Use this Mobile App Privacy Policy if:

• You developed an application and want to tell customers and users how their information is collected and used.

What does the Mobile App Privacy Policy cover?

• Collection of personal information;
• Use of personal information;
• Disclosure of personal information; 
• Security of personal information; 
• Cookies;
• Third parties access to personal information;
• Geo-location; and
• Opt-out right.

Other names for Mobile App Privacy Policy include:

• Privacy Statement; and
• App Privacy Statement.

Do I have to include a Privacy Policy for my app?

Under Australian law, it is required that you have a Privacy Policy for your app. If your app is also launched internationally, a Privacy Policy is required in many overseas countries as well. A Privacy Policy is required when you collect information such a personal data from your users or utilizing third-party analytics or other tools to collect such personal data.

A few examples of what this personal information can include are email addresses, names of users and billing information.

I have advertising on my app. Am I required to have a Privacy Policy?

In many cases where there is advertising on an app, under Australian Law you will be required to have a Privacy Policy that deals with this aspect of advertising. For example, if there is advertising in the form of direct marketing, it is required that this is complied with under the Australian Privacy Principles.

Does my app Privacy Policy need to be GDPR compliant?

The GDPR is formally known as the European Union General Data Protection Regulation and contains new data protection requirements that will come into effect on the 25th May 2018. There are many provisions under the GDPR that overlap with current Australian Privacy Law and as such, need to be complied with. These common legal requirements include how information is handled and ensuring privacy by design.

Most importantly, the GDPR will need to be complied with within the Privacy Policy, if it is found that the business is established in the EU, the business offers the app or monitors the behaviour of users in the EU.

What else will my app need to be published in the app store?

There are a few things you will need to complete before launching your app. In regards to legal considerations, you will need to get an ABN for your business and create an App End User License Agreement. Apple’s End User License Agreement will automatically be applicable if you do not provide your own EULA, which can potentially be problematic as Apple’s EULA is governed by the Law of the State of California and not Australian Law.

Next, it is best to consider the best ways to market your app. This will include target keywords, app descriptions and creating a supporting web page. Thirdly, look at the distribution of your app. This includes ensuring that the app is adequately configured to launch, analyzing crash reports and testing the app across numerous devices.

Where should I publish my application Privacy Policy?

The Privacy Policy should be available as a link on the page from which the app is downloaded from, on the app store itself. In addition, some apps require you to tick a box in which you agree with the terms and conditions of use, in addition to the Privacy Policy. Both of these legal documents are often hyperlinked and can be reviewed by the user if they so wish. Some apps also have a separate legal tab in which users can access on their app or on the publishing business’s website.

Other documents you may need:

• Mobile App Terms of Use
• Privacy Policy
• GDPR Privacy Policy
• Employee Handbook

Further information

• What Legal Documents Do I Need to Create an App?
• How to Create a Mobile App Privacy Policy
• How to Patent an App
• How Do Privacy Collection Notices Work?