Posted on / by nommad / in In Media

“I read and agree”: everything you’ve ever accepted without knowing

How many times did you say you agreed to the ‘ terms of use ‘ of a site or application, even without having read that huge contract? After all, without accepting, it would be useless to download the service, since it would not be possible to use it without accepting all the terms. You should know that this can be extremely dangerous, especially for your privacy.

Recently, the creator of Facebook, Mark Zuckerberg, has testified to the American senators about the leaking of information from the users registered on the platform. In more than 5 hours of testimony, he needed to explain how the social network reacted to the data leakage of 87 million of users by the political consultancy Cambridge Analytica.

The scandal has caused changes in the social network, which promised to maintain a more direct relationship with the user in the advertising aspect. They have declared that they will change their policy of accessing users ‘ information, and they’ll ask for explicit consent from the Internet. This covers targeted advertisements, which can be published in their profiles, the storage of information considered sensitive in the network database, and the use of facial recognition technology.

“Whatever is in terms of use can happen, whether in accordance with what the user believes or not, and this can be harmful in many ways. They can, for example, monitor you, use your data and even follow your location, “explains Marcelo Montone, CEO of Nommad.ID digital agency.

For your safety, always read the terms of use

We already know that reading the terms of use is fundamental, since it affects the legal rights of users. But in addition, it is important to be aware of the security of your information and how your privacy is at risk with contractual clauses. This Facebook scandal, social networking that brings together more than two billion people in the world, was more a fact that reaffirms the need for users to know the risks and possibilities of sharing information in their browsing.

“The user can only make the decision to click responsibly if he/she reads the terms of use. Who buys a house without reading, analyzing and agreeing to your contract? The speed and agility of today’s world may not be justification for the click that agrees with the terms. It is a matter of legal responsibility and not a technological bureaucracy, “alert Vinícius Tex, network and technology analyst and founder of the Brazilian Institute of Blockchain and virtual currencies.

For you to have an idea, some companies have already made pranks related to contractual clauses. In 2005, a software user of the company PC Pitstop Resolve to read the terms of use and discovered, hidden among the countless paragraphs, a prize of $1,000. He just needed to get in touch with the company to get the money. But it took five months and 3000 records for someone to find the joke.

In 2010, the GameStation Game store hid a clause where the user ‘ sold ‘ his soul to the company. Every 7000 people registered, only a thousand identified the catch. Already in 2012, in California, Apple was sued by the parents of dozens of children who were doing unauthorized purchases in addictive games like ‘ Angry birds ‘ and ‘ Smurf’s Village ‘. The company defended itself from the prosecution saying that the parents accepted the terms of use in the application installation.

‘ Terms of use ‘ are nothing more than contracts

Legally, the terms of use are considered contracts and their content passes to rule the relationship between the user and the site or application. Most of the time, it is this document that regulates consumer relations, which, as a rule, guarantees the consumer greater judicial protection.

So there is the possibility of discussing your clauses in eventual lawsuit. On account of this, it is of utmost importance to read the terms of use and policies of Ndade. By declaring science about its contents, the user accepts the entire set of standards for the site or application.

“It is up to the service to present to the user all the necessary clarifications and rules for the full use of their platform, preventing or minimizing the risks of lawsuits, in addition to avoiding wear and tear between the parties,” says Edgard Lata, lawyer Specialized in business law.


Internet Civil Landmark: measure to protect the user?

It was not long ago that the Civil framework of the Internet (law 12.965/14) was widely discussed by the executive and legislature of the country, as a way to regulate the laws of the virtual world. The Marco clarifies the rights and guarantees of the user, such as access to clear and complete information on the use of personal data, which can only be disclosed with express authorization from the client.

When we talk about a website or a social network, for example, we need to consider the capacity of millions of people enjoying the service at the same time. “Therefore, it is necessary to have this regulation. When the user reads the contract, he takes notice of what is allowed or not. Because of this, it becomes able to decide whether to accept what the site proposes and has the freedom to not be surprised with possible consequences of an attitude that could infringe the terms, “scores Maira Hess, expert in digital marketing and Civil landmark of Internet and founding partner of Marketing Buzz Station.

The big drawback is that the most popular applications in Brazil were formulated with the legislation of foreign countries. “which implies in terms of use that do not match the Brazilian Constitution or are unconstitutional. Therefore, it is important to read the terms, be attentive and in case of need, doubts and possible conflicts, seek help from an expert and even a lawyer, “complements Maira.

‘ But I swear I didn’t know! ‘

Have you ever heard that it is possible to get rid of a problem by claiming that you did not know the rules previously? Well, you should know that, legally, that’s not possible. Art. 3 º of the law of introduction to the norms of Brazilian law brings the prohibition of breach of the law on the basis of their ignorance.

“In a comparative way, it can be stated that on the Internet, when the user accepts the terms of use without reading, he is at risk of infringing something by not knowing, providing unwanted information and, as a consequence, suffering damage that can directly affect His personal and professional life, “emphasizes Maira.

“Accepting the terms without having read it is ‘ You sell your soul ‘. Aside from the prank, the truth is that you are signing a blank cheque, which allows you to use your data in ways you have no idea. It is important to know what the term of use of that technology has chosen and if its information will be protected, “concludes Cristina Sleiman, a lawyer who specializes in digital law.

Photos: Fotolia

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