Terms of Service vs Privacy Policy

A privacy policy tells visitors what personal data you collect, why, who receives it and what rights they have; data protection rules such as GDPR require that information. Terms of service are the rules for using your site or buying from you, a contract you write to protect yourself. Most businesses publish both.

The two documents side by side
Privacy policyTerms of service
Written forThe people whose data you handleEveryone using your site, app or service
Main jobExplain data collection and use honestlySet rules, limits and how disputes work
Required byData protection law (for example GDPR Article 13), Apple and Google app store rulesUsually your own choice, though it is hard to enforce rules you never wrote down
Typical sectionsWhat you collect, purposes, recipients, retention, rights, contactAcceptable use, payments and refunds, ownership of content, liability, governing law
Where to link itFooter, every form that collects data, app store listingFooter, checkout, account sign-up

Updated

People often treat the two as one legal page. They do different jobs: one is a disclosure about personal data that you owe your visitors, the other is an agreement that protects you. Tick what your site does in the checklist to see what each document needs to cover. This is general information, not legal advice; for anything high stakes, ask a lawyer where you trade.

What should my documents cover?

Tick what your site does. The lists update as you go.

My website or app

Privacy policy should cover

Terms of service should cover

A starting checklist, not legal advice.

Linking both from your footer

Put both links in the footer of every page so they are always one click away. Add the privacy link next to any form that collects data too.

Footer links

A plain footer list. Change the addresses to wherever your documents live.

<footer>
  <nav aria-label="Legal">
    <a href="/privacy">Privacy policy</a> ·
    <a href="/terms">Terms of service</a>
  </nav>
  <p>© 2026 Harbour Bakery Ltd</p>
</footer>

Privacy note next to a form

One sentence under the button tells people what happens to their details at the moment they hand them over.

<p><small>We use your email only to reply to your message.
See our <a href="/privacy">privacy policy</a>.</small></p>

What a privacy policy must say under GDPR

Article 13 lists what to tell people when you collect their data: your identity and contact details, the purposes and legal basis, who receives the data, any transfers outside the EU, how long you keep it, their rights to access, correct and erase it, and the right to lodge a complaint with a supervisory authority.

What terms of service usually cover

There is no single required list, so terms are shaped by your business. A shop needs payment, delivery and returns rules; a site where users post needs rules about content and the right to remove it; a software service needs account and cancellation rules.

How it works

  1. Tick every box that describes your website or app.
  2. Read the two lists: what your privacy policy should cover and what your terms should cover.
  3. Draft each document, or start from a generator and edit it to match what you actually do.
  4. Link both from your footer and from any form, checkout or sign-up page.

Tips

Frequently asked questions

Is a privacy policy legally required?

If you collect personal data from people covered by GDPR (in the EU) or UK GDPR, you must give them the information listed in Article 13, and a privacy policy is the normal way to do it. Other places have their own laws. Even a contact form or analytics collects personal data. This is not legal advice.

Are terms of service required by law?

Generally they are something you choose to offer, not something a regulator demands. They matter most if you sell, take payments, host what users post, or want to limit your liability. Ask a lawyer about your own country.

Do app stores require a privacy policy?

Yes. Apple's App Review Guidelines (5.1.1) require a privacy policy link in App Store Connect and inside the app. Google Play's policy says all apps must post a privacy policy link in Play Console and in the app, even apps that collect no personal data.

Are terms of service and terms and conditions the same thing?

Yes, in practice. Terms of service, terms of use and terms and conditions are names for the same kind of agreement. Pick one name and use it consistently.

Can I combine them into one page?

You can, but keep them as clearly separate sections. Privacy information must be easy to find on its own, and burying it inside a contract makes that harder.

Related: Privacy policy generator, Cookie policy generator, Mobile app terms of service template, Web design contract template, How to add a contact form.

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