WhatsApp Conditions: This really is on the terms and conditions

The terms and conditions (GTC) of WhatsApp will finally stand with several years' delay in German language available &# 8211; that has the the Berlin Court decided to operate the Consumer Federation. Until now, you had to simply agree to WhatsApp ABGs without knowing what is actually exactly is inside. That's what we want to change with this guide.

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WhatsApp has to provide its Conditions in German. The Berlin Court of Appeal has the Messenger service prohibited with immediate effect, to publish the terms and conditions in English only. The dish came with it after a Klages of the Consumer Federation, who had complained that users often do not have a clear view, what rules they would there really agree. So far, however, the judgment is not final &# 8211; WhatsApp may also have to take a leave to appeal the Federal Court. We take this as an opportunity to show you here is what really stands in the WhatsApp Conditions.

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WhatsApp Terms: So WhatsApp does with your data

WhatsApp is known to have introduced an end-to-end encryption recently to protect the data and calls the user better. This does not mean that WhatsApp does not collect data. Meta-data, e.g. your phone number, WhatsApp name that appears in push notifications or information on your mobile device are stored by WhatsApp &# 8211; and with the terms and conditions you explain expressly agree. Specifically, it is in the terms to:

&# 8220; WhatsApp may obtain (&# 8230;) or from information Concerning you your mobile phone or device, Which may include information fact can be used to identify you.&# 8221;

In German: &# 8220; WhatsApp may collect information about the user or the mobile device, including information that can be used to identify the user.&# 8221; WhatsApp accesses to at certain time intervals to the address book of the user, and it then categorizes the mobile numbers (of WhatsApp users but also numbers that are used outside of WhatsApp). In addition, allows her WhatsApp with the terms and conditions, cookies or log files to save, if you call the WhatsApp website &# 8211; Thus WhatsApp may, for example see what pages you have visited previously and how long were you on these pages.

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WhatsApp: rights to images or text &# 8211; Voice of the Conditions

a while ago made &# 8220; scandal&# 8221; stir because WhatsApp allegedly, images and text that are sent to the Messenger, pass on. That is not completely right &# 8211; However, one should nevertheless even look at the clause in the terms and conditions more accurately. There it says:

HOWEVER, by submitting the status of submissions to WhatsApp, you hereby grant WhatsApp a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the status Submissions in connection with the WhatsApp service and WhatsApp&# 8217; s (and its successor&# 8217; s) business, Including without limitation for promo ting and redistributing part or all of the WhatsApp Service (and derivative works thereof) in any media formats and through any media channels. You therefore hereby grant each subscriber to your status on the WhatsApp Service a non-exclusive license to access your status Submissions through the Service.

In German that is about: Who WhatsApp grants sent on WhatsApp images or text in order to use this content to reuse or distribute to third parties the right.&# 8221; With this transfer of rights WhatsApp ensures the ability to use the content for their own purposes &# 8211; similar to the e.g. is the case with Facebook or Instagram.

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WhatsApp Terms: age limit for users

Very few people are likely to know: WhatsApp has anchored an age restriction in the Terms &# 8211; WhatsApp is therefore accessible only from 16 years. In that regard, the TERMS AND:

You affirm did you are Either morethan 16 years of age, or of emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in synthesis Terms of service, and to abide by and comply with synthesis Terms of service. In any case, you affirm did you are at least 16 years old as the WhatsApp service is not Intended for children under 16. If you are under 16 years of age, you are not permitted to use WhatsApp.

In German: &# 8220; I declare that I have at least 16 years old and the express permission of a parent or responsible adult and be able to meet the conditions and obligations of the contract fully as legally incompetent person. The WhatsApp services are not suitable for children under 16 &# 8211; who is younger, WhatsApp may not use.&# 8221;

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What happens next with the WhatsApp Conditions?

According to the judgment of the Berlin Court of Appeal, the question arises: What next? The court allowed no revision to &# 8211; the only way that would still have WhatsApp to prevent the judgment would be a Nichzulassungsklage before the Federal Court. Interestingly for consumers is the finding of the Court that any clause in the Terms are invalid with immediate effect. Reason: everyday English in this country is quite common, but not jurists or business English. It is therefore not reasonable, &# 8220; a large, complex set of rules with many, many clauses&# 8221; to be exposed in a foreign language. As long as the conditions would not be translated into German, all clauses were not transparent and therefore ineffective&# 8221;

If the judgment becomes final, WhatsApp has to provide in the German version terms of use and privacy policy &# 8211; as soon as we have new Informatiionen so, we will keep you at this point about to date. Lest by then, which Whatsapp risks arise with the use of the Messengers.

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14.11.2017

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