Most people never read the legal pages at the bottom of a website. That doesn't mean they don't matter. When something goes wrong, those pages are often the first thing anyone looks at.
This lesson explains the main legal pages a small site usually has, what each one is for, and how to put them together honestly. It also explains why grabbing a generic copy off the internet is a bad shortcut.
The short version
- This is general information, not legal advice, and the laws behind these pages vary by state and country, so check with a qualified professional.
- Your legal pages should describe what your site actually does, not what some other site does.
- Start by listing what you collect and what you sell, then build the pages from that list.
The three main pages, in plain words
The first website lesson mentioned these briefly. Here's what each one actually does.
Privacy policy
A privacy policy is a page that explains what personal information your site collects, why, and what you do with it. Personal information means anything that can identify someone, like a name, email address or payment details.
If you have an email signup form, sell products, or use tools that track visitors, you're collecting information. Many privacy laws expect you to explain that clearly. Some email and payment services also require you to have a privacy policy to use them.
Terms
Terms, sometimes called terms of use or terms of service, are the rules for using your site or buying from you. They're a kind of agreement between you and the people who use your site.
If you sell things, terms often cover how buying works, what the buyer gets, what they can and can't do with it, and your refund policy. Some people put the refund policy on its own page so it's easy to find.
Disclaimers
A disclaimer is a plain statement that limits what people should assume. For example, "This is general information, not legal or tax advice." Or, "Results vary, and most people earn little or nothing at first."
Disclaimers are for honesty and clarity. They aren't a magic shield. A disclaimer won't cover you if the rest of your site makes misleading claims.
A disclaimer can't fix a misleading claim. Only removing the claim fixes it.
Why generic copies are risky
It's tempting to copy a privacy policy from a big site, swap in your name, and move on. Here's why that tends to backfire.
- It describes someone else's business. A big company's policy talks about data they collect and partners they share it with. You probably don't do any of that, and you probably do things it doesn't mention.
- It can promise things you don't do. If your policy says you never use tracking tools, and you do, your own page is now saying something untrue.
- It may cite the wrong laws. It might reference rules that don't apply to you and skip the ones that do.
- Copying it may be its own problem. Legal pages are written by someone. Copying them word for word can be copyright infringement.
Generic is not the same as safe. A legal page that doesn't match your actual site can create more trouble than having a short, honest one.
Step one: make a list of what your site does
Before you write anything, sit down and list the facts. This list is the backbone of all three pages.
What you collect
- Do you have an email signup form? What does it ask for?
- Do you sell products? What does checkout collect?
- Do you have a contact form or comments?
- Do you use analytics, which are tools that track visits and clicks?
- Does your site use cookies, which are small files a browser stores to remember things about a visitor?
Who else touches that information
List every outside service that handles your visitors' data. That might be your email service, your payment processor, your website host, your analytics tool, and any embedded videos or social buttons. Each one may collect data too.
What you sell and how
Write down what buyers get, how they get it, whether they can share it, and what your refund policy is. If you sell digital downloads, be clear about personal use versus resale.
Step two: build the pages
You have a few honest options, and many people use more than one. Whatever you pick, start from your list.
Use a reputable generator or template
Some website builders and services offer privacy policy and terms generators. You answer questions about your site, and they produce a draft. This is usually a better start than copying another site, because it's built from your answers.
Read the result line by line. Delete anything that isn't true for your site. Add anything that's missing from your list.
Check what your tools require
Your email service and payment processor may have their own rules about what your policies must say. Look in their help centers for "privacy policy" or "requirements." Make sure your pages meet them.
Have a professional look
If you collect a lot of personal information, sell to people in many places, or work in an area with extra rules, it's worth paying a lawyer to review your pages. Health, money and anything involving kids are examples of areas that often have extra rules. The SBA and FTC have general business and consumer information worth reading first.
Step three: make them easy to find
Legal pages only help if people can find them. Put links in your site's footer on every page. Link to your terms and refund policy near your checkout or buy button too.
Write in plain words wherever you can. Plain language helps your buyers understand what they're agreeing to. It also helps you, because you'll actually know what your own pages say.
Step four: keep them current
Put a "last updated" date at the top of each page. Review them whenever you add a new tool, start selling something new, or change your refund policy.
A good habit is to check them at least once a year, even if nothing seems to have changed. Laws change, and so do the tools you use.
Do this next
Fine print should still be true print.
Veteran. Gen Xer. Thirty-plus years building things on the web. I write these so you can skip some of the expensive mistakes.