Conditions may change, but your continued acceptance is not inferred from an earlier acceptance flow


Service: DuckDuckGo
Status: approved
Changes: 4
Source: link
Author: Vincent (Mr. 404)


If this policy is substantively updated, we will update the text of this page and provide notice to you at https://duckduckgo.com/about by writing '(Updated)' in red next to the link to this page (in the footer) for a period of at least 30 days.
I think this is the correct case: although they mark updates, they do not contact the user. (Which makes sense because they don't have contact details, but still.) Also, the changes take effect immediately.


Comments:
On 2018-08-20 08:40:54 UTC, michielbdejong wrote:

Ouch, that's a tricky one. I guess there's also no consent dialogue then, right? We need to formulate what we would ideally want a service to do in this case. I wouldn't want to group it into the same case as services where you agree once, and then the service (but not you) can make changes the next day. At the same time, even if the user didn't tick a checkbox, it's not reasonable to expect a user to open the hamburger menu and check the privacy policy before typing a search query. Of course, a user can trust that updates will be small, but that it would be nicer if there were some legally binding guarantee. Will discuss further.

On 2018-08-20 08:48:45 UTC, michielbdejong wrote:

I think also the legal status of a privacy policy is different than that of terms of service, maybe? To what extent is a service legally bound to actually live up to the policy they have published at a given time in the past?

On 2018-08-21 09:40:08 UTC, michielbdejong wrote:

As discussed, they didn't notify you of their privacy policy when you used their service the first time, other than having it linked in the hamburger menu. The first time you use the service after a policy change, they also don't promise to notify you outside that hamburger menu, but that does not mean that the notification after change would be less than the notification on first use.

That makes this case different than for services where you first accept some conditions of use (either through a text banner which later disappears automatically, or through a dialog you explicitly have to click on to make it disappear), and later when those conditions change, that flow would not be repeated to the same extent as on first use, but continued acceptance of the new conditions would be assumed, still partially based on your acceptance of the previous conditions, on your first use.

On 2018-08-21 09:49:12 UTC, michielbdejong wrote:

Vincent, if you agree, can you assign https://edit.tosdr.org/cases/277 to this quote?

On 2018-08-21 10:27:08 UTC, Vincent (Mr. 404) wrote:

Done :)

On 2018-08-29 09:08:02 UTC, michielbdejong wrote:

approved: Great, thanks!



We track editorial changes to analyses and updates to a point's status and display the previous versions here as part of an effort to promote transparency regarding our curation process.

Version 1: 09/08/18 - 10:14 by Vincent (Mr. 404)

Previous Title:

Updated Title: Terms may be changed any time at their discretion, without notice to the user

Previous Analysis:

Updated Analysis: Generated through the annotate view

Previous Status:

Updated Status: pending

Version 2: 09/08/18 - 10:15 by Vincent (Mr. 404)

Previous Title: No changes recorded

Updated Title: No changes recorded

Previous Analysis: Generated through the annotate view

Updated Analysis: I think this is the correct case: although they mark updates, they do not contact the user. (Which makes sense because they don't have contact details, but still.) Also, the changes take effect immediately.

Previous Status: No changes recorded

Updated Status: No changes recorded

Version 3: 21/08/18 - 10:26 by Vincent (Mr. 404)

Previous Title: Terms may be changed any time at their discretion, without notice to the user

Updated Title: Conditions may change, but your continued acceptance is not inferred from an earlier acceptance flow

Previous Analysis: No changes recorded

Updated Analysis: No changes recorded

Previous Status: No changes recorded

Updated Status: No changes recorded

Version 4: 29/08/18 - 09:08 by michielbdejong

Previous Title: No changes recorded

Updated Title: No changes recorded

Previous Analysis: No changes recorded

Updated Analysis: No changes recorded

Previous Status: pending

Updated Status: approved