Private messages can be read
Explanation: The Service is able to access, scan, review or read all user communications, including private messages, which may contain personal or sensitive data.
Your personal data is used for automated decision-making, profiling or AI training
Explanation: Personal data or content you share with the service may be processed to make decisions by automated means without human involvement. This includes profiling, which is any form of automated processing of your information to analyse or predict things like your economic situation, health, personal preferences or interests; as well as Artificial Intelligence training.
This service may collect, use, and share location data
Explanation: Location-based information is collected and may be used and/or shared with third parties for purposes not directly related to the services provided (i.e. the Service doesn't rely on the use or share of location data to function properly).
Many different types of personal data are collected
Explanation: The service collects different kinds of personal data, such as name, demographic information, postal address, biometric data, device information, IDs, contacts, call logs...
Some personal data may be kept for business interests or legal obligations
Explanation: After the end of the data retention period and/or if you request the deletion of your data, they may still keep it for business interests (fraud detection, transactions...) or legal obligations (tax, legal reporting...)
This service shares your personal data with third parties that are not essential to its operation
Explanation: Your personal data is or may be given to third parties nonessential to the service’s operation. This could be a business partner that receives your data to provide targeted advertisements.
Some personal data may be kept for business interests or legal obligations
Explanation: After the end of the data retention period and/or if you request the deletion of your data, they may still keep it for business interests (fraud detection, transactions...) or legal obligations (tax, legal reporting...)
Information is gathered about you through third parties
Explanation: This Service may employ, either identifiable or non-identifiable, data collection from third party sources about you.
You are tracked via web beacons, tracking pixels, browser fingerprinting, and/or device fingerprinting
Explanation: Tracking technologies (such as web beacons, tracking pixels...) are employed on users and/or the service assigns a unique ID to a browser or device to track its behaviour.
You are forced into binding arbitration in case of disputes
Explanation: This service forces users to use their own contracted arbitrator and forces users to waive their rights to jury trial.
Your personal data may be used for marketing purposes
Explanation: The service may use your personal data for marketing, such as sending you personalised offerings.
You are tracked via web beacons, tracking pixels, browser fingerprinting, and/or device fingerprinting
Explanation: Tracking technologies (such as web beacons, tracking pixels...) are employed on users and/or the service assigns a unique ID to a browser or device to track its behaviour.
Your personal data may be disclosed to comply with government requests without notice to you
Explanation: If the Government governing the Terms requests personal data of a user of this service, they may not inform/notify the user while complying with the request.
Instead of asking directly, this Service will assume your consent to changes of terms merely from your usage.
Explanation: The Service infers your acceptance from your continued usage, instead of prompting you to read the new Terms and asking for direct consent. This doesn’t apply to services that have no way to seek consent from users through their contact details or an account.
You are forced into binding arbitration in case of disputes
Explanation: This service forces users to use their own contracted arbitrator and forces users to waive their rights to jury trial.
You waive your right to a class action.
Explanation: The right to be represented in a class action (or representative action) exists in the US and some European countries. It allows people who have been similarly injured by the same accused to take legal action by a single lawsuit instead of individually. Some Terms of Service try to limit that right. By agreeing to them, you could waive (= renounce to) your right to a class action, which might reduce your chances to be successful in a case.
Your personal data may be sold or otherwise transferred as part of a bankruptcy proceeding or other type of financial transaction
Explanation: If the service gets acquired or is involved in a merger, bankruptcy, reorganisation or sale, your personal data may be transferred or sold.
Your profile is combined across various products
Explanation: When using multiple services from one same company, they can combine these (unrelated) information sources about you to build up a single richer user profile about you.
Your personal data may be used for marketing purposes
Explanation: The service may use your personal data for marketing, such as sending you personalised offerings.
The court of law governing the terms is in a jurisdiction that is less friendly to user privacy protection (U.S.A.)
Explanation: The Terms are governed by the applicable laws of a jurisdiction known for weak data regulations and poor user privacy protection. Usually contributors will need to explain in the Analysis view of each point linked to this Case the reason why it shall be applied.
This service receives your precise location through GPS coordinates
Explanation: Unless the service relies on Geo Location, this case is to be assigned to points that don't need your GPS coordinates to function properly.
Your personal information is used for many different purposes
Explanation: Personal Data can be processed for many reasons, including non essential processing such as for advertising, marketing and analytics purposes.
The service may keep a secure, anonymized record of your data for analytical purposes even after the data retention period
Explanation: The data retention period states how long a service keeps user data. In this case, the service may anonymize the personal data after its retention period is over and use it for analytical or research purposes.
This service gives your personal data to third parties involved in its operation
Explanation: Your personal data is or may be given to third parties essential to the service’s operation. This could be an external spam detection service for an internet forum.
Your provided identifiable information is actively checked by the service
Explanation: The service checks if the required identifiable information you've provided is correct, and may do so on a regular basis. The check measures could be analyzing your browser information and/or providing the identifiable information to a third-party or the authority, thus compromising your anonymity.
