Terms of use and privacy: what your company needs
Terms of use and a privacy policy are distinct and complementary documents. Together, they set out the rules of the relationship with the user and demonstrate the company's commitment to data processing.
What is the difference between the two documents
The terms of use function as the contract that governs access to and use of a website, application or platform, defining the parties' rights and obligations. The privacy policy, on the other hand, describes how the company collects, uses, stores and shares personal data. They are different documents: one deals with the use of the service, the other with the processing of data.
What is usually included in the terms of use
- Rules on registration, access and conditions for using the service
- Rights and duties of the user and of the company
- Intellectual property over the brand, content and software
- Limitations of liability and grounds for suspension or termination
- Jurisdiction and rules for resolving disputes
What the privacy policy must inform
Aligned with the LGPD, the privacy policy usually indicates which data is collected, for what purposes, which legal bases are used, with whom the data may be shared, how long it is kept and how the data subject can exercise their rights. Clarity and accessible language are important aspects of this document.
Why these documents are important
In addition to organizing the relationship with the user, these documents help demonstrate good faith and transparency, reduce the risk of disputes and support compliance with data protection and consumer protection legislation. Generic templates copied from the internet generally do not reflect the reality of the business and may create legal uncertainty.
Precautions when drafting and updating
The documents must actually reflect how the company operates and how it processes data. Whenever the service changes, new features are launched or the way data is processed is altered, it is usually advisable to review the texts. Keeping an update date and a version history is also a good practice.
Frequently asked questions
Can the terms of use and the privacy policy be the same document?
Although they may be made available together, they deal with distinct matters and, in general, it is advisable to keep them separate. The terms of use govern the use of the service, while the privacy policy deals specifically with the processing of personal data, with a focus on the LGPD.
Does every website need a privacy policy?
If the website collects or processes personal data — which happens in most cases, even with simple forms or cookies — a privacy policy tends to be necessary to comply with the LGPD and to inform users transparently about the use of their data.
Need guidance on this topic?
This article is informational. For guidance on your specific case, talk to our team.