Are You Including Everything You Need in Your Legal Considerations?
The terms and privacy sections of webpages and apps are usually lengthy and overlooked. But if you stop and read what is included in these sections, you might be surprised and/or shocked about some of the clauses. I know I was.
These are my key takeaways from reading the following legal considerations:
For content creation, Samsung is extremely thorough in ensuring that the content is original and abide by all their specific terms. One term that I thought was interesting and subjective was that the content cannot be “in poor taste or is otherwise objectionable”. There is no further breakdown of what “poor taste” means, which may confuse users. All the other requirement terms appear to be more objective and straightforward.
They also provide no guarantees in terms of content distribution, and that they “have the right, but not the obligation, to monitor submissions of Content, and [Samsung] may remove Content for any reason whatsoever without notice to You”. Not surprisingly, this gives Samsung the free reign to upload or remove your content at any time. Definitely something I would also include within my senior project legal considerations.
Another thing I found interesting was that as part of user’s continuing obligations to Samsung, “should there be any request for Maintenance from a user or Samsung, [users] shall perform any Maintenance necessary by no later than two (2) business days from the receipt of the request”. This is a rather short time window for a response for anyone that is out-of-town or unavailable to provide maintenance. I would have liked to see more detailed descriptions about what happens to the content in the event the user is not able to meet the 2-day deadline. Will it be removed? Does this impact the user’s account status?
The collection of personal information has always been a tricky area and most organizations struggle to find the perfect balance. In the case of Vrse, their terms for the personal information collection on mobile application comes across as quite aggressive/intrusive. Here is an excerpt:
“Our mobile application may collect certain additional information automatically, including, but not limited to, the type of mobile device you use, your mobile device's unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the application. We may also use GPS technology (or other similar technology) to determine your current location.”
While there is the option to turn off location services, the rest of the tracking appears to be mandatory. I would definitely be more cautious in terms of the extent of personal information I would track for my senior project. The more personal information the user knows is being tracked, the more concerned they are with their privacy.
One section that I thought was extremely well written was “How We Use Information and When We May Share and Disclose Information Generally”. It categories all the different scenarios (e.g. surveys, contests, questions, service improvement, order fulfillment) in which the information may be used and provides detailed descriptions for each. This is a great format to reference and is easy for users to follow.
An area that surprised me was in the “Advertising” section, where advertising companies “may place or recognize a unique cookie on your computer or use other technologies such as Web beacons”, and that Vrse’s “Privacy Policy does not cover any use of information that Advertisers may collect from you or that you choose to provide to them”. I didn’t realize web ads had the capabilities to do that! Although this isn’t specifically relevant to my senior project, this is something I would be cautious about including in my legal considerations.
Besides the few surprise sections within these legal considerations, MilkVR and Vrse were extremely thorough in covering all the necessary areas. I would definitely refer back to these when writing for my senior project.