This service assumes no liability for unauthorized access to your personal information
Your biometric data is collected
Explanation: This service can collect or use your biometric data. This includes but is not limited to facial recognition, fingerprints, and iris scans. Although this feature can sometimes be convenient to the user, providing this type of information to the service could open your personal data to being sold or stolen.
Your data may be processed and stored anywhere in the world
Explanation: Your data is stored all over the world, including in countries where data protection rules may differ from the ones of the service's jurisdiction or those of your country jurisdiction.
Third-party cookies are used for statistics
Explanation: For instance, Google Analytics, rather than self-hosted (first-party) statistics software.
Any liability on behalf of the service is only limited to the fees you paid as a user
Third party cookies are employed, but with opt out instructions
Features of the website are made available under a free software license
Explanation: This case applies to services under a license that is either free software (free as in "freedom"), or just open source. This means that the code is entirely open source. For free software licenses, according to the Free Software Foundation, "free software is the software that grants the user the freedom to share, study, and modify it".
Information is provided about how they collect personal data
Explanation: The service details situations in which they collect personal information or means by which they do.
The data retention period is kept to the minimum necessary for fulfilling its purposes
Explanation: The service will remove personal data from its systems once it is no longer required. Depending on the type of information and the reason it was collected, data retention periods will vary.
You can request access, correction and/or deletion of your data
Explanation: Users have the right to access personal data hold by the Service, correct it and/or permanently delete it. This usually applies to Services GDPR compliants.
You can delete your content from this service
Explanation: You can ask the service to remove your content at any time, and it's deleted within a reasonable time.
You maintain ownership of your content
Explanation: This service does not claim ownership over user-generated content or materials, and the user doesn't need to waive any moral rights by posting owned content.
User accounts can be terminated after having been in breach of the terms of service repeatedly
Explanation: User accounts can be terminated for having been in breach of the terms of service repeatedly, meaning they cannot be terminated without a reason, but only for a limited number of reasons. Additionally, user accounts will not be deleted after a first infringement.
You can limit how your information is used by third-parties and the service
Explanation: Usually it's related to the right to object to data processing or restrict it under the GDPR. Users may be able to refuse the use of their data for marketing purposes for instance.
You are informed about the risk of publishing personal info online
A complaint mechanism is provided for the handling of personal data
Explanation: The service provides users with contact information for an internal or external structure to lodge complaints. It also provides users with contact information for a higher data protection / privacy office in case the internal mechanism fails to satisfy the user.
Information is provided about how your personal data is used
Explanation: The Privacy Policy explains the purposes for which data is collected and the way it is processed, used and shared.
Information is provided about what kind of information they collect
Explanation: The Privacy Policy describes in detail the data collected through the website and through the services provided.
The service reviews its privacy policy on a regular basis
Explanation: Users know the date the privacy policy was last updated and can thus infer the next time it will be reviewed. This gives users more certainty about how long they can trust the current policy to apply.
You are warned of the potential consequences related to third-party access
Explanation: This is different from disclaiming liability for external links, which is handled by the "This service assumes no responsibility and liability for the contents of links to other websites" case.
Your personal data is not sold
Explanation: This service makes the claim that your personal data is not being sold, rented or traded with third parties. This, however, may not always be an accurate statement as it may be, more often than not, based entirely on a very loose legal definition on “selling”, whereas other jurisdictions may actually constitute their sharing of your personal data as “selling”.
The service claims to be GDPR compliant for European users
Explanation: The service has a different behavior towards users protected by the GDPR.
The service does not use any third-party advertising services
Explanation: The service does not put any paid third party advertisements on their platform
The service claims to be CCPA compliant for California users
Explanation: The service has a different behavior towards users protected by the California Consumer Privacy Act.
If you are the target of a copyright holder's take down notice, this service gives you the opportunity to defend yourself
Explanation: You have the right to send a counter-notice to the service if you believe the content that was removed wasn't infringing any copyright.
The service claims to be LGPD compliant for Brazilian users
Explanation: The service has a different behavior towards users protected by the Lei Geral de Proteção de Dados Pessoais.
You have the right to leave this service at any time
Explanation: You can stop using the service and/or cancel or delete your account at any time for any reason. Moreover, the termination is reasonably fast and simple.
A free help desk is provided
Explanation: The service can be easily contacted for questions or provides a support center at no extra cost.
The service has non-exclusive use of your content
Explanation: The service can pay for your content and you are allowed to make it commercially available to other services/parties.
You can opt out of promotional communications
Explanation: You can update your account preferences and/or easily unsubscribe of email/sms lists to stop receiving promotional communications.
You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service
There is a date of the last update of the agreements
Explanation: The given text has a date that allows to know when it was last updated.
Harming minors in any ways is prohibited
Explanation: This service prohibits harming minor in any ways. Since both “minor” and “in any ways” are vague and can be cited to restrict possibly any actions, the case is not classified as “good”.
