1.
Privacy Policies
vs.
Terms and Conditions

2.
While both of these legal agreements are very important,
they are also both very different from one another.

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 https://termsfeed.com/privacy-policy/generator/
(2) Link to https://termsfeed.com/blog/privacy-policy-mandatory-law/
(3) Link to https://termsfeed.com/terms-conditions/generator/

4.
Now let’s look at each agreement in more detail.

5.
Privacy Policies

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.
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 https://termsfeed.com/blog/caloppa/
(5) Link to https://termsfeed.com/blog/australia-privacy-act-1988/
(6) Link to https://termsfeed.com/blog/uk-dpa/
(7) Link to https://termsfeed.com/blog/pipeda/
(8) Link to https://termsfeed.com/blog/privacy-laws-southeast-asia/

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.
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.
Here’s a fairly standard
Privacy Policy Table of
Contents:

11.
Terms and Conditions

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.
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.
Common clauses include the following:
Acceptable uses
Disclaimers of warranties
Payment/billing information
Copyright and Trademark notices
Account termination
User generated content requirements

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.
Here’s an example of a
fairly typical Terms and
Conditions Table of
Contents:

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.
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.
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 https://termsfeed.com/blog/examples-click-accept/