You may not want to read those terms of service,
but you really should.
Do you read an app’s terms of service agreement before you click to accept or agree? If you don’t, you’re not alone. Research has shown that very few people actually take the time to read what an app or website is asking them to agree to — even when, in the case of one study, participants unknowingly agreed to give the company at hand their future first-born children. The lengthy documents aren’t often designed to be understood, other researchers have concluded.
Red flag No. 1: Complexity
Apps with complex policies that bury exactly what a person is agreeing to (such as sharing their data with third parties) is disingenuous on the part of the company, and should be avoided, Henein said.
“If the language is complex, and you read the first paragraph and it makes no sense to the average person, that tells me that the company really hasn’t considered people into the equation,” Henein said. “You need to be on your guard.”
Red flag No. 2: Implicit agreement
Policies that want an implicit agreement or implicit consent should raise a red flag. This means that you don’t actually “give” your consent, but your consent is implied by a certain action or situation. Henein says this would look like a terms of service agreement that says “by browsing this webpage you agree to A, B and C.” This type of language isn’t enforceable and shouldn’t be enforceable, he said.
Red flag No. 3: Data collection and monetization
What a policy agreement says about data collection is another important factor to consider before hitting download, according to Engin Kirda, a professor at Khoury College of Computer Sciences at Northeastern University. Going hand in hand with this is how the app makes money, Kirda said — particularly if it’s free to download.
Monetizing an app with ads can mean it’s providing a better service, but it can also mean that it’s profiting from selling your data. But there’s a difference between collecting some necessary information to help the app be useful versus collecting lots of information that is sold to third-party advertisers, or could potentially be stolen.
Other app warning signs
While it’s important to know what’s in a policy agreement, there are other red flags you can spot without reading the document, Kirda said. Another major red flag is what permissions an app asks for. For example, a calculator app doesn’t need access to your microphone or location. Also, pay attention to whether you can use the app after denying any permissions, he added. Asking for unnecessary permissions can signal nefarious activity like an app having access to your call logs or gathering data from your Wi-Fi connections, for example.
Michiel de Jong, one of the volunteers at Terms of Service; Didn’t Read — a grassroots project where anybody can help collaboratively review the terms and policies of any website — said it’s important to see that a policy won’t be allowed to change at random.
“A lot of services will reserve the right to change the policy the day after you sign up and never comply with the version you read when you signed up,” de Jong said.
In addition, de Jong said to be on the lookout for sites that make you sign a class action waiver, which means they can sue you, but you can’t sue them.
What you can do
To help you grapple with the legal jargon of service agreements and privacy policies, Henein suggested downloading the Terms of Service; Didn’t Read browser extension, which digests the documents that might be asking for your compliance and turn them into something quick and readable. ToS;DR sorts privacy policies and website terms into different classes, with Class A being very good and Class E being the worst. In addition to the class score, contributors can rate sections of the terms as Good, Bad, Blocker or Neutral.
For example, Google is rated Class C by the site for having the ability to read a user’s private messages, track a user on other websites, and more. Stack Overflow was rated Class E for its third-party tracking practices, requiring a class action waiver and more.
“Privacy policies should be written by a layperson and reviewed by a lawyer, not the other way around,” Henein said. “The expectation now is that privacy policies should get as much focus in their drafting and design as the rest of the site. They’re not something that’s a necessary evil — it’s part of the overall site, because it’s meant to be the commitment you’re making to individuals regarding how you’re going to handle their personal information.”
In addition to ToS;DR, de Jong suggested DuckDuckGo’s Privacy Essentials browser extension. The service combines data from ToS;DR with data from several other sources about encryption, trackers and more. LegiCrowd is another project demystifying terms of service that the ToS;DR team is collaborating with, but de Jong said it’s aimed more toward researchers.
Tosback.org is a site that keeps change logs of legal policies, sometimes going back years, according to de Jong. The project was started by the Electronic Frontier Foundation, but is now part of ToS;DR.