Tracking via third-party cookies for purposes including advertising
The service's website sets third-party cookies (cookies that do not belong to their domain) for purposes not including statistics and analytics.
This service may keep personal data after a request for erasure for business interests or legal obligations
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...)
The service may sell your data unless you opt out
There is a form to opt-out (typically California's CCPA) of the selling of your personal data. This is a bad a point because there are many services that don't have this form due to not selling your data in the first place.
This service tracks you on other websites
The service may use tracking technologies in third-party websites to track your online activity while you aren't visiting their Site.
Instead of asking directly, this Service will assume your consent merely from your usage.
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 reserves the right to disclose your personal information without notifying you
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.
This service forces users into binding arbitration in the case of disputes
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.
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 tracks which web page referred you to it
The service logs the URL of the last web page you visited before visiting the Site and may use that information to gather more data about you.
This service gathers information about you through third parties
This Service may employ, either identifiable or non-identifiable, data collection from third party sources about you.
This service can license user content to third parties
By posting content through the Services, users grant them a transferable and/or sublicensable right, which allows user content to be licensed to third parties.
The service may use tracking pixels, web beacons, browser fingerprinting, and/or device fingerprinting on users.
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.
The service may collect extra data about you through promotions
Additional personal data may be collected through contests, surveys, promotions, petitions or sweepstakes.
This service keeps a license on user-generated content even after users close their accounts.
The service may still use your content and display it after you stopped using it by closing your account. The case applies to terms requiring users to grant them a perpetual license over that content.
The service can sell or otherwise transfer your personal data as part of a bankruptcy proceeding or other type of financial transaction.
If the service gets acquired or is involved in a merger, bankruptcy, reorganisation or sale, your personal data may be transferred or sold.
This service uses third-party cookies for statistics
For instance, Google Analytics, rather than self-hosted (first-party) statistics software.
The court of law governing the terms is in a jurisdiction that is friendlier to user privacy protection (California, USA)
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.
When the service wants to make a material change to its terms, users are notified at least 30 days in advance
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.
This service allows you to retrieve an archive of your data
Users can request a copy of the data collected through the services and infer from it the amount of personal information that is processed and stored by the Service. This usually applies to Services GDPR compliants.
The service reviews its privacy policy on a regular basis
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 can opt out of targeted advertising
The service employs your data to target ads to you, but you can opt-out of this interest-based advertising.
Blocking first party cookies may limit your ability to use the service
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.
There is a date of the last update of the agreements
The given text has a date that allows to know when it was last updated.
Invalidity of any portion of the Terms of Service does not entail invalidity of its remainder
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.
Failure to enforce any provision of the Terms of Service does not constitute a waiver of such provision
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.
The court of law governing the terms is State of California (U.S.)
The Terms are governed by the applicable laws of a jurisdiction (specified in the title of each point by replacing the "X").