Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

I would like assistance with the 3rd, 4th, 5th, 6th questions of this clickwrap text. Find a clickwrap contract you have entered into, as defined

I would like assistance with the 3rd, 4th, 5th, 6th questions of this clickwrap text.

Find a "clickwrap" contract you have entered into, as defined in the course text. Make a copy, read it carefully, and attach it to your submitted assignment. Next, answer these questions:

What "clickwrap" contract have you found? Attach it. (5 marks)

Who are the parties to the contract? If there is a clause defining this quote it in your answer. (5 marks)

What could you do if you have a complaint related to the contract or the product or if a dispute arises between you and the other party related to the contract? Does the contract mention legal proceedings? If there are clauses concerning these matters, quote them in your answer. (10 marks)

In your opinion, is the contract written in plain English, or does it use legal language that is difficult to understand ("legalese")? Explain your view, and give an example of clause that supports your answer. (20 marks)

Find a clause in the contract that you think is ambiguous (can be read with two different meanings) or is unclear in its meaning in relation to your rights and responsibilities. Quote it, and explain why you have chosen it. (30 marks)

What legal principle of contractual interpretation as described in the course text is specifically intended to be used for these types of standard form contract? Explain the principle and describe how you would you use it to resolve the ambiguity or uncertainty identified in question 5. Explain your answer, and provide the interpretation you believe should be used. (30 marks)

Text to be used as reference is:

We and our partners store or access information on devices, such as cookies and process personal data, such as unique identifiers and standard information sent by a device for the purposes described below. You may click to consent to our and our partners' processing for such purposes. Alternatively, you may click to refuse to consent, or access more detailed information and change your preferences before consenting. Your preferences will apply to this website only. Please note that some processing of your personal data may not require your consent, but you have a right to object to such processing. You can change your preferences at any time by returning to this site or visit our privacy policy.

Vendors can: Collect and process precise geolocation data in support of one or more purposes. N.B. Precise geolocation means that there are no restrictions on the precision of a user's location; this can be accurate to within several meters.

Vendors can: identifier using data collected via actively scanning a device for specific characteristics, e.g. installed fonts or screen resolution. Use such an identifier to re-identify a device.

  • Ads and content can be personalised based on a profile. More data can be added to better personalise ads and content. Ad and content performance can be measured. Insights about audiences who saw the ads and content can be derived. Data can be used to build or improve user experience, systems and software.

To do basic ad selection vendors can: Use real-time information about the context in which the ad will be shown, to show the ad, including information about the content and the device, such as: device and capabilities, utilize a personalised ads profile. N.B. Non-precise means only an approximate location invo user agent, URL, IP address. Use a user's non-precise geolocation data. Control the frequency of ads shown to a user. Sequence the order in which ads are shown to a user. Prevent an ad from serving in an unsuitable editorial (brand-unsafe) context Vendors cannot:utilize a personalised ads profile using this information for the selection of future ads without a separate legal basis tolving at least a radius of 500 meters is permitted

To utilize a personalised ads profile vendors can: Collect information about a user, including a user's activity, interests, demographic information, or location, to create or edit a user profile for use in personalised advertising. Combine this information with other information previously collected, including from across websites and apps, to create or edit a user profile for use in personalised advertising.

To select personalised ads vendors can: Select personalised ads based on a user profile or other historical user data, including a user's prior activity, interests, visits to sites or apps, location, or demographic information.

To utilize a personalised content profile vendors can: Collect information about a user, including a user's activity, interests, visits to sites or apps, demographic information, or location, to create or edit a user profile for personalising content. Combine this information with other information previously collected, including from across websites and apps, to create or edit a user profile for use in personalising content.

To select personalised content vendors can: Select personalised content based on a user profile or other historical user data, including a user's prior activity, interests, visits to sites or apps, location, or demographic information.

