Essential Legal Documents and Fields on Your Website

Introduction

A website typically requires several legal documents to ensure transparency, compliance with relevant laws, and protection of both the website owner and its users.

In the normal course of business, the onus rests on the website owner to furnish the website designer with these documents. However, we aim to assist you in understanding and addressing legal considerations relevant to your website by furnishing you with:

• concept legal documents relevant to the type of website we design for you, whenever possible. These are computer-generated, open-source (i.e. not paid for) documents obtained from reputable resources and widely used by website owners, to which we added your website’s specific configurations and details (domain name, e-mail address, etc., where applicable);
• links to reputable sources where further information, templates or assistance can be obtained in those instances where we are unable to furnish you with applicable concept documentation specific to your website.

The decision to accept, reject or render changes to these concept documents, or to obtain information from their legal advisors, rests with the website owner.

Please read our disclaimer at the bottom of this page: WeaverWorx Disclaimer

Concept Documents Furnished by Us

The Website Terms and Conditions, together with the Cookies Policy and the Privacy Policy, constitute the entire agreement between your users and yourself (the website owner) about this website. Links to all three of these documents are added to the Footer, at the bottom of each page on your website, for ease of reference by yourself and your website users.

Website Terms and Conditions of Use (T&C)

This document outlines the rules and guidelines for internet users and visitors using the website, or relying on any information on the website. It covers topics such as user obligations, intellectual property rights, disclaimers, dispute resolution, jurisdiction, and a few other specific terms and conditions relevant to the website’s services.

WeaverWorx uses a free WordPress Complianz open-source plugin to obtain a widely used computer-generated T&C agreement containing clauses standard for the type of website we have designed for you.

The plugin uses a simple but in-depth wizard to configure the T&Cs to our client’s specific needs. It can be used stand-alone or fully integrated with the Cookies Policy provided by Weaverworx.

The document furnished by WeaverWorx is the fully integrated version. This computer-generated document is automatically updated by the source provider, with the latest legal requirements and applicable software changes. The latest revision date is stated at the top of the document, and continued use of the website following the posting of changes or updates will be considered notice of the user’s acceptance to abide by, and be bound by, these Terms and Conditions.

Note: WeaverWorx cannot make any text changes to the document, although the client configurations can be changed, e.g. to add specific paragraphs for affiliated marketing, online payments, etc., or when the website contents change.

The furnished document can be downloaded from your website in .pdf format.

When used as a stand-alone, the contents can be edited, but the document will no longer be integrated with the Cookies Policy, nor will it be updated automatically. The onus will be on the website owner to furnish WeaverWorx in .pdf format, via our e-mail address in the Footer at the bottom of this page, with a suitable document to be uploaded to the website, and to ensure that the contents remain up to date.  

Cookies Policy

WeaverWorx uses a free WordPress Complianz plugin which supports a wide variety of countries’ privacy protection laws, including the South African Protection of Personal Information Act (2013). We use this plugin to obtain a computer-generated Cookies Policy standard for the type of website we have designed for you, specifically with regard to the types of cookies automatically collected from your website visitors and users.

The policy provides full disclosure to your users/visitors about the type of cookies and the names of the specific cookies used by your website, information about the management of their consent regarding the cookies that may be applied when they use the website, enabling/disabling and deleting cookies in their browsers, and the user’s legal rights with respect to personal data collected by your website.

The Complianz plugin periodically re-scans your website for changes in cookies, plugins and 3^rd party service, and automatically updates the lists in your Cookies Policy accordingly. The plugin will scan several pages of your website for cookies and known third-party scripts; such scanning will recur monthly to keep your policy up-to-date.

Note: WeaverWorx cannot make any text changes to the computer-generated Cookies Policy document. The client configurations, and therefore the type of Cookies applicable, can be changed, e.g. to add a new location country.

When used as a stand-alone, the contents can be edited, but the document will no longer be updated automatically. The onus will be on the website owner to furnish WeaverWorx in .pdf format, via our e-mail address in the Footer at the bottom of this page, with a suitable document to be uploaded to the website, and to ensure that the list of cookies used by the website remains updated on an ongoing basis. Such a list can be obtained from WeaverWorx, at a nominal fee.

Website Privacy Policy

A Privacy Policy, also referred to as a “privacy agreement”, is crucial for informing users about how their personal information is collected, stored, and processed (used) by the website. It should detail data protection practices, the use of cookies, and compliance with applicable data privacy laws.

