What is the difference between a privacy policy and terms and conditions?

A privacy policy explains how personal information is handled. Terms and conditions establish the contractual rules for using a website, app, or service.

• Privacy policy: Data collection, purposes, sharing, retention, and individuals’ rights.

• Terms and conditions: Payments, subscriptions, cancellations, acceptable use, intellectual property, and liability, where relevant.

Terms must comply with applicable law; they cannot simply override mandatory consumer rights. Their enforceability also depends on how they are presented and agreed to.

Keep privacy information clearly identifiable, even if the documents link to each other. Accepting terms does not automatically authorize optional marketing or tracking. Where consent is required, valid consent requirements must be met separately; a general agreement to terms is insufficient.