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337 votes

We're examining the implementation of arbitration in the 2018 ToS update

I'm going to repeat and expand upon what I said over on the other post: Arbitration clauses in clickwrap terms-of-service contracts are inherently abusive. An opt-out is not good enough. You should ...
zwol's user avatar
  • 3,616
164 votes

We're examining the implementation of arbitration in the 2018 ToS update

You wrote in the original announcement Arbitration is pretty standard for free online products, [...] While forced arbitration agreements seem to be increasingly popular in the US, I don't think ...
Mad Scientist's user avatar
164 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

I like how easy you've made it to opt out. It speaks well to the level of trust you've placed in your community, and, ironically, makes it less likely to be used. It's those companies that make it ...
fbueckert's user avatar
  • 15.9k
128 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

There were a lot of concerns around the opt-out mechanism and you've responded pretty well to that, IMO. Most of the comments right now are focused on that part of the issue. However, by far the most ...
Pondlife's user avatar
  • 1,167
118 votes

We're examining the implementation of arbitration in the 2018 ToS update

I have no plans to sue SE, but I'm very concerned that the new TOS attempts to apply the arbitration clause to "ALL DISPUTES BETWEEN YOU AND STACK OVERFLOW", no matter who initiated the dispute or who ...
hmakholm left over Monica's user avatar
103 votes

We're examining the implementation of arbitration in the 2018 ToS update

Along with the mandatory arbitration clause, the new Terms of Service would seem to have a mandatory gag order about any and all arbitration cases: You agree that, notwithstanding anything in the ...
dbc's user avatar
  • 4,025
96 votes

Brace yourselves: The GDPR is coming!

Our goals in this update are to ensure we're fully GDPR-compliant, that the rights and protections afforded by the GDPR are extended to all of our users, regardless of location How does this apply to ...
Mithical's user avatar
  • 83.1k
87 votes

We're examining the implementation of arbitration in the 2018 ToS update

I suspect the unilateral carve-out for IP violations in your arbitration clause may violate Jams's Consumer Arbitration Minimum Standards. The Consumer Arbitration Minimum Standards say that The ...
user2357112's user avatar
  • 2,407
80 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

Thank you for reviewing your options and explaining the situation clearly to us. One thing still concerns me and my inner optimist thinks it's not hard to fix. Here's the problem: I trust Stack ...
Monica Cellio's user avatar
80 votes

We're examining the implementation of arbitration in the 2018 ToS update

The arbitration clause won't hold for any visitors from Europe. http://www.privacy-regulation.eu/en/article-77-right-to-lodge-a-complaint-with-a-supervisory-authority-GDPR.htm Without prejudice to ...
Tschallacka's user avatar
  • 3,551
74 votes

We’re adding more user controls for cookie consent

These issues have been partially resolved. Hooray! This is good, in theory. However, I'm rather upset that you've gone with the status quo and decided to use dark patterns. Just take a look at this: ...
wizzwizz4's user avatar
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73 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

I see no mention of Europe at all except GDPR. How will you deal with Europeans? The world doesn't stop at the US border. In my answer We're examining the implementation of arbitration in the ...
Tschallacka's user avatar
  • 3,551
62 votes

We're examining the implementation of arbitration in the 2018 ToS update

I don't know if asking a question here is ok but: we would have looked to see if we could implement the clause a bit differently. We included a means to opt-out Is there any reason a user would ...
Steve Bennett's user avatar
57 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

What exactly is the track record of JAMS and why should they be trusted? Quick googling suggests that there are no public records, no oversight or regulation, and no reason to assume the arbitrator ...
tripleee's user avatar
  • 14.4k
50 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

Is there still a 30 day opt-out period? I'm confused by this: And remember, if you still feel apprehensive, you can always opt-out. (Emphasis in original). Does "always" mean "at any time" (ie, ...
Steve Bennett's user avatar
49 votes

Brace yourselves: The GDPR is coming!

Can we get an answer what will happen to European users with that arbitration clause? Since it's pretty clear that it's unenforceable for European users, and has no real merit here in the ToS. Maybe ...
Tschallacka's user avatar
  • 3,551
44 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

We’ve discussed this in every imaginable context with our lawyers and we definitely feel that this is protection that we really can’t do without [...] If possible, I'm interested in more detail on ...
Sam Hanley's user avatar
40 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

This update doesn't address the ethical and legal concerns for European Union users. Apart from other aspects, the claim that an arbitration was already in place is disingenuous: We already have ...
Nemo's user avatar
  • 4,056
40 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

I'd suggest one small thing if possible. I know you guys are busy, but having a positive confirmation to the opt out back to the email might help with the "what if someone fakes my email?" crowd. At ...
Journeyman Geek's user avatar
34 votes

Brace yourselves: The GDPR is coming!

Does a portability request also include data that is personal to specific users but you may not want to share (e.g. moderator annotations, suspension histories, internal notes on an account, etc.) ...
Magisch's user avatar
  • 25.6k
32 votes

Will Stack Exchange respect EU's "right to be forgotten"?

No, that won't happen. According to the terms of service: 3. Subscriber Content You agree that all Subscriber Content that You contribute to the Network is perpetually and irrevocably licensed to ...
Glorfindel's user avatar
  • 252k
32 votes

We’re adding more user controls for cookie consent

Dumb question but - are these cookies per site or network wide? More precisely, if I set them on AU today, will it take effect network wide either now, or as the feature gets rolled out?
Journeyman Geek's user avatar
29 votes
Accepted

Can a GDPR request take up to a month to process?

It seems that "officially", a company has one month of time: You have one month to respond to a request. from ico.org. ( the company can respond by explaining it will need more time though ) And ...
GhostCat's user avatar
  • 38k
29 votes

Can a GDPR request take up to a month to process?

Interestingly, they've failed at the first step, by not making you aware of the things that GDPR instructs them to do so. As I read it, that is a refusal to process your request (as they've not asked ...
djsmiley2kStaysInside's user avatar
28 votes

"You’re receiving this email because you are subscribed to The Overflow Newsletter from Stack Overflow." - are you sure?

"The Overflow" got its own section under Email Settings. From what I observed (from main/sock accounts) it's being set by default to On when the "Features & Announcements" setting is On: I ...
Shadow Wizard's user avatar
27 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

Thank you for your effort and attention to this issue, and my sympathies for the week you're having. It is appreciated. I have three questions: Will the actual legal agreement of the TOS be updated ...
Zach Lipton's user avatar
  • 1,663
27 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

Most users here trust the Stack Overflow team (or we wouldn't still be here). One of the big concerns I repeatedly see regarding arbitration is the risk that SO gets acquired by someone less ...
bta's user avatar
  • 2,505
27 votes

We’re adding more user controls for cookie consent

status-planned With the "Your privacy" dialog having been put into production, I am seeing the following problems. Firstly, I have found significant usability issues on Firefox (87.0 (64-bit)...
dbc's user avatar
  • 4,025
26 votes

The Flow State homepage is tracking users without consent

We have added consent to this site. As was reported, the site for our new customer conference went up without properly working consent tracking. After this report, we did some troubleshooting, ...
J007B's user avatar
  • 1,691

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