They store data on you even if you did not interact with the service
Some services store data on you even if you did not provide that data yourself. For example, users might provide access to their address book, after which a service might also store the phone numbers of that person's contacts.
Private messages can be read
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
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.
You waive your moral rights
Moral rights are rights to creators of literary, dramatic, musical and artistic works, as well as directors of films.
"The moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work allows the author to object to alteration, distortion, or mutilation of the work that is "prejudicial to the author's honor or reputation". Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyrights. Even if an artist has assigned his or her copyright rights to a work to a third party, he or she still maintains the moral rights to the work." -Wikipedia
In general, any terms that use the exact words "moral rights" as rights that are waived will fall under this Case.
Service fines users for Terms of Service violations
Service fines users for violating provisions in the Terms of Service
This service may collect, use, and share location data
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
The service collects different kinds of personal data, such as name, demographic information, postal address, biometric data, device information, IDs, contacts, call logs...
Terms may be changed any time at their discretion, without notice to you
The Agreements can be updated at any time, including in a way that negatively affects user rights, without notifying before or after the changes.
Some personal data may be kept 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...)
Some personal data may be kept 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...)
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.
Your account can be deleted or permanently suspended without prior notice and without a reason
At any time, your account can be terminated without explanation and without warning by the service.
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 to changes of terms 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 takes credit for your content
A license is kept on user-generated content even after you close your account
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.
Your content can be licensed 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.
You have a reduced time period to take legal action against the service
If you wish to bring legal action against a service about a past incident, you may not be able to do so if the Terms you agreed to implied a limited amount of time. As a result it may be worthy to carefully read that section of the Terms to know exactly how much time you might have before your right to take legal action expires.
The court of law governing the terms is in a jurisdiction that is less friendly to user privacy protection
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.
Your personal data may be sold or otherwise transferred 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.
Your profile is combined across various products
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 disclosed to comply with government requests without notice to 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.
You are being tracked via social media cookies/pixels
These types of cookies/pixels send information to social media sites when you interact with the service.
Information is gathered about you through third parties
This Service may employ, either identifiable or non-identifiable, data collection from third party sources about you.
Per the service's terms, you may not express negative opinions about them
Criticising, questioning, making objections or complaints about the Service, its staff or anything related to it is prohibited and constitutes a breach of the Terms.
Your personal information is used for many different purposes
Personal Data can be processed for many reasons, including non essential processing such as for advertising, marketing and analytics purposes.
This service gives your personal data to third parties involved in its operation
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
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.
Your provided identifiable information is actively checked by the service
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.
Your biometric data is collected
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 provided identifiable information is actively checked by the service
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.
Your data may be processed and stored anywhere in the world
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.
You must provide your legal name, pseudonyms are not allowed
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.
Any liability on behalf of the service is only limited to the fees you paid as a user
You can request access, correction and/or deletion of your data
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.
User accounts can be terminated after having been in breach of the terms of service repeatedly
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.
The data retention period is kept to the minimum necessary for fulfilling its purposes
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.
Information is provided about how they collect personal data
The service details situations in which they collect personal information or means by which they do.
You can 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.
A complaint mechanism is provided for the handling of personal data
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 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.
Information is provided about what kind of information they collect
The Privacy Policy describes in detail the data collected through the website and through the services provided.
Information is provided about how your personal data is used
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
This service makes an explicit promise not to sell "personal data" of users.
The service does not use any third-party advertising services
The service does not put any paid third party advertisements on their platform
The service claims to be CCPA compliant for California users
The service has a different behavior towards users protected by the California Consumer Privacy Act.
You have the right to leave this service at any time
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 service has non-exclusive use of your content
The service can pay for your content and you are allowed to make it commercially available to other services/parties.
A free help desk is provided
The service can be easily contacted for questions or provides a support center at no extra cost.
Your content can be deleted if you violate the terms
Content infringing the Terms of Service (or the Acceptable Use Policy or equivalent) may be removed, with or without notice.
This service can use your content for all their existing and future services
The service is not responsible for linked or (clearly) quoted content from third-party content providers
You authorise the service to charge a credit card supplied on re-occurring basis
You card will be billed on recurring basis unless cancelled. For instance, monthly or annual subscriptions.
This service assumes no responsibility and liability for the contents of links to other websites
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
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.
They may stop providing the service at any time
They may discontinue the services without prior notice, at any time, for any or no reason. They usually assume no liability for losses and damages resulting from this suspension.
This service does not condone any ideas contained in its user-generated contents
You must create an account to use this service
You must provide the service with your information in order to use it
Banned users are prohibited from creating a new account
Once users have been permanently banned from this service, they are not allowed to create a new account to keep using the service.
This service is only available to users over a certain age
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.
Your account can be suspended for several reasons
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.
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.
The service informs you that its privacy policy does not apply to third party websites
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.
First-party cookies are used
First-party cookies only belong to the domain of the service and not a third party.
This service is a subsidiary of Fenix International Limited
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.
The court of law governing the terms is in location X
The Terms are governed by the applicable laws of a jurisdiction (specified in the title of each point by replacing the "X").
Separate policies are employed for different parts of the service
The user may need to read additional product-specific agreements depending on the way the service is used.
Third parties are involved in operating the service
Your IP address is collected, which can be used to view your approximate location