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Privacy Policies vs. Terms and Conditions


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Your Privacy Policy and your Terms and Conditions agreement are both very different. However, they're both incredibly important.

Learn about the main differences between these agreements in this short presentation.

Read more at the related blog post here:

Published in: Law
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Privacy Policies vs. Terms and Conditions

  1. 1. Privacy Policies vs. Terms and Conditions
  2. 2. While both of these legal agreements are very important, they are also both very different from one another.
  3. 3. A Privacy Policy (1) is required by law (2) if you collect or use personal information from users. Its main purpose is to inform users about this collection and use of personal information. A Terms and Conditions (3) sets forth the rules, requirements and clauses relating to the use of your website/app. (1) LInk to (2) Link to (3) Link to
  4. 4. Now let’s look at each agreement in more detail.
  5. 5. Privacy Policies
  6. 6. A number of international privacy laws require that your website/app includes a Privacy Policy if it collects or uses personal information from users.
  7. 7. These laws include: CalOPPA (4) in the US Privacy Act of 1988 (5) in Australia Data Protection Act (6) in the UK PIPEDA (7) in Canada PDPA (8) in Singapore and Malaysia (4) Link to (5) Link to (6) Link to (7) Link to (8) Link to
  8. 8. Personal information includes anything that can be used to identify someone, such as: Email addresses First and last names IP addresses Mailing addresses Financial information
  9. 9. What personal information is collected, and how How this information is used Any third parties that can access the information How the information is kept secure How a user can review and make changes to their information A Privacy Policy must disclose the following information:
  10. 10. Here’s a fairly standard Privacy Policy Table of Contents:
  11. 11. Terms and Conditions
  12. 12. Unlike a Privacy Policy, a Terms and Conditions is not required by law. However, it is incredibly beneficial and important to have one.
  13. 13. This agreement - also known as a Terms of Service or Terms of Use agreement - is where you set out the rules, requirements and standards of using your website/app.
  14. 14. Common clauses include the following: Acceptable uses Disclaimers of warranties Payment/billing information Copyright and Trademark notices Account termination User generated content requirements
  15. 15. Without a Terms and Conditions in place, you cannot legally limit or control the use of your website/app. You can see how this would be less than desirable for a business owner or developer.
  16. 16. Here’s an example of a fairly typical Terms and Conditions Table of Contents:
  17. 17. Because these agreements are so different, they cannot be combined into one agreement. Each agreement may reference and link to the other, but they must stand separately.
  18. 18. Privacy Policy key points: Informs users of your information collection practices Required by law when personal information is collected or used You should accurately reflect what personal information you collect, how, etc. Include the word “Privacy” in the name of the agreement You legally must create this agreement separately from all other agreements Display it conspicuously (website footer, within mobile app menu, etc.)
  19. 19. Terms and Conditions key points: Informs users of rules, rights and requirements when using your website/app Not legally required but incredibly important Include any limitations, restrictions and rights that you want to enforce Can be named anything you want (Terms of Use, Terms of Service, etc.) Users must agree to (9) your T&C for it to be enforceable (9) Link to