You made your first sale on TikTok Shop. Then another. Then ten more.

Business is good. You're thinking about scaling. Maybe launch a Shopify store. Start email marketing. Run some ads.

Then someone asks: "Do you have your own privacy policy and terms?"

You pause. "Doesn't TikTok handle that?"

Sort of. But not really.

What the Platform Covers (And What It Doesn't)

TikTok Shop, Instagram Shopping, Facebook Marketplace, and other social commerce platforms handle a lot. They process payments. They have seller agreements. They manage buyer protection.

But they don't cover everything you do as a business.

What Platforms Typically Handle:

  • Payment processing: They collect payments and handle credit card compliance
  • Platform-level privacy: Their privacy policy covers how they use platform data
  • Platform terms: Seller agreements and community guidelines
  • Checkout flow: The transaction experience on their site/app
  • Basic fraud protection: Chargebacks and buyer protection programs

What You're Responsible For:

  • Product quality and safety: What you're selling and whether it's legal
  • Customer service: Responding to inquiries and handling complaints
  • Refunds and returns: Your own policies and how you handle them
  • Shipping and fulfillment: Getting products to customers on time
  • Data you collect off-platform: Email lists, CRM data, retargeting pixels
  • Off-platform sales: Any transactions on your website or other marketplaces
  • Taxes: Sales tax collection and income tax reporting
  • Marketing compliance: Email marketing, ad disclosures, FTC guidelines
Platform policies protect the platform, not you

If a customer files a complaint or lawsuit, you're the one who needs to defend yourself—not TikTok or Instagram. Their terms protect them. You need your own terms to protect yourself.

When Social Sellers Need Their Own Policies

You're Building an Email List

The moment you export customer emails from TikTok Shop or Instagram and upload them to Mailchimp, Klaviyo, or ConvertKit, you need a Privacy Policy.

Why? Because you're now collecting and processing customer data outside the platform. The platform's privacy policy doesn't cover what you do with that data.

Your Privacy Policy must explain:

  • What data you collect (emails, names, order history)
  • How you use it (marketing, customer support)
  • Who you share it with (email service provider, analytics tools)
  • How customers can opt out or delete their data

You're Running Ads and Retargeting

If you install Facebook Pixel, TikTok Pixel, or Google Analytics on any website or landing page, you're collecting user data.

Under GDPR and CCPA, you must:

  • Disclose this in a Privacy Policy
  • Provide a Cookie Policy
  • Offer a way to opt out of tracking

This applies even if your "website" is just a Linktree page with tracking pixels.

You're Scaling to Your Own Website

Most social sellers eventually launch a Shopify store, Squarespace site, or custom website. When you do, you need:

  • Privacy Policy: Required by law and by platforms like Shopify
  • Terms and Conditions: Protects you from liability and disputes
  • Refund Policy: Sets customer expectations and complies with consumer protection laws
  • Shipping Policy: Explains delivery times, costs, and international shipping

You can't rely on TikTok's policies to cover your Shopify store. They're separate businesses.

Brands and Partners Require It

If you want to partner with brands, join affiliate programs, or work with influencers, they'll ask for your policies.

Legitimate brands don't partner with sellers who have no legal documentation. It's a red flag.

You're Selling Internationally

Selling to EU customers? GDPR applies to you, regardless of where you're based.

Selling to California customers? CCPA may apply if you meet certain thresholds.

These laws require specific disclosures in your privacy policy. The platform's policy doesn't satisfy these requirements for your business.

Essential Policies for Social Sellers

Privacy Policy (Required)

You need a Privacy Policy if you:

  • Collect customer emails for marketing
  • Use tracking pixels (Facebook, TikTok, Google)
  • Have a website, landing page, or Linktree
  • Sell to EU or California customers
  • Use any analytics tools

In other words: if you're doing anything beyond just listing products on TikTok Shop, you need a Privacy Policy.

What it should cover:

  • What customer data you collect
  • How you use that data
  • What tools and services you use (email marketing, analytics, CRM)
  • User rights (access, deletion, opt-out)
  • Cookie usage if you have any web presence
  • Contact information for privacy questions

Terms and Conditions (Highly Recommended)

Terms and Conditions protect you from disputes, chargebacks, and legal issues that the platform won't handle for you.

