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...)
The court of law governing the terms is in a jurisdiction that is less friendly to user privacy protection (Australia)
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.
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 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 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.
Inconvenient process for obtaining personal data
This applies to cases where obtaining personal data requires sending a written letter by mail or is otherwise more complicated and time consuming than necessary.
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.
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.
You are entitled to a refund if certain thresholds or standards are not met by the service
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.
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 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.
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”.
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.
Information is provided about security practices
It's important to know what security measures are taken to protect your data from unauthorized access. This case applies to the Agreements that precisely explain their security practices.
A free help desk is provided
The service can be easily contacted for questions or provides a support center at no extra cost.
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.
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.
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.
You agree to indemnify and hold the service harmless in case of a claim related to your use of the service
You are responsible for your use of the service. If a claim arises related to that use, you agree to indemnify and hold the service harmless.
If users are also required to defend the service, see Case 146 instead.
The service provider makes no warranty regarding uninterrupted, timely, secure or error-free service
The service provider expressly does not claim to provide uninterrupted, timely, secure or error-free 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.
The service is provided 'as is' and to be used at your sole risk
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 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.
Your account can be suspended for several reasons
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.
First-party cookies are used
First-party cookies only belong to the domain of the service and not a third party.
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 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 does not guarantee that it or the products obtained through it meet your expectations or requirements
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.
Third parties are involved in operating the service
The court of law governing the terms is in Victoria, Australia
The Terms are governed by the applicable laws of a jurisdiction (specified in the title of each point by replacing the "X").