Collecting Personal Information
Snapchat and Instagram rank as the most popular Apps on the market. They collect some of our most personal and intimate details. If you will be collecting similar information, it is important that you make this clear to your user in your Terms and Conditions. Businesses operating in Australia need to confirm they are complying with the Privacy Act 1988 (Cth), particularly in light of the privacy reforms earlier this year.
How Do I Tell Users I Will Be Collecting Personal Information?
When it comes to Apps which involve content being uploaded and shared with others, you should make clear which content will be shared. Typically these Apps will include detailed privacy settings that users can update. These again should be made clear to the user.
Endorsing Third Party User Content
In relation to user content, you should explicitly state that you do not endorse any of the content displayed by other users. Of course, it is sensible to implement detailed policies outlining acceptable user behaviour and content that can be uploaded. But you should take steps to unequivocally state in your App Terms and Conditions that you are not responsible for users uploading content. You should also communicate to your users that you maintain the right to terminate any accounts that breach your user obligation terms. Users are generally responsible for any content uploaded to their account. Even if it is by others who have access to their passwords, unless their account is hacked or accessed by fradulent means.
Clearly stating in your terms what information you are collecting and how you will use the information, will assist users to understand their risks and obligations. If you’re in need of legal advice in regards to drafting App Terms and Conditions, contact LegalVision on 1300 544 755. One of our experienced business lawyers will be delighted to answer any of your questions.
You may also find the following articles on App Terms and Conditions relevant:
- App Terms and Conditions: Disclaimers and Liability Clause
- App Terms and Conditions: Acceptable Use and Prohibited Use Clause
- App Terms and Conditions: User Warranties, Payments Clause
- App Terms and Conditions: Acceptance, Eligibility and Additional Term Clause
- App Terms and Conditions: Copyright and Intellectual Property