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Privacy: Palm's Explanation Not Good Enough

Yesterday, Palm responded to a report detailing how the Palm Pre sends end-user location information to Palm (and its affiliates) every single day. In essence, Palm explains, "End users agree to this part of our terms and conditions during device set up." That doesn't cut it. Not by a long shot.

When the flap first erupted yesterday, I received the following response from Palm:

Palm takes privacy very seriously, and offers users ways to turn data collecting services on and off. Our privacy policy is like many policies in the industry and includes very detailed language about potential scenarios in which we might use a customer’s information, all toward a goal of offering a great user experience. For instance, when location based services are used, we collect their information to give them relevant local results in Google Maps. We appreciate the trust that users give us with their information, and have no intention to violate that trust.

Q: Does webOS ever send location data to Palm and/or Google (or other third-party companies) even when no location-aware apps (such as Google Maps) are used?
A: According to our terms and conditions, which Pre users agree to before using their device, Palm and its partners may collect, store, access, disclose, transmit, process, and otherwise use your device information, content, and technical data for Palm and its affiliates to provide you with services, address your requests, provide technical support, process any transactions for your account, and otherwise in accordance with Palm’s privacy policy.

Q: If yes, can users turn this off?
A: If you turn the settings in the Location Services application to Off, Palm does not collect information about your location. Pre users can open their Pre and start typing "Location Services." Universal Search will bring up the application and users can select / deselect Auto Locate, GPS, Background Data Collection and other LBS.

Q: Can users opt to have their Pre NEVER send any location data to Palm and/or Google?
A: Users can change these settings at any time by going to "Location Services" on the phone.

Q: If so, how? Where is that setting in webOS
A: Pre users can open their Pre and start typing "Location Services." Universal Search will bring up the application.

It's an entirely different matter when that data includes location information.

Palm defends itself by saying customers agree to the terms and conditions when they initially set up their device. That's complete crap and Palm knows it. There may be such a clause in the terms and conditions, but I'll bet 99.999% of Palm Pre owners didn't bother to read them as they excitedly set-up their new phone.

As far as I am concerned, users need to be warned explicitly when their location information is going to be shared with anyone or anything. Every time an application wants to access my location data, I want to be asked. This is necessary to safeguard user privacy.

The Palm Pre transmits location data every day. Every day! Not just when a problem occurs, but all the time, no matter what's going on and where you are. I would never knowingly consent to such an intrusion.

And that's the problem here.

Just because Palm added a tidy little clause into its terms & services, doesn't mean users have become informed. Does the onus fall to the end user to carefully read those terms and conditions. Yes. But those terms and conditions are often page after page after page of legalese that is so dense most everyone skips right past the whole thing and just clicks "ACCEPT".

From now on, if any device, service or network wants to know or use my location data, I demand that I be asked first -- in clear terms, on a separate page from the rest of the terms and conditions.

You should demand the same thing if you value your privacy.

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