Privacy Policy agreements are required by law across the world if you’re collecting data that can be used to identify an individual, due to the fact that such data is legally protected by a number of important laws around the world that require a Privacy Policy in such cases. South Africa’s own Protection of Personal Information Act (PoPIA) (Act 4 of 2013), also referred to as the PoPI Act, allowed for a grace period to get organisations & businesses POPI compliant by the POPIA deadline of 1 July 2021.

Personal data that can be used to identify an individual: under PoPIA, “personal information” encompasses a wide range of information beyond just a person’s name, address, and contact details. It includes any information that can be used to identify an individual directly or indirectly. This may include:

Identity Information: Names, ID numbers, passport numbers, etc.
Contact Information: Addresses, phone numbers, email addresses, etc.
Demographic Information: Age, gender, race, ethnicity, etc.
Financial Information: Bank account details, credit card information, income, etc.
Employment Information: Job titles, company details, employment history, etc.
Physical or Biometric Information: Fingerprints, DNA, physical characteristics, etc.
Online Identifiers: IP addresses, cookies, device IDs, etc.
Health and Medical Information: Medical history, health conditions, genetic information, etc.

Note: All websites collect personal data by using cookies, requiring users to complete contact forms, using website analytic tools, etc. The website Privacy Policy discussed in this blog concentrates solely on personal data collected from internet users visiting or utilising services, payment gateways, contact forms, etc., on your website. The website Privacy Policy is, therefore, additional to any Privacy Policy that may already exist in your business.

WeaverWorx sources a generic policy document from a free policy generator website (linked in the policy) in those instances where our clients have not yet provided us with a custom Privacy Policy at the time of publication of their website. The document is generic and may not contain all the clauses applicable to your specific website, but should give you a good idea of what clauses can or should be included in these policies.

This is a stand-alone document NOT automatically updated on your website by the source provider or WeaverWorx. However, the document can be edited by the client, both with regard to the text and the client configurations.

We must again stress that the onus rests on the website owner to ensure that their Website Privacy Policy is suited to their particular business and website requirements, and to keep such documents updated. In the current changing legal climate where heavy emphasis is placed on the protection of personal data, it may be best to consult with professionals.

If you already have a Privacy Policy available and would like us to publish that instead of the one furnished by us, you can send your policy document to WeaverWorx in .pdf format, via our e-mail address in the Footer at the bottom of this page.

For our own website, WeaverWorx purchased a Privacy Policy template at: https://www.netlawman.co.za/d/website-privacy-policy. Please do not copy and paste our policy, as it may not be suitable for your website and you will fall foul of copyright laws in doing so.

NOTE: WeaverWorx Website Designers is in no way affiliated to Net Lawman. We are not paid for referring our clients to them and we do not guarantee your satisfaction of services delivered by them. We simply found their information in the template we obtained from them very helpful.

Obtaining the User’s Consent to Collect and Process data

Wherever possible, website owners must aim to obtain explicit consent from the website user/visitor to collect and process their personal data. Obtaining the user’s consent is a fundamental principle of personal data protection under South Africa’s PoPI Act; other countries have similar data and personal protection requirements, e.g. the European Union’s General Data Protection Regulation (GDPR).

A Cookie Consent Notice

WeaverWorx uses a WordPress Complianz plugin to create your Cookies Policy, which in turn, automatically creates a Cookie Notice (also called a Cookie Banner or Pop-Up) for your website where users and visitors can manage their Cookie Consent. This Notice will pop up on your website when a visitor who has not accepted your Cookies previously, opens a link on your website.

Users are required to Accept or Deny the use of cookies by the website as specified in your Cookies Policy and Privacy Policy (Privacy Statement). Should they agree to (Accept) the use of Cookies, they can state their preferences about the use of Cookies, thus managing their cookie consent.

Note that in the example notice shown above, there are links to the websites’ Cookie Policy and Privacy Policy (Privacy Statement), which should provide comprehensive information about the types of Cookies collected, as well as the collection, storage and processing of personal data.

The Client Consent Field on Digital Forms

When a website collects personal data from users through a digital contact form on the website, it generally must obtain the user’s consent to do so. It is also a requirement that the purpose for which personal information is collected, stored, and processed must be specified when the information is collected.

WeaverWorx ensures compliance with these requirements on all the contact forms on your website by including the following:

• an explanation as to the reason for collecting the personal data from the user;
• a required field, button or checkbox which the user must complete, press or tick, to provide consent to collect their personal data inserted on the contact form; and
• a link to your website’s Privacy Policy which should provide comprehensive information about the collection, storage and processing of personal data. See example below:

Note that in the example consent field shown above, there are links to the website’s Privacy Policy (Privacy Statement), and PAIA manual.

