The Digital Rulebook: Why Your Organisation Needs a Privacy Policy and Terms & Conditions

A robust privacy policy and clear terms & conditions (T&Cs) are essential for any modern club or association. These legal documents are the foundation for a transparent operation, ensuring full legal compliance and building crucial member trust through a commitment to data protection. By having these documents in place, your organisation can set clear expectations for member conduct, responsibly manage sensitive data, and protect itself from potential liability.

Look, I know that no one wants to talk about terms & conditions and privacy policy, myself very much included. However, they are two really important documents that you really do need in place if you're running any sort of membership organisation. So, let’s do it; let’s talk about privacy policies and terms & conditions. I promise two things here: to keep this article as entertaining as possible, and that it will be worth it in the end, as it is a really important subject. 

In this article, we are going to cover:

• Privacy Policies: What they are and why your club needs one.
• Terms and Conditions: What they are and why your club needs them.
• Creating Effective Policies: How to craft documents that work for your club and members.

Also, to help keep this article a little more interesting and ensure we are all still awake at the end to learn everything we need to know about privacy policies and T&Cs, I am also going to be sharing pictures of strange, odd animals that I think are really cute, that I don’t think get appreciated enough. 

For example, the Flapjack Octopus. 

 

Look at it! It’s like a mouse x octopus, and I love it. Anyway, no more stalling, let’s get to it. 

The Privacy Policy: Your Promise to Members

What Is A Privacy Policy?

A privacy policy is a vital document that legally discloses what information you collect from members and how you use that information. It should be easily available on your website, located somewhere that any member or potential member can find it. For this reason, all of our website templates have a footer containing a link directly to the privacy policy & T&Cs. A privacy policy is not only a tool for legal compliance; it's a foundational document for building trust, as it ensures you are being transparent with your members about their personal data.

What Should A Privacy Policy Include?

A well-crafted privacy policy should be clear and comprehensive, detailing the following:

• What information is collected: This includes everything from basic contact details like names and emails to more sensitive data like payment information.
• How that information is used: Explain the purpose behind the data collection. For example, is it for communication, event registration, or administrative purposes?
• Where it is stored: Assure your members that their data is stored securely, perhaps on a trusted membership management platform like Member Jungle.
• Who has access to it: Clearly state which individuals or roles (e.g., committee members, administrators) have access to their personal information.

What Are The Benefits Of A Privacy Policy?

A privacy policy is important for two key reasons. First, it addresses a growing concern among members and potential members about data privacy. People are becoming increasingly concerned about data protection and the security of their personal information. So, more people are hesitant to join an organisation that doesn't have a clear policy in place, so having one can prevent you from losing prospective members.

Secondly, and more importantly, a privacy policy is a legal document that provides a framework for how you handle member data. This means that if you share member data with a third party, such as a trusted payment gateway or an event partner, your privacy policy provides a legal and ethical basis for doing so with your members' informed consent. As the information on what you were doing with that data was always freely available for them to read.

Terms & Conditions: The Rules of the Game

What Are Terms & Conditions?

Your terms and conditions (T&Cs) are a set of rules that members agree to when they join or use your services. Think of them as the digital rulebook, providing a clear framework for how everyone should interact and behave.

What Should Terms & Conditions Include?

Your terms and conditions are a legally binding contract between you and your members, and a good set of T&Cs should cover a variety of key areas, including:

• Member code of conduct and expected behaviour: This outlines what is and isn't acceptable in your organisation, whether at events, in online forums, or in other communications. It also defines how disagreements between members will be resolved.
• Payment guidelines: Define how payments to your organisation will be made and outline the consequences for non-payment.
• Rules for participating in events or online forums: This helps prevent misunderstandings and ensures a fair and respectful environment for all members.
• Guidelines for the use of branding or intellectual property: This protects your organisation’s brand and ensures it is used in a way that aligns with your values.
• Clarification of membership rights and responsibilities: This helps members understand what they can expect from the association and what is expected of them in return.
• A link to your Privacy Policy: Your terms and conditions should also contain a link to your privacy policy, as that is effectively just a very large, important section of your T&Cs.

What Are The Benefits Of Terms & Conditions?

