As you hopefully know by now, the Australian Government plans to make several changes to the Australian Privacy Act in 2024. As part of the planned changes to the Australian Privacy Act, all clubs and associations will need to seek informed consent from their members with regard to how they handle those members' data and information.
- What kind of information do you collect from your members
- What sort of information do you store
- Where you'll store collected information
- If and with whom you will share that information
- You will share their information with other countries, and if so, who
- Under what circumstances you will share collected information
- How can members request to view the information you have stored
- How members can request their stored information be altered
- How they can lodge a complaint if they believe you have misused their information
It is worth noting that the above requirements are the current requirements before the changes to the Privacy Act. It is best to work towards these goals and make any adjustments as necessary when the Privacy Act is changed.
What Should Your Club's Terms And Conditions Contain?
Your terms and conditions are a contract between you and your members; they act as legal protection from the misuse of your website. They help limit your liability and help you regulate your website.
According to the Small Business Development Corporation of the WA Government, your terms and conditions perform the following functions:
- A legally binding contract between you and your members
- Define the rights and responsibilities of both your club and your members
- Define how disagreements will be resolved
- Define how payments to your club will be made and the consequence for not paying
Please note that your terms and conditions must comply with the Australian Consumer Law. The following link will give you details about the Australian Consumer Law and contains links to the agencies that monitor it in each of Australia's states and territories. Australian Consumer Law Resources And Guides.
How To Create Terms And Conditions For Your Club
Terms And Conditions Generators For Your Club
There is a wide range of generators and services out there that you can use to help create your terms and conditions. As your terms and conditions are a legally binding contract, using a proper service and/or getting a legal expert to check them over is an excellent idea.
Regarding generators, Termly, TermsFeed and Lawpath can be quite helpful. There are also a lot of government and legal websites that are available to help with creating terms and conditions for your club.
As mentioned above, the Small Business Development Corporation of the WA Government has a pretty in-depth guide to what needs to be in your terms and conditions. The Australian Consumer Law Unfair Contract Terms Guide is also available to help guide you through the process of ensuring your terms and conditions are fair to your members.
If you haven't already looked into the changes to the Australian Privacy Act, you can read about them here: Is Your Club Or Association Ready For The Changes To The Australian Privacy Act?
If you want to know more about how to keep your club's data private and secure, look at Keeping Your Club's User Data Private.
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