Do I need to disclose Termly in my privacy policy?

Yes. If you use Termly's cookie consent banner or policy generation features on your website, you should disclose this in your privacy policy as it involves collecting consent data and managing visitor information. This transparency is required under GDPR Article 13 and CCPA regulations, which mandate disclosing all tools processing visitor data.

What specific data does Termly collect from website visitors?

Termly's documentation does not specify exactly what visitor data is collected. However, cookie consent tools typically collect consent choices, IP addresses, browser information, and timestamps. You should review Termly's current data processing documentation and contact their support for precise details about data collection, as this information affects your privacy policy disclosures.

Does using Termly require a cookie consent banner on my website?

Termly offers cookie consent banner functionality, but using their policy generator alone does not require one. However, if you implement Termly's consent management features to comply with GDPR or CCPA cookie laws, you must display a banner allowing visitors to accept or reject non-essential cookies before they are set.

Who processes data collected by Termly and where is it stored?

Termly operates as a self-hosted solution with no documented third-party data processors. This means consent and policy data remains within Termly's infrastructure. However, you should verify current data residency and processing details directly with Termly, as infrastructure arrangements can change and affect your data processing agreements.

Cookie Consent

Privacy policy clauses for Termly

Termly is a legal policy generation and cookie consent management platform that helps websites create compliant privacy policies, terms of service, and cookie consent banners. Websites use Termly to automate policy creation, manage user consent, and demonstrate compliance with privacy regulations like GDPR and CCPA.

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When does Termly trigger privacy obligations?

Installation Triggers Consent Obligation

The moment you embed Termly on your site, you activate consent requirements under GDPR Article 7 (lawfulness of consent), ePrivacy Directive Article 5(3) (cookie consent), and CCPA Section 1798.100 (consumer right to know). Termly itself does not collect data, but it *enables* your site to collect data legally by documenting what cookies and trackers are present.

What Flows Begin Immediately

Once Termly loads:

1. Cookie scanning begins — Termly identifies first-party and third-party cookies already firing on your site (Google Analytics, Meta Pixel, Stripe, etc.). This scanning itself may trigger secondary consents if the scanner uses cookies.

2. Policy generation — Termly generates your privacy policy and cookie policy based on detected technologies. These documents now become your Article 13/14 transparency obligation (GDPR) and Section 1798.100 disclosure (CCPA).

3. Consent records — Termly's banner captures and logs user consent choices. This creates a GDPR Article 7(4) audit trail — you must be able to prove informed, freely-given consent.

Jurisdictional Thresholds

–GDPR: Applies if you process any EU resident data (no revenue threshold). Consent becomes mandatory for non-essential cookies (Article 82 liability for non-compliance: €10–20M or 2–4% revenue).

Common compliance pitfalls

Pitfall 1: Incomplete Cookie Category Mapping

The Mistake: Termly auto-detects cookies and assigns them to categories (Essential, Analytics, Marketing, etc.). Founders often accept these defaults without verifying that all third-party trackers are listed.

Why It Happens with Termly: Termly's scanner is thorough but not perfect. If you use custom-built tracking pixels, server-side GTM, or niche marketing tools, they may not appear in the auto-generated list. Operators assume "if Termly didn't flag it, it's not there."

Consequence: GDPR Article 6 violation — you're processing personal data (via unlisted cookies) without valid legal basis. DPAs treat undisclosed tracking as particularly serious. Fines target the *full scope* of non-consensual processing. CCPA exposes you to $7,500/violation. Users also have a right to sue under GDPR Article 82.

Pitfall 2: Generating Policies Without Updating Them

The Mistake: Termly generates a privacy policy on day one. Founders publish it and move on. Months later, they add Hotjar, new payment processors, or data-retention practices change — but they don't regenerate or manually update Termly's policy output.

Why It Happens with Termly: Termly's policy generator is convenient, creating a false sense of "set and forget." Many founders don't realize GDPR Article 13/14 requires contemporaneous disclosure — the policy must reflect *current* practices at the time of collection.

Consequence: Your policy becomes materially false. Regulators treat stale disclosures as deceptive. CCPA § 1798.140 defines "personal information" by current collection — old policies don't satisfy the statutory obligation. Users have grounds to revoke consent.

Pitfall 3: Not Documenting Consent Evidence for GDPR Article 7(4)

The Mistake: Termly captures consent events, but founders never download, store, or audit the consent logs. When audited, they can't produce proof that User X consented to Marketing cookies on Date Y.

Why It Happens with Termly: Termly handles the technical capture; founders assume the burden stops there. They don't realize Article 7(4) places responsibility on the controller to maintain and retrieve records on demand.

Consequence: Even if users *did* consent, you cannot prove it. GDPR recital 32 and DPA guidance (e.g., EDPB Guidelines 05/2020) shift the evidentiary burden to you. Lack of records is treated as non-compliance. Regulators fine as if no consent existed.

Privacy policy clauses for Termly

When does Termly trigger privacy obligations?

Installation Triggers Consent Obligation

What Flows Begin Immediately

Jurisdictional Thresholds

First Concrete Step

Common compliance pitfalls

Pitfall 1: Incomplete Cookie Category Mapping

Pitfall 2: Generating Policies Without Updating Them

Pitfall 3: Not Documenting Consent Evidence for GDPR Article 7(4)

Sample privacy policy clause

What regulators look for

What DPAs Flag in Termly Audits

Frequently asked questions

Do I need to disclose Termly in my privacy policy?

What specific data does Termly collect from website visitors?

Does using Termly require a cookie consent banner on my website?

Who processes data collected by Termly and where is it stored?

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