This is Why You Need a Website Privacy Policy and Terms of Use
I get a lot of questions about website privacy policies and terms of use. What do they do? Do I need them as a health coach? What is the difference between a website privacy policy and the Ultimate Health Coach Bundle privacy policy?
Today we will explore the answers to these questions.
1. Website Privacy Policy: Protecting User Data
Data protection laws, such as the California Consumer Privacy Act, the Delaware Online Privacy and Protection Act, and Nevada’s Notice Regarding Privacy of Information On Internet From Consumers, require website operators to inform users about their data collection practices and give users the right to know, access, and delete their personal data.
This means that if you have website visitors from these states (and in Nevada, if you have 20,000 or more website visitors per month) you are required by law to have a website privacy policy.
A website privacy policy outlines how you collect, use, store, and protect the personal information of your website visitors. Even if you are not directly selling products or services, if you have a contact form or newsletter signup on your site, you are collecting data that requires protection.
2. Terms of Use: Establishing Website Guidelines
Terms of use, also known as terms and conditions, set the rules and guidelines for using your website. While not a legal requirement, having clear terms of use is advisable to establish a legally binding agreement between you and your website visitors. These terms cover various aspects such as:
User conduct: Specifying what behavior is acceptable and what isn't on your website. This can include rules against harassment, spam, and copyright infringement.
Intellectual property: Clarifying who owns the content on your website and how users can or cannot use it.
Disclaimers: Informing users about the limitations of the information you provide and that your advice isn't a substitute for professional medical guidance.
Payment and Refund Terms: If you sell products online, clarifying your payment terms and policies.
Jurisdiction: Stating which laws govern your terms and where disputes will be resolved.
3. Service Agreement for Clients vs. Terms of Use
A service agreement or client agreement is a formal agreement between you and your clients. This agreement outlines the terms and conditions of your coaching services. It's important to distinguish between a service agreement and terms of use:
Service Agreement: This document focuses specifically on the coaching services you provide to your clients. It outlines the scope of your services, payment terms, cancellation policies, confidentiality, and other client-related matters. It is a way to manage expectations and ensure a clear understanding between you and your clients.
Terms of Use: This document governs how users can use your website regardless of your coaching. For example, if you have a blog, have photographs or videos on your website or sell online products, your terms of use would govern how users can and cannot interact with them on your website. Having terms of use for your website does not mean you have a service agreement for coaching and vice versa. However, if you have a completely automated program, for example online courses only, you may be able to fuse these into one agreement.
4. Website Privacy Policy vs. The Ultimate Health Coach Bundle Privacy Policy
If you haven’t heard already I recently launched a website privacy policy and terms of use bundle in my shop . One question I have been getting since then, is what is the difference between a website privacy policy and the Ultimate Health Coach Bundle privacy policy (let’s call it the UHCB policy)?
While a website privacy policy focuses on the collection and usage of personal data on your website, the UHCB policy has been modeled after a HIPAA (Health Insurance Portability and Accountability Act) privacy policy and is designed to address the storage and confidentiality of health information that your clients may share with you.
While health coaches are generally not governed by HIPAA, clients often share what would be considered protected health information (PHI) under HIPAA with their health coaches. It is therefore important that you have a policy that outlines how you protect, and store your clients’ health information and that protects you in the event of a breach. Additionally, the UHCB policy outlines how personal data shared by your client that is not collected on your website (for example, information shared in your coaching sessions) is stored and protected by you.
Therefore, depending on your coaching practice, you will likely need both policies, which can both be purchased in my shop!