To measure ad performance vendors can: Measure whether and how ads were delivered to and interacted with by a user. Provide reporting about ads including their effectiveness and performance. Provide reporting about users who interacted with ads using data observed during the course of the user's interaction with that ad. Provide reporting to publishers about the ads displayed on their property. Measure whether an ad is serving in a suitable editorial environment (brand-safe) context. Determine the percentage of the ad that had the opportunity to be seen and the duration of that opportunity. Combine this information with other information previously collected, including from across websites and apps Vendors cannot:Apply panel- or similarly-derived audience insights data to ad measurement data without a Legal Basis to apply market research to generate audience insights (Purpose 9)

To measure content performance vendors can: Measure and report on how content was delivered to and interacted with by users. Provide reporting, using directly measurable or known information, about users who interacted with the content. Combine this information with other information previously collected, including from across websites and apps. Vendors cannot: Measure whether and how ads (including native ads) were delivered to and interacted with by a user. Apply panel- or similarly derived audience insights data to ad measurement data without a Legal Basis to apply market research to generate audience insights (Purpose 9)

To apply market research to generate audience insights vendors can: Provide aggregate reporting to advertisers or their representatives about the audiences reached by their ads, through panel-based and similarly derived insights. Provide aggregate reporting to publishers about the audiences that were served or interacted with content and/or ads on their property by applying panel-based and similarly derived insights. Associate offline data with an online user for the purposes of market research to generate audience insights if vendors have declared to match and combine offline data sources (Feature 1). Combine this information with other information previously collected including from across websites and apps. Vendors cannot: Measure the performance and effectiveness of ads that a specific user was served or interacted with, without a Legal Basis to measure ad performance. Measure which content a specific user was served and how they interacted with it, without a Legal Basis to measure content performance.

To develop new products and improve products vendors can: Use information to improve their existing products with new features and to develop new products. Create new models and algorithms through machine learning Vendors cannot: Conduct any other data processing operation allowed under a different purpose under this purpose

Vendors can: Store and access information on the device such as cookies and device identifiers presented to a user.

  • To ensure security, prevent fraud and debug vendors can: Ensure data are securely transmitted. Detect and prevent malicious, fraudulent, invalid, or illegal activity. Ensure correct and efficient operation of systems and processes, including to monitor and enhance the performance of systems and processes engaged in permitted purposes Vendors cannot: Conduct any other data processing operation allowed under a different purpose under this purpose. Note: Data collected and used to ensure security, prevent fraud, and debug may include automatically-sent device characteristics for identification, precise geolocation data, and data obtained by actively scanning device characteristics for identification without separate disclosure and/or opt-in.
  • Technically deliver ads or content
  • Your device can receive and send information that allows you to see and interact with ads and content.
  • To deliver information and respond to technical requests vendors can: Use a user's IP address to deliver an ad over the internet. Respond to a user's interaction with an ad by sending the user to a landing page. Use a user's IP address to deliver content over the internet. Respond to a user's interaction with content by sending the user to a landing page. Use information about the device type plus capabilities for delivering ads or content, for example, to deliver the right size ad creative or video file in a format supported by the device Vendors cannot: Conduct any other data processing operation allowed under a different purpose under this purpose

Match and combine offline data sources

  • Data from offline data sources can be combined with your online activity in support of one or more purposes
  • Vendors can: Combine data obtained offline with data collected online in support of one or more Purposes or Special Purposes.
  • Link different devices
  • Different devices can be determined as belonging to you or your household in support of one or more of purposes.

Vendors can: Deterministically determine that two or more devices belong to the same user or household. Probabilistically determine that two or more devices belong to the same user or household. Actively scan device characteristics for identification for probabilistic identification if users have allowed vendors to actively scan device characteristics for identification (Special Feature 2)

Receive and use automatically-sent device characteristics for identification

Your device might be distinguished from other devices based on information it automatically sends, such as IP address or browser type.

Vendors can: utilize a identifier using data collected automatically from a device for specific characteristics, e.g. IP address, user-agent string. Use such an identifier to attempt to re-identify a device. Vendors cannot: utilize a identifier using data collected via actively scanning a device for specific characteristics, e.g. installed font or screen resolution without users' separate opt-in to actively scanning device characteristics for identification. Use such an identifier to re-identify a device.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Entrepreneurship

Authors: Andrew Zacharakis, William D Bygrave

5th Edition

1119563097, 9781119563099

Students also viewed these Law questions