Google Wallet - Net303 policy primer
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Google Wallet - Net303 policy primer

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What are you really agreeing to when you accept an online TOS? When is the last time you read a TOS and considered if any of those clauses could cause you harm? Despite an online company's best ...

What are you really agreeing to when you accept an online TOS? When is the last time you read a TOS and considered if any of those clauses could cause you harm? Despite an online company's best efforts to cause no harm to their users, the all-in nature of generic legal agreements may leave individuals at unforeseen risk.

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  • Full Name Full Name Comment goes here.
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  • Hi Rosie
    Thanks for an easy to understand and interesting presentation on Google Wallet. And thank you for the comments on my Bandcamp presentation.
    Having never heard of Google wallet before, your presentation leaves me rather concerned of the implications of sites like Google wanting to gather such personal financial information on people. As you point out Google Wallet is meant to be a payment gateway only, not a financial institution, so they do appear to be overstepping the mark when it comes to invading people’s privacy.

    When purchasing on the internet people are already concerned about their privacy and where their information is going (Brown and Muchira 2004 p64) and with Google wanting to run credit checks on you those concerns will be raised. Many may choose to find another way to purchase their book, due to the idea that businesses like Google shouldn’t have access to such private financial information. (Prabhaker 2000 cited in Brown and Muchira 2004 p64).

    Thinking of Goettke & Christiana’s (2007 p3) five tiers, it would be usual to expect purchases to be made on sites with a level 4 or five offering substantial protection of users personal information, even when users aren’t aware. Google however has been more of a level three site (Goettke & Christiana 2007 p3) where privacy is provided, however it is up to the user to implement the necessary settings. However with Google recently acknowledging that it reads users emails without permission (Rushe 2013) it might find that users are becoming increasingly concerned about unauthorized and unnecessary gathering of private personal information, even when they are using the maximum protection provided.

    One area you pointed out that seems common to many sites being presented is that of any legal action needing to be undertaken according to US legislation and jurisdiction even for Australian cases. I found this to be also true of Bandcamp.


    References
    Brown, M. and Muchira, R. (2004). Investigating the Relationship between Internet Privacy Concern and Online Purchase Behavior. Journal of Electronic Commerce Research,, (591), pp. 62-70.. Retrieved from: http://www.csulb.edu/web/journals/jecr/issues/20041/Paper6.pdf
    Rushe, D. (2013). Google: don't expect privacy when sending to Gmail. UK Guardian, [online] Thursday 15 August. Retrieved from: http://www.theguardian.com/technology/2013/aug/14/google-gmail-users-privacy-email-lawsuit [Accessed: 29 Oct 2013].
    Goettke, R., & Christiana, J. (2007).. Privacy and Online Social Networking Websites. Computer Science 199r: Special Topics in Computer Science Computation and Society: Privacy and Technology., pp. 1-12. Retrieved from: http://www.eecs.harvard.edu/cs199r/fp/RichJoe.pdf
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Google Wallet - Net303 policy primer Google Wallet - Net303 policy primer Presentation Transcript

  • NET303 Policy Primer Terms of Service – Buyer (Australia) Rosie Cornell Image retrieved from www.androidguys.com
  • Google’s Terms of Service  When is the last time you signed up for an online service …. and you actually read the Terms of Service (TOS) … in full?
  • To buy a book using Google Books – you must sign up for a Google Wallet account … which also has a TOS that must be accepted to validate your account.
  • When you buy a book from a book shop … you buy the book – you don’t start a long-term relationship with the bookseller …
  • With Google Books it’s different, you are entering a legal contract when you accept the TOS (and the Google Wallet TOS that is also required)
  • If you want the book (because it’s easier to read on your various android devices) then you have to agree to the TOS … sign or go away
  • so you sign … and you probably didn’t read the TOS at all
  • The problem is: it’s a contract – legally binding – and you had no say in any of the terms and conditions.
  • There were no negotiations, it’s all about Google’s rights.
  • Here are a few problems with the Google Wallet TOS
  • You authorise Google Wallet to obtain a credit report or to otherwise make any credit or background inquiries as appropriate (Google Wallet, 2013a, section 5.2.12g)
  • Google Wallet is not a financial institution (Google Wallet, 2013b, section 15) why should they be allowed to check your credit background?
  • Google Wallet does not provide credit to you, it is a payment gateway
  • If your card is no good – the payment is rejected. You don’t let any other retailer do a credit check when you use your credit/debit card to pay for your purchases.
  • Does this give Google Wallet the right to place a call on your credit file? Can Google Wallet destroy your credit rating … despite you posing no financial risk to them whatsoever?
  • Each time there is an enquiry on your credit file it leaves a record – too many enquiries and a lender will see you as a high risk borrower (Home loan experts, n.d.).
  • This could impact your opportunity to buy a new house or car … or stop you from changing your ISP or telephone carrier!
  •  Then there’s Google Wallet’s reference to The Trades Practices Act 1974 In 2011, the TPA was replaced with The Competition and Consumer Act 2010 (Henderson, 2011).
  • If Google didn’t get that right about current Australian law … what other flaws are there in the TOS?
  • Despite mentioning Australian laws in the Australia-specific TOS – any legal case would be heard in California (Google Wallet, 2013b, section 23).
  • Could any other clauses create a real problem for you?
  •  Remember that Indemnification Clause? (Google Wallet, 2013b, section 20)
  • You gave Google a legal pass on any and all legal matters arising out of your use of Google Wallet
  • So if a legal issue arises, and you want to take court action to resolve it -
  • You agreed to pay all legal costs; they’ll be hiring the best lawyers and you will get to pay for the privilege (Google Wallet, 2013b, Section 13).
  • Failing to read a contract before signing is not a justifiable reason to avoid the contract. (Lambiris, 2012, p 46)
  • A TOS is a legal contract, maybe you really should read all of it before signing?
  • Going to court is stressful, time-consuming and very expensive – and that’s just in Australia – how much tougher is an international law suit?
  • References Android Guys. (n.d.). Google Wallet [Image]. Retrieved from http://www.andoidguys.com Google Wallet. (2013a) Product Disclosure Statement. Retrieved from https://wallet.google.com/customer/tos/viewdocument.html?family=0.buyertos& gl=AU#SafeHtmlFilter_Buyers_TOS Google Wallet. (2013b) Terms of Service - Buyer (Australia). Retrieved from https://wallet.google.com/customer/tos/viewdocument.html?family=0.buyertos& gl=AU#SafeHtmlFilter_Buyers_TOS
  • Henderson, C. (2011) Farewell Trade Practices Act. Welcome Competition and Consumer Act - Consumer Protection - Australia. Retrieved from http://www.mondaq.com/australia/x/121506/Consumer+Trading+Unfair+T rading/Farewell+Trade+Practices+Act+Welcome+Competition+and+Consu mer+Act Home loan experts (n.d.) Credit Enquiries: How Many Is Too Many? Retrieved from http://www.homeloanexperts.com.au/credit-score-homeloan/credit-enquiries/ Lambiris, M. (2012). First Principles of Business Law. Sydney: CCH.