context of the other stakeholders like employees, vendors, government and the other shareholders like them. The scenarios under which these are made are quite diversified.

Why agreement?
There are multiple reasons that why an organization should go for it but the two most important ones are:
• To clarify the domain and interests of the major and minor so in future no dispute between majority and minority will arise. If the agreement is not made the majority will take many decisions that are not in interest of minority.

• The second important reason for drawing a shareholder agreement is to clarify the process of decision making. Different people with different designations have diversified stake within an organization. It is very important that power in single shareholder should not be vested rather all should be given some power to deicide remaining within their domain. This will increase the trust of shareholders within the company and it will be a win win situation for both.

Provisions
Provisions that are included are:
• That how the shareholders are able to protect their rights if they are not available in the meeting,
• How they are able to shift their rights to other soul if they are no more interested in being a shareholder and many provisions like that.
• dividends payment;
• limitations on the transfer of existing shares;
• options to acquire each other’s shares in certain circumstances;
• what is to happen on the retirement, death or incapacity of a shareholder;
• voting procedure;
• non competing with the business of the company

The Australian Corporations Act,
The Australian Corporations Act, under section 134, requires all proprietary companies be provided a constitution upon incorporation.  The constitution sets out the company’s objectives, as well as the scope of the company’s activities and certain internal administrative matters. It’s easy to assume, then, that a constitution will enshrine the rights and obligations of shareholders.

Advantages
• It defines the rights and duties in great detail.
• It also provides the solution to avoid deadlock that may arise on the death.
Features of the shareholder agreement
• Obligations of the company to the shareholders agreement;
• how shareholders will maintain their rights if they are not present at meetings;
• roles of directors and actions by the company or a director which require shareholders’ consent: controls and redistributes power between shareholders so that majority cannot force decisions;
• new shareholder rights and restrictions: even if he is a trustee in bankruptcy;
• how to deal with new intellectual property;
• transfers of shares and rights of pre-emption: when allowed, under what conditions and to whom;
• exit strategy: the hidden bomb if neglected;
• key man insurance;
• publicity about the deal;
• confidentiality;

It regulates the following matters:

Regulating the ownership and voting rights of the shares in the company, including
• Lock-down provisions
• restrictions on transferring shares, or granting security interests over shares
• pre-emption rights and rights of first refusal in relation to any shares issued by the company
• minority protection provisions

Control and management of the company, which may include
• power for certain shareholders to designate individual for election to the board of directors
• imposing super-majority voting requirements for "reserved matters" which are of key importance to the parties
• imposing requirements to provide shareholders with accounts or other information that they might not otherwise be entitled to by law

Resolution of any future disputes
• deadlock provisions
• dispute resolution provisions

Contents
• Rights and obligations of the parties
• Restriction on transferring share
• Obligation of the company
• Minority protection
• Account information

Reason to buy from Net Lawman
Net Lawman provides you a comprehensive range of shareholder agreement template which save your time and can be amended accordingly as and when required.

Are you selling your business?

There comes a time in every person’s life that he feels like quitting the thing he builds on his own. Yes that’s right his own business. Now first thing that comes into mind is how anyone would do that. I mean you spent countless sleepless nights just to make sure your business becomes successful and turn into a money churning success. But in doing so often your family and social life is neglected and by the time you realize it; a lot needs to be desired then. Sometimes it seems as though the only socially acceptable way to exit a privately held business is to hang on until you're well past your prime, eventually giving the reins to your offspring so you can play golf for a few years before retiring into a home to wait to die.

But apart from that there can be countless other reasons you want to quit your business. There might be cases you get bored of you venture, or you are not medically fit to resume your duties or you are tired of your current partners and surroundings and need a change. But ironically in business circles selling a business is not taken with good spirit. There is always a suspicion in the minds of the sellers about the reliability of the business for sale. The potential acquirer wants to find out if you have a predictable, economical and scalable formula for finding new customers. They would like to understand the depth of your team and determine specifically which members need to be motivated and retained post-purchase. Similarly the acquirers would like to evaluate whether the buying your company would relate to their company goals.

So while selling there needs to be a detailed explanation of every part of the business. So all parties are sure of what they are selling, what they are buying, and what they can or cannot do. A buyer must be able to state how they will pay for the business, a seller must state what they are selling, and everyone has to be sure they are complying with all correct laws and legislation.

