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It would be interesting to read their privacy policy, and then note if it has something like: "We reserve the right to change the terms of this agreement at an

by kop316 8y ago

It would be interesting to read their privacy policy, and then note if it has something like: "We reserve the right to change the terms of this agreement at any time and only have to provide you notice." That way, before the product is big, they can make those claims, but as soon as it has an entrenched niche, they can do the privacy bait and switch and collect all they want.

quux 8y ago
Looks like they can do exactly that: By using this Site or Application, you consent to the use of information that you provide to us in accordance with this Privacy Policy. We do update this Privacy Policy from time to time so please review this Privacy Policy regularly. If we materially alter our Privacy Policy, we will notify you of such changes by contacting you through your user account or by posting a notice on our Site or in the Application. Your continued use of the Site or Application will be deemed your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should stop using the Site or Application, and you should notify us that you do not want your information used in accordance with the changes. https://www.kinsahealth.com/privacy https://www.kinsahealth.com/privacy
- kop316 8y ago
  "If you do not agree with the changes, then you should stop using the Site or Application, and you should notify us that you do not want your information used in accordance with the changes." I interpret that to mean "If you don't like what we are doing now, your device is a brick, too bad." I wonder if there is a legal way to fight back at that.
mancerayder 8y ago
How is it enforceable to have a contract that says in it, "this contract can completely change." Well, if the damn contract changes, don't you need a new contract? If a landlord and a tenant together sign a contract about leasing a residential space, in almost any Common Law jurisdiction at least, and a landlord puts something to the effect of, "the rental price can change at any time and without notice for the duration of this Agreement," well it's an unenforceable clause. A judge would come down hard on the landlord for this, even if the tenant were being sued for an unrelated reason, because it violates the law. Now, why can't such laws be passed to squeeze TOCs to the same effect? Get out of here with, "The Terms of this Agreement can change at any time." Such a set of Terms is completely absurd.
- kop316 8y ago
  On a theoretical level, I agree with you, it is completely absurd. But look at the other reply, their terms of service say just that. Even more so, that has been done many of other times. Take Apple https://www.apple.com/legal/privacy/en-ww/ https://www.apple.com/legal/privacy/en-ww/ "Apple may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy." > Now, why can't such laws be passed to squeeze TOCs to the same effect? I implied it in another comment, but I would love to see a law that "freezes" a term of agreement and makes it impossible for one side to say "agree or be locked out".

by kop316 8y ago

quux 8y ago

Looks like they can do exactly that: By using this Site or Application, you consent to the use of information that you provide to us in accordance with this Privacy Policy. We do update this Privacy Policy from time to time so please review this Privacy Policy regularly. If we materially alter our Privacy Policy, we will notify you of such changes by contacting you through your user account or by posting a notice on our Site or in the Application. Your continued use of the Site or Application will be deemed your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should stop using the Site or Application, and you should notify us that you do not want your information used in accordance with the changes. https://www.kinsahealth.com/privacy https://www.kinsahealth.com/privacy

kop316 8y ago
"If you do not agree with the changes, then you should stop using the Site or Application, and you should notify us that you do not want your information used in accordance with the changes." I interpret that to mean "If you don't like what we are doing now, your device is a brick, too bad." I wonder if there is a legal way to fight back at that.

mancerayder 8y ago

How is it enforceable to have a contract that says in it, "this contract can completely change." Well, if the damn contract changes, don't you need a new contract? If a landlord and a tenant together sign a contract about leasing a residential space, in almost any Common Law jurisdiction at least, and a landlord puts something to the effect of, "the rental price can change at any time and without notice for the duration of this Agreement," well it's an unenforceable clause. A judge would come down hard on the landlord for this, even if the tenant were being sued for an unrelated reason, because it violates the law. Now, why can't such laws be passed to squeeze TOCs to the same effect? Get out of here with, "The Terms of this Agreement can change at any time." Such a set of Terms is completely absurd.

kop316 8y ago
On a theoretical level, I agree with you, it is completely absurd. But look at the other reply, their terms of service say just that. Even more so, that has been done many of other times. Take Apple https://www.apple.com/legal/privacy/en-ww/ https://www.apple.com/legal/privacy/en-ww/ "Apple may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy." > Now, why can't such laws be passed to squeeze TOCs to the same effect? I implied it in another comment, but I would love to see a law that "freezes" a term of agreement and makes it impossible for one side to say "agree or be locked out".