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.
App required for this service requires broad device permissions
The app of the service requires more device permissions than necessary. As a consequence it can compromise your privacy by accessing many functions and information from your device, such as precise location, contacts, device identifiers etc.
Location data may be collected, used and/or shared
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...
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 shares your personal data with third parties that are not essential to its operation
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.
The service disables software that you are not licensed to use
The service disables software that you are not licensed to use.
You waive your right to a class action (U.S. users only)
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 used for marketing purposes
The service may use your personal data for marketing, such as sending you personalised offerings.
Many third parties are involved in operating the service
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 are forced into binding arbitration in case of disputes (U.S. users only)
This service forces users to use their own contracted arbitrator and forces users to waive their rights to jury trial.
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.
The court of law governing the terms is in a jurisdiction that is less friendly to user privacy protection (Delaware, U.S.A. for U.S. users)
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 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.
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.
This service tracks which web page referred you to it
The service logs the URL of the last web page you visited before and/or after visiting the Site and may use that information to gather more data about you.
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.
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 data is used to employ targeted third-party advertising
Your Personal Information is traded and shared with advertising companies to target ads on you, either on the website you were visiting or in third party websites. Your interaction with the service and data you have shared with them may be gathered to create an advertising ID or profile.
Your personal data is used for advertising
Your interaction with the service and data you have shared with them may be gathered to create an advertising ID or profile to target ads on you, either on the website you were visiting or in third party websites.
This service assumes no liability for unauthorized access to your personal information
Third-party cookies are used for statistics
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
Tracking pixels are used in service-to-user communication
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.
Logs are deleted after a finite period of time
Logs are text files containing some information about web visitors, such as user agents (showing for instance that you're connecting from Firefox for Android) and ip addresses (which reveal your approximate location). This case applies to Services that periodically delete their logs to prevent user sessions being tracked over time.
The service will resist legal requests for your information where reasonably possible
The service will attempt to protect user information to a great extent, even so far as stating that they will only follow legal requirements to disclose user information in circumstances where this cannot be reasonably resisted.
User accounts can be terminated after having been in breach of the Terms of Service repeatedly
Your account can be terminated for having been in breach of the Terms of Service/Community Guidelines/any other relevant policy. Your account can not be terminated without a reason.
The court of law governing the terms is in a jurisdiction that is friendlier to user privacy protection (Switzerland for non-U.S. users)
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.
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.
You can limit how your information is used by third parties and the service
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 maintain ownership of your content
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.
You can delete your content from this service
You can ask the service to remove your content at any time, and it's deleted within a reasonable time.
This service claims User-generated content is encrypted, and they can not decrypt it
The service claims that user-generated content is end-to-end encrypted, meaning only intended recipients can access or decrypt it. As a result, no unauthorized parties, including the service itself, can view the content.
This does not necessarily cover meta data, such as the date of creation or sender and recipient information.
You aren’t forced into binding arbitration in case of disputes (E.U. users only)
Binding Arbitration is a dispute resolution method involving a neutral third party which will render a decision instead of going to court. Since the arbitrator can decide the outgoing of a dispute without evidences or a legal basis, it is preferable that users decide whether they want or not their dispute to be resolved this way.
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.
Promises will be kept after a merger or acquisition
If the service gets acquired or needs to transfer personal data after a merger, bankruptcy, reorganisation or sale of the services, the data will still be processed in a manner that honours the promises made in the agreements.
Your data is processed and stored in a country that is friendlier to user privacy protection
The Terms are governed by the applicable laws of a jurisdiction known for strong data regulations and 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.
Information is provided about how your personal data is collected
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.
When the service wants to make a material change to its terms, you 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.
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 will only respond to government requests that are reasonable
The Agreement explains they will disclose personal data about you if it is reasonably necessary to comply with applicable law and government requests.
The service is released as open-source
The code of the service’s software is licensed under either an open-source or a free software license, so the users can have access to the source code and inspect it for themselves.
Information is provided about what kind of personal information is collected
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
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.
Your personal data is not sold
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”.
Third parties used by the service are bound by confidentiality obligations
The Third Parties accessing your personal information must keep it confidential and only use it for limited purposes.
The service claims to be GDPR compliant for European users
The service has a different behavior towards users protected by the GDPR.
This service provides a list of third parties involved in its operation
The service provides a list detailing the third parties involved, their roles, and may even provide more information.
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.
Copyright license limited for the purposes of that same service but transferable and sublicenseable
You can opt out of promotional communications
You can update your account preferences and/or easily unsubscribe of email/sms lists to stop receiving promotional communications.
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.
You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service
The service suspends your account after inactivity for a certain or uncertain time
Harming minors in any ways is prohibited
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”.
You are allowed to quote their content with attribution
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.
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.
Conditions may change, but your continued acceptance is not inferred from an earlier acceptance
When you're not logged in to a service, but use it repeatedly, it may still feel weird that their terms and conditions can change between one use and the next. However, this does not violate the rule-of-thumb that each new version should be accepted from scratch, without inferring your acceptance from the acceptance of an earlier version. Since no acceptance is inferred from continued use, but only from current use, we rate this as neutral instead of bad.
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.
The service can stop being provided 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
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.
You must create an account to use this service
You must provide the service with your information in order to use it
You agree not to submit libelous, harassing or threatening content
This service prohibits users from submitting content of a variety of types. This can include content that is unlawful, harassing, abusive, threatening, libelous, sexist, racist, homophobic, transphobic, or discriminatory in any other way.
Spidering, crawling, or accessing the site through any automated means is not allowed
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.
You are prohibited from attempting to gain unauthorized access to other computer systems
The service does not allow any attempts at hacking or otherwise gaining unauthorized access to other users' computers.
Your account can be suspended for several reasons
This service is only available to users over 18 years old
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.
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.
This service informs you that its Privacy Policy does not apply to third-party services
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 agree not to use the service for illegal purposes
The user agrees not to commit any unlawful acts through the use of the website, including the posting of illegal content or messaging.
You must report to the service any unauthorized use of your account or any breach of security
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
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 Wire Swiss GmbH
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.
Your personal data is aggregated into statistics
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.
First-party cookies are used
First-party cookies only belong to the domain of the service and not a third party.
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.
You agree to comply with the law of the service's country
By using the service, you agree to comply with the applicable laws of the service's jurisdiction, regardless of your location.
Minors must have the authorization of their legal guardians to use the service
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.
The court of law governing the terms is either in Switzerland (non-U.S. users) or the State of Delaware, U.S.A. (U.S. users)
The Terms are governed by the applicable laws of a jurisdiction (specified in the title of each point by replacing the "X").
Your IP address is collected, which can be used to view your approximate location
Third parties are involved in operating the service