So before selling evaluate why would you need to sell your business. Following are few assumptions that lead to such conclusion;
• You're bored, burned out by your business.
• You want or need to move to a different geographic area and your business is reliant on its current location.
• You're facing health or financial challenges.
• A pending or recent divorce or family or personal change prompts your need to sell.
• Monetary issues.
• Relations with your partners.

Now after evaluating one need to evaluate the business itself and see it with buyer’s eye. Pinpoint the issue need to be resolved if you want to buy your own property. Selling a business is as difficult as acquiring and setting up of a new one. Main reason for that is you never know whether you will be compensated justly for your business. Also to convince the buyer of viability of the business success after wards need a lot of convincing to do. This includes negotiation and evaluation of warranties, Employee and third party contractors and lease agreements. A buyer is always looking out for a sensible choice and would like to contemplate on options that are of least hassle for him. This makes a seller even more particular about little Nitti gritty details of his business which he intends to sale. In scenario like these a sale agreement creates a legally binding relationship between a seller and buyer, hence resolving all issue regarding a sale process.

Following are the key issues need to be resolved in a sale process
• Fair price tagging of the commodity on sale.
• Risks and warranties.
• Undisclosed and disclosed debts and liabilities associated with the business.
• Employees and contractor contracts and retention.
• Litigations and licenses issues related with the company.
• Intellectual property of the business and its ownership issue(whether it is owned by individuals of the company or company itself)
• Tax returns.
• Indemnities and fall back mechanisms in case sale agreement is breached.

How a sale agreement resolve all these issues
The business sale contract is the legally binding document which, once signed, sets out the contract for sale, specifying:

• The assets that are sold
• The price
• The terms of payment
• The effective date
• The conditions under which the sale will actually be concluded.

A business sale agreement helps resolve the above mentioned issues in an amicable manner, as legal aids of both parties formulate a way out that safeguards interest of both parties. After reviewing liabilities and assets of the business a price mechanism is evaluated. These determinants involve the value of debts, employees and third party contractors along with any assets and other liabilities on the business. After careful evaluation of all these determinants and other legal contracts involved in working mechanism of the organization a comprehensive sale agreement is formulated.


How a seller can minimize his risks while selling the business
A seller should limit the duration of the period under which any claim can be brought to a specific period, say one or two years. Hold back considerable amount in an escrow account. Holding money in an escrow account is to allow you to have some certainty that should you need to make a claim there is money to meet it. Sellers will therefore want to have this money released from the escrow account as soon as the period under which any claims can be made is reached, or even on a sliding scale basis in the period leading up to the end of the claim period. But that doesn’t mean tie too much money in the account if it is a interest bearing one. And remember you will quite a lot of small breaches in warranties and guaranties after the sale process but try not to be bogged down by them.

What should be the contents of a sale agreement?
Following are the key components of a sale agreement
• Interpretation
• Agreement for Sale
• The Purchase Price
• Items to be delivered at completion
• Completion
• Stocks
• Debtors
• Creditors and Liabilities
• Value Added Tax
• Warranties by the Seller
• Future Activities
• The Guarantor
• Communications
• Miscellaneous Matters
• Jurisdiction
• Warranties covering
• Assets
• Stocks
• Accounts
• Employees
• Suppliers and customers
• Licenses, consents and passwords
• Insurance
• Joint ventures and partnerships
• Statutory restrictions
• Litigation
• Seller’s activities
• Contracts
• Defective products and service liabilities
• Properties
• Leasehold properties
• Freehold properties
• Intellectual property
• Internet domain names

How Does A Car/Vehicle Sales Agreement Helps Protect Consumers?

The car sales contract is a legally binding contract. Before signing it, make sure that you read it and if in doubt, raise any questions prior to signing it.

Important: If you have signed contracts to buy a new car with more than one trader, you may have to buy more than one car.

Points to remember before signing a car sales agreement
- You should never sign a blank car sales contract
- You should never sign a car sales contract that is incomplete
- Always insist that all costs are clearly listed
- Do not sign the contract if a delivery date or deadline is not specified
- Do not sign the contract if the contract does not specify the color or any other particulars of the vehicle, whether standard or extra

The Law of Consumer guarantees
Buyers have additional statutory rights under national ‘consumer guarantees’ ascribed in the Australian Consumer Law. It is important that you know that whether or not there is a warranty or extended warranty from the manufacturer or dealer, the car sales agreement or contract cannot exclude those rights. The sale of both new cars and used vehicles come under the Law. Additionally, the cars must be bought from a dealer or manufacturer on or after 1 January 2011.

