We have added Full Support for the privacy regime in Australia.
This means we implemented the most relevant, and recent privacy laws for Australia:
-
Privacy Act 1988
-
Australian Privacy Principles
To comply with these rules and regulations a website operator is required to:
Make use of a cookie policy or a privacy notice at or before the time or, if that is not practicable, as soon as practicable after, your website collects personal information about an individual; in which you explain the function and purpose of the cookies.
Privacy Statement
In the Cookie Policy or in a Privacy Statement you should also provide all other relevant information such as:
- the identity and contact details;
- the purposes for which you collect the personal information;
- If you collect the personal information from someone other than the individual: the fact that you collect, or have collected, the information and the circumstances of that collection;
- if the collection of the personal information is required or authorised by or under an Australian law or a court/tribunal order — the fact that the collection is so required or authorised (including the name of the Australian law, or details of the court/tribunal order, that requires or authorises the collection);
- Processors and other third parties to which you usually disclose personal information of the kind you are collecting.
- whether you are likely to disclose the personal information to overseas recipients.
In our Privacystatement (available in Premium) we not only focus on the specific privacy rights the Privacy Act 1988 gives to Australian citizens, but we also take into account Australian obligations such as mentioned in the Privacystatement the person who is accountable for the organization’s policies and practices and to whom complaints or inquiries can be forwarded.
Opt-in or Opt-out?
By providing proper information, providing an opt-out process, and respecting people’s browser settings, a website operator can assume that he has visitors’ consent to set cookies. It is however inappropriate to rely on implied consent if a cookie makes it possible to use sensitive personal information for the purpose of remarketing tailored advertising. In that case, Express consent is required. This is why we have added an additional question in the Complianz Wizard regarding the use of sensitive personal information.
If our cookiescan discovers the use of marketing or tracking cookies on a website, dynamically a cookie banner will be shown to the visitors based on opt-in instead of opt-out.
Data breach Notification
We also made sure that our data breach notification wizard follows Australian obligations.
Data Processing Agreement
Because the data breach laws do oblige the data processor to mention a data breach to the data controller, we also created the possibility to create data processing agreements.
