Reply To: Spying on Angry Birds Gamers

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tomason
@tomason33

Rovio IS a gateway for other entities to … observe… and although their “official statement” of innocence in this matter is sort-of true, it’s technically a case of legal semantics. Also their no-spying disclaimer is as legally binding as a safety disclaimer in a playground (not very binding). Meanwhile, anyone with 10-20 minutes of spare time, some patience, and a modicum of ability to read and understand legalese can discover that the truth in this matter is rather the opposite. They are a pathway for one of the snoopiest snoopers on the net – Flurry -… and they are a gateway to GOD KNOWS WHO.

Stated in the most recent EULA: (copy/pasted relevant sections)

2 THIRD PARTY SERVICES

Rovio Services may include links to third party services and/or the third party services may be made available to you via Rovio Services. These services may include, but are not limited to gameplay recording and sharing, social medial connectivity and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.

4 INFORMATION COLLECTION AND USE; PRIVACY POLICY

By installing, accessing or using the Rovio Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.

Rovio respects your privacy rights and recognizes the importance of protecting any information collected about you. Rovio’s privacy policy as amended from time to time is available at http://www.rovio.com/privacy (“Privacy Policy”) and applicable to this EULA. Rovio’s Privacy Policy defines how, why and to which extent Rovio collects and uses personal and non-personal information in relation to Rovio’s products and services. By installing, accessing or using the Rovio Services you explicitly agree with the terms and conditions of Rovio’s Privacy Policy and to any terms and conditions included therein by reference.

7 LIMITATION OF LIABILITY

IN NO EVENT WILL ROVIO, ROVIO’S AFFILIATES, ROVIO’S LICENSORS OR CHANNEL PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE ROVIO SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT ROVIO, ROVIO’S LICENSORS OR CHANNEL PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR PURPOSES OF THIS SECTION 7, ROVIO’S LICENSORS AND CHANNEL PARTNERS ARE THIRD PARTY BENEFICIARIES TO THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN AND THEY MAY ENFORCE THIS EULA AGAINST YOU.

BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THIS EULA GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT SHALL ROVIO’S, ROVIO’S AFFILIATES’, ROVIO’S LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE ROVIO SERVICES OR FIVE EUROS (EUR 5), WHICHEVER LESS.

That’s TECHNICALLY how they get around the semantics of data collection..,. a third party proxy

I use their proxy carrier (Flurry) myself and I recommend you read thjeir T&Cs fror yourself. I personally do not care if I am watched, I simply have no possibility of privacy, and if you use a computer in 2014 and forward, NO ONE DOES… Read Flurry’s policy about data mining. It will solve all that curiosity… Here’s a link

http://www.flurry.com/legal-privacy/privacy-policy