privacy policy

When Do You Need

A Privacy Policy?

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Posted by Minna Boyle on 29 November 2018

What Is A Privacy Policy?

A Privacy Policy is a legal document that sets out how your business collects and uses the personal information of online customers. “Personal information” is a legal concept set by the Privacy Act, and it includes an individual’s name, signature, address, telephone number, date of birth, medical records, bank account details and commentary or opinion about a person.

Do I Need It?

A Privacy Policy is required under the Privacy Act 1988 (Cth) for online businesses with annual turnover of more than $3 million that collect personal information. Although your new business may have an annual turnover less than $3 million, it can be a good idea to have a Privacy Policy anyway to be safe, and so that you already have it ready if your business grows.

Also for most online businesses, the personal information of your customers are very useful, particularly for marketing purposes. To make sure that you don’t get caught up with spam regulations, your privacy policy needs to set out how you’ll be using personal information.

How Do I Use It?

Normally, a Privacy Policy is attached to your Terms & Conditions. For example, you may have a check box for users to select to that states “By signing up to the application, I agree to the Terms and Conditions & Privacy Policy”.

Privacy Policy Example

Michael has created an app that allows users to create personal to do lists. Before users can access the app, Michael requires them to create an account. Creating an account includes inputting personal information like name and email address. Before registering the account and using the app, Michael has included a check box for users to select stating that the user agrees to the App T&Cs and the Privacy Policy. There are links to the App T&Cs and Privacy Policy for the user to read through before accepting.

GDPR: EU Privacy Laws

There are significantly different privacy laws for businesses operating in Europe, who have or hold data of European customers, under the new General Data Protection Regulation (GDPR).

A GDPR compatible privacy policy is advised if this applies to you. You will also need to ensure that the way you collect, hold and manage personal information is in line with the GDPR. We recommend getting specific advice from lawyers in the EU to ensure your privacy practices are compliant.

Need Help With A Privacy Policy?

Putting together a Privacy Policy can seem like a daunting process, as it’s hard to know what to include and how to word it. It’s a good idea to get a lawyer to assist you with this process, as it’s a one-off cost that can save you from disputes and liability in the long run.

At Sprintlaw, we have a team of experienced lawyers can assist you with drafting or reviewing Privacy Policies. Get in contact with one of our consultants for a no-obligation chat on how we can help you put together a Privacy Policy and help with any other legal issues your business may have.

Need help with a Privacy Policy?

We can help! Just get in touch and we can walk you through your options.

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Minna Boyle

Minna is the legal operations manager at Sprintlaw. After receiving a law degree from Macquarie University and working at a top tier law firm, Minna now manages the legal operations at Sprintlaw and puts a focus on making legal knowledge more accessible to the public.
Minna Boyle

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