How to use a privacy policy at your startup

By Vivian Michael | Startup Contracts

How to use a privacy policy at your startup

A privacy policy outlines how your  will collect and use information about your customers.

1. Does a small business need a privacy policy?

The Privacy Act covers some small businesses with a turnover of $3 million or less and includes:

  • private sector health service providers. Organisations providing a health service including traditional health service providers, naturopaths and chiropractor, gyms and weight loss clinic, child care centres, private schools and private tertiary educational institutions;
  • businesses that sell or purchase personal information;
  • credit reporting bodies;
  • contracted service providers for a Commonwealth contract;
  • employee associations registered or recognised under the Fair Work (Registered Organisations) Act 2009;
  • businesses that have opted-in to the Privacy Act;
  • businesses that are related to a business that is covered by the Privacy Act; and
  • businesses prescribed by the Privacy Regulation 2013.

2. Where is the privacy policy displayed?

Online, a privacy policy is usually displayed on websites and apps. In paper form, a privacy policy is sometimes included within terms and conditions or as a standalone policy.

3. What should you include in your privacy policy?

Your privacy policy should cover the Australian Privacy Principles in schedule 1 of the Privacy Act 1988. The principles outline how you will handle, use and manage personal information.

Key principles include:

  • the types of information you will collect;
  • allowing your customers the option to communicate anonymously with you where possible;
  • how and why personal information is collected;
  • use and disclosure of personal information;
  • cookies and web tracking tools;
  • marketing activities;
  • access to and correction of personal information; and
  • how to make a complaint. 

4. Are all privacy policies the same?

Not always because most business will collect and disclose information differently.

5. Final tip

As with all legal documents for your startup, they should work for your specific circumstances. If you need help customising your legal documents, contact a good lawyer for startups.

Do you need help from an Australian business lawyer for startups ? Contact us today for help on info@michaellawgroup.com.au or 1300 478 278 Australia wide or on +61 2 9151 7233 from overseas. We are always glad to help.





About the Author

Vivian Michael is a lawyer and founder of Michael Law Group. Vivian’s mission is to make quality business legal services accessible to startups that would otherwise DIY, rely on legacy contracts or go without.

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