By having a clear and accessible set of Terms and Conditions, you're putting rules in place that you can enforce if the time comes. Let’s say there is a storm a few days before your event, and you are forced to cancel due to flooding. Now, without proper Terms and Conditions, you might be in a bit of a bind. Legally, you might have to refund all the ticket money, which would be a huge financial loss and a massive headache. However, if you had a clause in their terms and conditions that said "Tickets are non-refundable in the event of bad weather or other unforeseen circumstances," you’d be able to keep the money to cover your costs.

The same goes for member conduct. If a member is acting inappropriately, having a code of conduct in your terms and conditions means you can take disciplinary action. If you don’t have a rule in place, you can’t enforce it.

Setting clear expectations upfront is crucial for preventing misunderstandings and providing a solid framework for conduct, making your organisation a more enjoyable and inclusive place for everyone.

Let’s break this up with a picture of a strange little creature I think is very cute; the Arabian Sand Boa. 

 

 

It looks… poorly drawn. 

How To Create A Privacy Policy & Terms And Conditions For Your Organisation

Creating a privacy policy and terms and conditions for your organisation doesn't have to be an overwhelming task. With the right tools and resources, you can draft these essential documents in an afternoon.

The Role Of A Lawyer

Before we dive in, let’s address the role of lawyers in all this. While there are plenty of ways to create these documents yourself, DIY solutions are not suitable for every situation.

Using a lawyer whose speciality is contract and privacy law is a sound investment that can prevent costly mistakes down the line. You should strongly consider seeking professional legal advice if your organisation:

• Handles particularly sensitive personal information (e.g., health records, financial details, information about children).
• Operates in multiple countries with different privacy laws 
• Has a complex business model, revenue structure, or liability profile.
• Is in a highly regulated industry.

For many membership organisations with straightforward operations in Australia, using the tools below can be a perfectly viable starting point. Whether or not you need a lawyer is a decision you have to make for yourself. 

Tools and Resources To Help Create Your Policies

Here is a breakdown of the tools you can use to help create your privacy policies and terms and conditions.  

Official Government Resources 

These should be your first stop to understand your legal obligations as a club or association in Australia:

• Office of the Australian Information Commissioner (OAIC): The OAIC is the national regulator for privacy. They have guides, checklists, and the full Australian Privacy Principles, which are the cornerstone of Australia's privacy law. 
• Australian Consumer Law (ACL) - Unfair Contract Terms Guide: Managed by the ACCC, this guide is vital for drafting your Terms and Conditions. It helps you understand what constitutes an "unfair" term in a consumer contract, which could be deemed void. 

Policy Generators & Legal Tech Platforms

These services offer templates and automated tools to build your documents. They are often a good middle ground between pure DIY and hiring a lawyer.

• Termly: An online policy generator that walks you through a questionnaire and creates customised documents based on your answers. It's user-friendly and can be configured for different international laws.
• Lawpath: An Australian-based legal platform offering customisable legal document templates, including Privacy Policies and T&Cs. 
• LawDepot: Similar to Lawpath, it provides a wide range of legal document templates that you can customise by answering a series of questions.

AI Drafting Assistants

Artificial Intelligence can be super useful for drafting, brainstorming, and simplifying legal language to make the whole process easier.

• Gemini & Copilot: You can use these AI tools to generate a first draft by providing a detailed prompt. For example: "Act as an Australian legal assistant and draft a basic Privacy Policy for a small online membership organisation based in NSW. We collect names, emails, and payment info via Stripe to manage memberships and send a monthly newsletter."

It’s really important to remember that AI is for drafting only; it can and does make mistakes. If you do use AI, make sure to always double-check what it says, and make necessary changes to its suggestions. 

Finally, our last cute animal. Look, all bats are cute, and I won’t hear a bad word about them. However, the Honduran White Bat is next level. 

 

They look like fluffy little marshmallows, and I want a whole swarm. 

How Else Can You Help Improve Your Organisation?

So, we survived, right? We covered all you need to know about creating privacy policies and terms and conditions, and I hope you’ve found all this helpful. 

To find out how Member Jungle does its part to keep your membership data secure, have a look at How does Member Jungle protect your data?

If getting your privacy policy and terms and conditions sorted is one of the last things you are doing before taking your new site live, you should check out Your New Member Jungle System Is Ready To Launch, What Now?