Note: The Law does not cover vehicles bought at auction or once-off from a private seller

Car Sales Agreements Terms

Contracts for the sale of motor vehicles or vehicle sale agreement by licensed dealers (if not sold to other dealers or sold by auction) are regulated under the Motor Vehicle Dealers Act. Therefore, these are legally binding contracts and, hence, they must be in writing. They must also contain certain prescribed terms and conditions which explain the rights and responsibilities of both the purchaser and the dealer under the contract. Furthermore, they also help determine how contractual matters are dealt with.

The prescribed terms and conditions generally include the following key terms:

• A copy of the contract must be given to the buyer at the time he or she signs the contract
• A condition that the contract does not become enforceable until after it is signed by the dealer and duly accepted by the dealer
• Detail the exact terms of any financing available
• Details on contract termination by either the consumer or the dealer
• Details on any price fluctuations before delivery and how to handle it

By law, the dealer should deliver a new vehicle within three months and a used vehicle within one month after the car sales agreement has come into effect. Otherwise the contract can be cancelled.

Note: If there are additional terms and conditions in a car sales agreement, such terms must not contradict or diminish the requirements of the prescribed terms and conditions. Net Lawman provides professionally drafted Car Sales Agreements for both sellers and buyers of a car/vehicle. These documents ensure that they are compliant with existing laws and help in maximizing protection for both parties by including the necessary prescribed terms and conditions.

Why Need Car Sale Agreement?

This question can be best explained with a situation of a blog user who recently was going to sell his car because there wasn’t enough space in garage. An elderly man with his family came and sees his car. He agreed to buy and gave the car owner $200 deposit. But both parties didn’t sign any papers and the car owner didn’t even issue him a receipt to say he got the $200 from the buyer. As narrated by the blogger few days later he changed his mind and decided not to sell his car as his girlfriend moved out of home since he again had space for his car. Car owner left voice message on buyers’ phone but he replied angrily and said he want damages to be paid because apparently they had a verbal contract.

Reason to put up this case study is to elaborate the importance of car sale agreement. Since the buyer didn’t had any written agreement he cannot prove in the court that he deposited any money or they reached any contract or they agreed upon any warranties or else. The payment of a deposit does not in itself mean that a contract was formed. For an agreement to be binding its terms must be certain. While a contract can be void for uncertainty, a court will generally try to uphold a contract with vague specifics by applying a 'reasonable test'. So that in the present case the court would likely conclude, for instance, that the buyer would pay the balance within a 'reasonable time.' If payment were made within a week or two of the car being ready for collection (i.e. the plates changed and the car alarm removed) then that would be "within a reasonable time."

In a civil dispute the buyer only has to prove his case on the balance of probabilities, and unless the car owner is prepared to lie under oath, and deny that he accepted a $200 deposit, the court is likely to accept it was made as a deposit to secure the purchase of the car.

What needs to be done prior to negotiate a car sale agreement
Prior selling a car seller needs to be certain whether it’s his final decision to sell his asset. On reaching the final decision next thing is to advertise his intention on sale forums in print and web medium. Afterwards you need to fulfill following steps

• Complete, tear off and send the 'Notice of Disposal' section of the car's Certificate of Registration to the nearest Motor Registry.
• The buyer must, within 14 days of purchase date, provide in person at the nearest Motor Registry.
• Proof of identity.
• An 'Application for Transfer of Registration' form
• Certificate of Registration
• Roadworthiness inspection report (pink slip)
• Transfer and stamp duty fees
On completion of following formalities the buyer then can demand following guarantees in case he is buying the car
• Title(Owners name is must) to the goods
• Undisturbed possession of the goods(Pay off and other issues)
• There are no undisclosed securities on the goods.

One thing more before you purchase a used car, you should always check the Register of Encumbered Vehicles (REVs) in the state or territory where the vehicle is registered to confirm whether there is an outstanding debt on the vehicle. By doing a REVs check, you can confirm whether the vehicle is clear of any encumbrances (i.e. unpaid debts). A clear REVs certificate on the day that you are purchasing a used vehicle protects you from repossession due to a previous owner's unpaid debt. To do a REV check, you may need to supply the following vehicle identifiers:

• Registration number. 
• Registration state.
• Engine number.
• VIN/chassis numbers.

 What needs to be included in the car sale agreement?
Car Sale Contract is quite a negotiable entity and it solely depends upon comprehensive understanding between the buyer and the seller. For general idea following contents are included in the agreement but again it depends on the circumstance
• Specifications of the vehicle.
• Agreed terms.
• Warranties by the seller.
• Pay off mechanism.