Copyright Notice

In South African copyright law, website content enjoys protection as original works under the Copyright Act, 1978 (Act No. 98 of 1978) and its amendments. The Act safeguards various aspects of a website, including text, images, videos, and other creative elements. As the creator of the content, you hold the copyright automatically upon its creation.

Copyright provides you with exclusive rights to reproduce, distribute, display, and adapt your website content. Others cannot use your content without your permission unless their use falls under fair dealing or fair use provisions for specific purposes like research, criticism, or news reporting.

It’s important to mark your website with a copyright notice (e.g., “© [Year] [Your Name]”) to inform others of your rights. Additionally, you may consider licensing your content to specify how others can use it, granting permissions while retaining control over its use.

Enforcing copyright in South Africa involves legal remedies for infringement, including damages and injunctions. However, proving infringement might require evidence, so keeping records of your original content creation can be beneficial in case of disputes.

WeaverWorx adds copyright notices to all websites created by us.

PAIA Manual

(applicable only to our clients operating in South Africa)

The Promotion of Access to Information Act, No. 2 of 2000 (PAIA) “seeks to promote transparency, accountability and effective governance of all institutions (both public and private) by empowering people to understand their access to information rights, act on them, and both scrutinise and engage with, decision-making that affects them” (Information Regulator).

In terms of Section 51(3)(a) of PAIA it is required that your PAIA manual detailing the type of personal information that is recorded and processed by your business, and the process to be followed by individuals to gain access to such information to defend their rights, must be published on your website. In terms of the law, not having a PAIA manual is a criminal offence.

So: have a manual we must, and publish the manual on our website (if one we have) we also must! 😏

WeaverWorx is unfortunately not able to furnish you with a concept Paia Manual. Please note that your PAIA Manual contents are relevant to ALL personal data collected, recorded and processed by your business, by any means; the manual is not restricted to data collected on your website only. Each business is unique, and WeaverWorx has insights into your business processes and recorded information only insofar as this is relevant to your website. We simply do not know enough about your business to write a manual on your behalf.

Also, assisting with the compilation of PAIA Manuals does not fall into the scope of our service delivery. However, we try to assist you

• by directing you to certain links in this blog, which we believe will provide valuable information in your endeavours to find a template and/or compile your manual,
• advise you about known recorded information collected by or through your website, and
• of course, we will gladly publish the completed manual on your website. Please forward the same to us, in .pdf format, via our e-mail address in the Footer at the bottom of this page.

Here are some steps that can help you to create your PAIA Manual:

1. Click on the link https://www.michalsons.com/focus-areas/information-technology-law/access-to-information-paia/promotion-of-access-to-information-act and read the information in this article carefully. It is a summary in plain language of what the PAIA Act is all about, and what is required of a “private body”. Note: All our clients qualify as private bodies in terms of this Act; the definitions of private and public bodies are available in Section 1 of the Act (see the link to the Act in point 2 below).
2. The Act has been made available in a structured manner at the following link for easy reference: https://accesstoinformation.co.za/
3. Click on the following link https://www.michalsons.com/focus-areas/information-technology-law/access-to-information-paia/paia-manual-your-organisation/what-is-your-public-interest-score and complete the self-assessment questionnaire to determine if your business is a high or a low public interest organisation. Then follow the steps outlined below the heading Actions you can take on the same web page.
4. Remember that all websites collect and record personal and other data from website users and visitors by using cookies and website analytical tools, in addition to the information inserted by users in your website’s contact forms or via your domain e-mails. All this information can be classified as a “record”. Therefore, it will be wise to refer to your website’s  Privacy Policy and Cookies Policy in your PAIA Manual – see the WeaverWorx PAIA Manual in paragraphs 6.2 and 6.3 of the WeaverWorx PAIA Manual for an example of how this was incorporated into our manual.
5. Once your PAIA Manual is ready for publication on your website, please provide WeaverWorx with a .pdf copy via our e-mail address in the Footer at the bottom of this page, and we will publish the document for you.

Please do not copy and paste our manual, as it may not be suitable for your website and you may fall foul of copyright laws in doing so.

Should you need further assistance, we must advise you to obtain the services of your legal advisor in this regard.

NOTE: WeaverWorx Website Designers is in no way affiliated to Michalsons. We are not paid for referring our clients to them and we do not guarantee your satisfaction of services delivered by them. We simply found their information and the template we obtained from them very helpful.

WeaverWorx Disclaimer