This service assumes no responsibility and liability for the contents of links to other websites
Explanation: The service rejects any responsibility for the contents of other websites to which it links.
The service assumes no liability for any damages the user incurs
Explanation: The service assumes no liability for any damages the user incurs, including tangible (e.g. profits) and intangible losses (e.g. data), resulting from the use or inability to use the service or any other matter relating to the service.
You should revisit the terms periodically, although in case of material changes, the service will notify
Explanation: The service may update the Terms without notice, but if they significantly change the agreements in a manner that importantly and/or negatively affects the way the service is used, users will be notified.
Blocking first party cookies may limit your ability to use the service
Explanation: Most browsers allow users to set preferences related to cookies storage. You may choose to block all cookies (including first-party cookies), but it may impact your use of this service and you may not be able to access some or any of the features provided.
Your private content may be accessed by people working for the service
The service provider makes no warranty regarding uninterrupted, timely, secure or error-free service
Explanation: The service provider expressly does not claim to provide uninterrupted, timely, secure or error-free service.
You must create an account to use this service
Explanation: You must provide the service with your information in order to use it
You are prohibited from posting content which promotes violence or politically or religiously extremist values.
Explanation: Users are not allowed to post extremist political or religious content. They are also not allowed to post content that glorifies violence.
The service is provided 'as is' and to be used at your sole risk
Explanation: This service does not provide any guarantees as to its usability or fitness for the users' purposes. Users agree to use it at their own risk, accepting any possible bugs, malfunctions or harm to their devices.
This service is only available to users over a certain age
Explanation: The Services are intended for users who are at least a certain age. If you are younger than the age required then you are prohibited from using the Service.
If you are the target of a copyright claim, your content may be removed
Explanation: The content you have published on the service may be removed if it infringes copyright.
Your account can be suspended for several reasons
First-party cookies are used
Explanation: First-party cookies only belong to the domain of the service and not a third party.
Instructions are provided on how to submit a copyright claim
Explanation: If content that you own is copied or made accessible through the service in a way that constitutes an intellectual property right infringement, you can report it following the instructions given in the agreements.
Failure to enforce any provision of the Terms of Service does not constitute a waiver of such provision
Explanation: Even if the service does not or not always enforce all of the rules or provisions contained in its terms, they still apply. Users can at a later time still be held accountable for violating provisions that have not been enforced consistently.
Invalidity of any portion of the Terms of Service does not entail invalidity of its remainder
Explanation: Should any portion of the Terms of Service be unenforceable or invalid, that portion will be enforced to the fullest extent permitted by applicable law and the remainder of the TOS will remain valid and enforceable.
The service informs you that its privacy policy does not apply to third party websites
Explanation: The service states that whenever it links to third party websites or applications, its privacy policy does not apply. Those third party websites or applications hosted or operated by other organizations may have their own privacy policies.
You must report to the service any unauthorized use of your account or any breach of security
Explanation: The service asks the user to notify them immediately of any unauthorized use or security breaches.
You are responsible for maintaining the security of your account and for the activities on your account
Explanation: You are responsible for protecting the confidentiality of your password and for maintaining the security of your account. Any activity occurring under your account is your responsibility, whether authorized by you or not.
You cannot distribute or disclose your account to third parties
Explanation: In this context third-parties refers to anyone including friends, family, or company
Your personal data is aggregated into statistics
Explanation: Your personal data is used for statistics in a de-identified/aggregated form (i.e. not directly linked to a unique identity) to analyse trends, for research and for analytics.
The service does not guarantee accuracy or reliability of the information provided
Explanation: This service makes no warranty regarding the accuracy or reliability of any information that is given on its website or the results that may be obtained from the use of the service.
This service informs you that its Terms of Service does not apply to third party websites
Explanation: The service states that whenever it links to third party websites or applications, its Terms of Service does not apply. Those third party websites or applications hosted or operated by other organizations may have their Terms of Service.
Your IP address is collected, which can be used to view your approximate location
This service does not guarantee that it or the products obtained through it meet your expectations or requirements
Explanation: This service provider informs its users that the services, information, products, or other materials provided on its website may not meet the users' expectations or requirements.
The court of law governing the terms is in the State of Delaware, U.S.A.
Explanation: The Terms are governed by the applicable laws of a jurisdiction (specified in the title of each point by replacing the "X").
Minors must have the authorization of their legal guardians to use the service
Explanation: Minors must have the authorization of their legal guardians to use the services. The legal guardians are responsible for the use of the service by the minor.
Do Not Track (DNT) headers are ignored and you are tracked anyway even if you set this header.
Explanation: Even though the Do Not Track (DNT) header was not implemented perfectly, services should not track users whose browsers send a DNT header.
The service is not responsible for linked or (clearly) quoted content from third-party content providers
Explanation: Weight used to be 50.
Explanation: The Service is able to access, scan, review or read all user communications, including private messages, which may contain personal or sensitive data.