I estimate that about 1% of Internet users bother to read Terms of Service, and only 0.01% of Internet users bother to read Click Agreements. Of course the reason that no one reads Terms of Service or Click Agreements is that Internet users realize they cannot negotiate, so it’s really “take it or leave it.” Regardless courts around the world enforce Terms of Service and Click Agreement since they do form binding contracts.
It should come as no surprise that the new Apple iOS monitors user location data. Since I am part of the 0.01% that does read Click Agreements I thought it might be helpful to share with you the Apple Click Agreement (version 7.0.6 iOS) provisions regarding user location data:
By using any location-based services on your iOS Device, you agree and consent to Apple’s and its partners’, licensees’ and third party developers’ transmission, collection, maintenance, processing and use of your location data and queries to provide and improve such products and services.
You can turn off the location data feature, but then most of the apps don’t work as expected or help you.
See how easy it is give away the privacy of our location data?
This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.