What they cover:

  • Who can buy from you (age restrictions, geographic limits)
  • Product descriptions and disclaimers
  • Refund and return policies
  • Limitation of liability
  • Dispute resolution process
  • Intellectual property rights

This is especially important if you sell custom or personalized products, where disputes are more common.

Refund and Return Policy (Required)

Even if TikTok Shop has buyer protection, you need your own refund policy because:

  • EU law requires a 14-day return window
  • Platforms may enforce your stated policy, not theirs
  • Off-platform sales aren't covered by platform protection
  • Clear policies reduce disputes and negative reviews

Be specific:

  • How many days for returns? (30 days is standard)
  • What condition must items be in?
  • Who pays return shipping?
  • Are personalized items returnable?
  • How long do refunds take to process?

Shipping Policy (Recommended)

A shipping policy reduces "Where's my order?" messages and sets clear expectations.

Include:

  • Processing time before shipment (1-3 business days is typical)
  • Estimated delivery times
  • Shipping carriers used
  • International shipping details (if applicable)
  • Tracking information
  • Lost or delayed package policy

Platform-Specific Considerations

TikTok Shop Sellers

TikTok Shop requires:

  • Compliance with TikTok's Seller Policies
  • Tax compliance (sales tax collection)
  • Product safety and authenticity

But you still need your own policies if you:

  • Email customers off-platform
  • Run TikTok ads with tracking pixels
  • Have a website or Linktree in your bio
  • Sell on multiple platforms

Instagram Shopping Sellers

Instagram Shopping requires:

  • Compliance with Commerce Policies
  • Product tagging accuracy
  • Customer service standards

You need your own policies if you:

  • Use Instagram DMs for custom orders
  • Direct traffic to an external website
  • Collect emails for marketing
  • Run Facebook/Instagram ads

Facebook Marketplace Sellers

Facebook Marketplace is more informal, but professional sellers should have:

  • Privacy Policy (if collecting customer info)
  • Refund policy for disputes
  • Terms for repeat customers

Common Mistakes Social Sellers Make

Assuming the Platform Covers Everything
Platforms cover transactions within their ecosystem. They don't cover your email marketing, website, or off-platform activities.

Copying Platform Policies
You can't just copy TikTok's privacy policy and call it yours. Your policy must reflect your actual business practices.

Not Updating Policies as You Scale
Your policies from day one won't be accurate after you add email marketing, a website, and retargeting pixels. Update them.

Making Policies Inaccessible
If you have a Linktree or website, link to your policies in the footer. If you only sell on TikTok Shop, mention policies in your profile or include links in order confirmations.

Ignoring GDPR if Selling to EU
"I'm US-based" doesn't matter. If you sell to EU customers, GDPR applies to you. You need specific GDPR disclosures in your privacy policy.

Quick Action Plan

If you're just starting (selling only on TikTok Shop, no email list):

You can wait on creating your own policies. The platform covers you for now. But start thinking about it.

If you have any of these:

  • Email list from customer data
  • Website, landing page, or Linktree
  • Tracking pixels or analytics
  • Sales on multiple platforms

Create these policies immediately:

  1. Privacy Policy
  2. Terms and Conditions
  3. Refund Policy

If you're scaling (Shopify store, brand partnerships, international sales):

You need full documentation:

  1. Privacy Policy (with GDPR/CCPA addendums if applicable)
  2. Terms and Conditions
  3. Refund and Return Policy
  4. Shipping Policy
  5. Cookie Policy (if you have a website with analytics)
The scaling tipping point

Most social sellers hit a point where they need policies: when they land their first brand partnership, when they launch their own website, or when they start running paid ads. Don't wait until someone asks. Have them ready so opportunities don't pass you by.

Where to Display Your Policies

If you have a website or landing page:

  • Footer links on every page
  • Linked from checkout or signup forms
  • Mentioned in email footers

If you only sell on social platforms:

  • Link in bio (Instagram, TikTok)
  • Mentioned in profile description
  • Included in order confirmations or DMs
  • Hosted on a simple webpage (even a free Google Site)

The Bottom Line

Social commerce platforms make it easy to start selling. But they don't make you legally compliant beyond their ecosystem.

If you're building a real business—collecting emails, running ads, scaling beyond one platform—you need your own policies.

Start simple: Privacy Policy + Terms and Conditions + Refund Policy. Create them before you need them, not after someone asks for them.

Your business will thank you.