Last updated on 23 August 2022 by Sara Pegarella (Law school graduate, B.A. in English/Writing. In-house writer at TermsFeed)
Each of these two legal agreements serves different purposes for both you (the company operating the website/mobile app) and your users.
This article will break down the differences further so you know which to use and when.
"Personal information" can include any information that can be used to identify an individual, such as a name, email address, mailing address, birthdate, IP address, etc.
And, due to the widely accessible nature of online businesses (like ecommerce stores), CalOPPA in effect means that any websites or apps (especially U.S. businesses) that collect personal information from users must have this legal agreement since limiting a California audience is not feasible.
CalOPPA requires that this agreement is conspicuously posted on the website or through the app, to include the word "Privacy" in the title of the agreement and in the link's text that links to this legal page.
It requires that the following to be disclosed by a business:
Our Terms and Conditions Generator makes it easy to create a Terms and Conditions agreement for your business. Just follow these steps:
Enter the email address where you'd like the T&C delivered and click "Generate."
You'll be able to instantly access and download the Terms & Conditions agreement.
For example, common sections of a T&C include information on copyrights, account deactivation if certain users abuse the website or app, billing and subscriptions (especially for SaaS companies), forbidden activities and uses of the website platform, and various disclaimers.
Here's an example of the table of contents of the Terms and Conditions agreement of RentalCars that shows the wide range of areas this kind of legal agreement can cover:
Without this kind of agreement in place, and without it being properly enforced, there's no way for you can legally limit or control how anyone can use or can't use your website or app.
Issues of copyright infringement can appear if users make use of your content without your permission or issues of abuses such as someone spamming other users or posting defamatory content on your website.
A Terms & Conditions agreement lets you include language to forbid such activity, and can also provide a remedy (such as accounts deletion) in the event these abuses do occur.
It's highly recommended that online business (regardless if they operate just a simple website or a simple mobile app) that allow or require a user to register for an account have this agreement in place and present it to users at the time of their account registration.
Desktop apps also benefit heavily from having a T&C, besides benefiting from having an EULA.
eBay calls this kind of agreement a "User Agreement." It includes relevant information regarding using the eBay's website, intellectual property issues, purchasing and listing conditions, disclaimers of warranties and limitations of liability, and a section on enforcement of the policy:
Twitter calls this kind of legal agreement a "Terms of Service." Sections such as limitations, rights, and licensing information for those who use the service are included, as well as standard restrictions, disclaimers, and account termination sections.
Remember that it's also required by CalOPPA and other laws to have the word "Privacy" in the link name.
Keeping these agreements separated makes it easier for users to browse both legal agreements and to understand that there are multiple legal agreements to be aware of.
Here's the list of sections in the Terms and Conditions agreement of Jump Tomorrow:
You can see how it covers issues that relate to privacy in its Terms and Conditions agreement such as confidentiality and data protection.
And here's how Citizen's Bank has some issues of privacy in its Terms and Conditions as well:
This can be a great way to bring information about your privacy practices into the Terms & Conditions agreement and still maintain a separate agreement that deals with your privacy practices.
Privacy Policies should document your privacy practices. Update it as soon as anything changes, such as if you begin to collect a different type of personal information from your users, or if you begin to allow third parties to access the information when you didn't in the past.
Here's what you should keep in mind a Terms & Conditions agreement:
In sum, these legal agreements are very different.
Both are very beneficial to have, whether you're striving for legal compliance, or good customer relations and business trustworthiness.
This article is not a substitute for professional legal advice. This article does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.
23 August 2022