If you run a website or app that collects information, you generally need a privacy policy. Terms of service set the rules for using your service and limit your liability.
Privacy policy
- Explain what data you collect and why.
- Describe how you share or sell data.
- Explain users' rights and how to contact you.
- Describe cookies and tracking.
- State laws, such as California's, and platform rules, such as app stores and advertising programs, may require specific disclosures.
Terms of service
- Rules for acceptable use.
- Intellectual property ownership.
- Disclaimers and limits of liability.
- Dispute resolution and governing law.
- Termination and refund policies.
Enforceability
Courts are more likely to enforce terms when users clearly agree, such as by clicking a button, than when terms are buried in a link. Keep versions and dates.
Good practices
- Collect only the data you need.
- Keep policies accurate and updated.
- Honor opt-out and deletion requests where required.
- Have a lawyer review for your industry and users, especially children's data and health or financial information.
Frequently asked questions
Can I copy another site's policy?
No. It may be copyrighted and may not match your practices.
Does everyone need a privacy policy?
If you collect personal information or use analytics or ads, almost always.