Author: Farrah Motley, is an eCommerce business lawyer located in Australia.
Generally, the Privacy Act covers organisations operating in Australia and having an annual turnover of more than $3 million.
- Your name
- Your contact details
- What personal information you are collecting and storing
- How you are collecting the personal information
- Where you are storing it
- The reasons for collecting such personal information
- How you will use and disclose such information
- How your customers can access their personal information
- How they can ask for a correction
- How your customers can complain if they feel that their information is being mishandled
- How you can handle customer complaints
- In case you have to disclose customer information outside of Australia, then which countries you are more likely to disclose such information to
In that case, you should talk to an eCommerce lawyer.
If you are unsure, always talk to an eCommerce lawyer.
You should also include the necessary documents that show your compliance with the Privacy Act, the Australian Privacy Principles, and other privacy obligations that are relevant to your business, like the Privacy (Credit Reporting) Code 2014.
Collection and Use of Personal Information
In this section, you should mention in detail:
- What is personal information
[This is information that can render an individual reasonably identifiable]
- What type of personal information your business is collecting
[This information can include name, phone number, email address, social media profile, employment history, etc.] You should provide the details of the information that is collected through apps and websites, such as date and time of website access, IP addresses, location information, and cookies]
- How your business has collected that information
[Here, you can inform your customers that you can collect their information directly from them, a third-party provider, any publicly available source, or cookies]
- Why you have collected that information
[Explain if such information is helping you in improving your products and services, or expanding your marketing scope, or designing personalisation, etc.]
Each of these points is vitally important and you should consult with an eCommerce lawyer to understand how each of these requirements relates to your eCommerce business.
Collection and Use of Sensitive Information
While explaining this point, you must mention that such sensitive information is collected only when the individual consents to providing them. You should also clarify that this information is going to be used for the original purpose of collection only.
If you are unsure how your eCommerce business can collect and use sensitive information, you should contact an eCommerce lawyer.
Disclosure of Personal and Sensitive Information
In this segment, you need to describe when, why and to whom you might disclose the personal information of your customers. For instance, you might have to share it with your contractors and marketers.
You might need to provide their information for data analysis to apps like Google Analytics or present them to authorities and/or courts as required by law. You also need to mention if the information is likely to be disclosed overseas, and if so, what will be the impact of that on data protection.
Storage/Security of Personal Information
You should mention how long you are going to keep the information. Your eCommerce business should also explain if you are combining the personal information of individuals in a file or storing them separately.
Access to and Correction of Personal Information
Enquiries and Complaints
For example, you can guide them first to an external dispute resolution scheme and then to the Office of the Australian Information Commissioner.
You must also provide a generic phone number and an email address for your customers to get in touch with you. These contact details should not change, irrespective of the staff member in charge.
An eCommerce lawyer can provide legal advice on how to handle privacy complaints.
How can Prosper Law help?
Want to read more? Check out our article which answers the question what does ‘without prejudice’ mean?
Author: Farrah Motley | Director
M: 1300 003 077
A: Suite No. 99, Level 54, One One One Eagle Street, Brisbane, Queensland, Australia