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6 Comments

What's more important to have first? Terms and conditions or Privacy Policy?

In my application or website, what is more, important to have first, terms or privacy policy? Probably this is a dumb question but services like Iubenda give a free version for "Privacy Policy" but for "Terms and Conditions", you need a paid subscription in their service.

  1. 3

    I researched the same question a few months ago, and it looked like the Privacy Policy is more important since it's legally required in some states and countries. The Privacy Policy is all about protecting the consumer, whereas Terms and Conditions focus more on protecting the vendor (you) by clarifying what you deem as "acceptable use" of your product.

    I'd recommend looking at Shopify's free generators, which is what I did for my first product. It will generate the standard clauses, and you can go in and change references to "Shopify" with references to your business. Same goes for any 3rd parties that they mention:

    Disclaimer: I'm not a lawyer, and this isn't legal advice.

    1. 1

      Hi (Simon from iubenda here), I do agree with the above general argumentation. if you want to break it down to the very fundamentals, you'll be very likely required to have that privacy policy for disclosure to anyone visiting/buying/interacting - while terms are more for your own protection (even though depending on the situation some information commonly placed in terms might also be required).
      If you take that as a reasoning, the privacy policy is more important.

      I'm all for publicly available (good, trustworthy!) templates, but again I'd ask myself if it fits my situation well. If it doesn't cost anything then there's usually a drawback, plus I can't imagine a template to be made fitting with one single step (your company information).

      When it comes to using iubenda, I think we're providing a fair starting point with options that will get you started with the free privacy policy version (the terms are then in another tier).

    2. 1

      That makes sense, the problem with this type of free generator is that I feel that is always empty for what I need.

      Need to research, but can you clarify if Shopify policy covers clauses like:

      • Content Rights
      • Account Registration
      • A business model like payment and subscriptions
      • Acceptable use
      • API
      • Other Common provisions
      1. 2

        I'm not sure what you're thinking when you list "API" but everything else sounds fairly standard for internet businesses and covered by Shopify's policies. One thing to keep in mind is that there is quite a lot of diversity within Spotify stores—they can be online products, physical goods, or even subscriptions. The generic Shopify policies, therefore, are written in a generic way so as to support most online businesses. Chances are it covers your use case as well.

        1. 1

          the avodocs suggested by @stonarda is a more complete solution than Shopify. Thank you guys for the feedback.

  2. 2

    I'm not sure about the answer to your question, but I use https://www.avodocs.com/

    It lets you generate both in around 10 minutes!

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