This service may keep personal data after a request for erasure 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...)
Tracking via third-party cookies for advertising
Explanation: The service's website sets third-party cookies (cookies that do not belong to their domain) for purposes not including statistics and analytics.
The service can sell or otherwise transfer your personal data 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.
If you offer suggestions to the service, they become the owner of the ideas that you give them
Explanation: The service can claim ownership on feedback, proposals, ideas and suggestions submitted by the users, who may waive their "moral rights" on that feedback.
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.
This service forces users into binding arbitration in the case of disputes
Explanation: This service forces users to use their own contracted arbitrator and forces users to waive their rights to jury trial.
Instead of asking directly, this Service will assume your consent 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.
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.
This service assumes no liability for unauthorized access to your personal information
Users shall not interfere with another person's enjoyment of the service
Explanation: Users are asked not to interfere with another person't enjoyment in using the service.
However, this statement is very vague and open to interpretation by the service itself.
You must provide your legal name, pseudonyms are not allowed
Explanation: You must provide your legal name and pseudonyms aren't allowed. This case doesn't apply to Services for which transparency regarding users identities is relevant for their purposes.
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
Tracking pixels are used in service-to-user communication
Explanation: The service tracks the user count or some actions of the user; this is usually used for statistics. For example, emails sent by a service can contain a pixel tag, which is a small, clear image that can tell them whether or not you have opened an email and what your IP address is.
Personal information that is shared outside its jurisdiction is processed according to the original jurisdiction’s data protection standards
Explanation: The service has arrangements in place to ensure that users' personal information, if shared with an entity outside of the service's jurisdiction, is processed to the same standards that apply to the processing of personal data in the service's jurisdiction.
Users can access most of the pages on the service's website without revealing any personal information
Explanation: The service does not require users to reveal personal information for most of its website. However, it may still collect anonymous logs.
Your personal data is used for limited purposes
Explanation: Your Personal Data is only used for the essential purposes of the Service, which are clearly defined on the Agreements. For instance, the Service won't abuse your data to deliver targeted advertisements to you or for marketing purposes.
You maintain ownership of your data
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.
Tracking cookies refused will not limit your ability to use the service
Explanation: Blocking tracking technologies will not negatively impact your use of the service.
This service provides archives of their Terms of Service so that changes can be viewed over time
Explanation: This case applies to Services whose agreements provide previous versions, so that users can compare them and understand how the Service seems to evolve regarding user rights.
The court of law governing the terms is in a jurisdiction that is friendlier to user privacy protection.
Explanation: The Terms are governed by the applicable laws of a jurisdiction known for protecting citizens privacy with strong data regulations. Usually contributors will need to explain in the Analysis view of each point linked to this Case why the jurisdiction is friendly to user privacy protection.
The service promises to inform and/or notify users regarding government inquiries that may involve users' personal data
Explanation: In case the Government governing the Terms requests personal data of a user of this service, they will make reasonable efforts to inform/notify the user (e.g. warrant canary).
The cookies used by this service do not contain information that would personally identify you
Explanation: The cookies used only collect anonymous, aggregated data that cannot be linked to a unique identity.
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 request access and deletion of personal 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.
When the service wants to make a material change to its terms, users are notified at least 30 days in advance
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 at least 30 days in advance.
The service provides a complete list of all cookies set by its website
Explanation: The service provides users with a complete list of all first and third party cookies its website sets and an explanation of their uses. This information can be valuable for users to make an informed choice whether to allow those cookies.
The service provides details about what kinds of personal information they collect
Explanation: The Privacy Policy describes in detail the data collected through the website and through the services provided.
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.
The service provides information about how they intend to use your personal data
Explanation: The Privacy Policy explains the purposes for which data is collected and the way it is processed, used and shared.
Your personal data is not sold
Explanation: This service makes an explicit promise not to sell "personal data" of users.
The service provides two factor authentication for your account
Explanation: The service provides means of further securing your account with two factor authentification, thus greatly improving account security.
Third parties used by the service are bound by confidentiality obligations
Explanation: The Third Parties accessing your personal information must keep it confidential and only use it for limited purposes.
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.
The terms for this service are easy to read
Explanation: The Agreements are well-organised, define legal terms (where applicable), aren't needlessly long and may be pleasant to read.
The service may give prior notice before closing your account
Explanation: The Terms explain they will notify users at least 30 days before closing their accounts, which allows users to limit the losses and damages caused by this termination.
The service provides a free help desk
Explanation: The service can be easily contacted for questions or provides a support center at no extra cost.
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 and indemnify the service in case of a claim related to your use of the service
You authorise the service to charge a credit card supplied on re-occurring basis
Explanation: You card will be billed on recurring basis unless cancelled. For instance, monthly or annual subscriptions.
The service has a no refund policy
Explanation: Payments are final and can't be refunded unless required by law.
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.
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.
This service assumes no liability for any losses or damages resulting from any matter relating to the service
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.
Defend, indemnify; survives termination
You must create an account to use this service
Explanation: You must provide the service with your information in order to use it
The service is provided 'as is' and to be used at the users' 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.
The service can suspend your account for several reasons
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.
Users agree not to use the service for illegal purposes
Explanation: The user agrees not to commit any unlawful acts through the use of the website, including the posting of illegal content or messaging.
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.
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.
This service is a subsidiary of Twilio
Explanation: The service is a subsidiary of a certain company (called X in the title, to be replaced by the parent Company in each point's title). Company X’s Terms of Service may apply to the service.
Third parties are involved in operating the service
This service collects your IP address, which can be used to view your approximate location
The court of law governing the terms is in location California, USA
Explanation: The Terms are governed by the applicable laws of a jurisdiction (specified in the title of each point by replacing the "X").
This service does not guarantee that it or the products obtained through it meet the users' 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.
This service ignores the Do Not Track (DNT) header and tracks users anyway even if they 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.
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...)