The internet and cellular giants are in constant and tough competition – who will dominate the fiber optic market. As a result, the various companies are putting pressure on customers to join their various routes, thus picking up first place as the advanced ISPs.
One of them, as is well known, is the Hot Company. But according to information that reached Globes, while installing the fiber optics, the company is also signing a disturbing clause for customers that allows information to be collected and used about them. This section is hidden in the technician form – a form that for many can be considered only technical.
“It is not fair to hide such essential clauses”
As part of the joining process, Hot’s fiber optic call center calls customers and offers them various routes. When a customer is interested in moving forward, a technician is sent to him to install the required infrastructure. The technician, at the end of his work, asks for a signature on a work summary form confirming that he has done his job faithfully.
Uri (pseudonym) also came across this form. The Hot company decided to install fiber infrastructure in its building, and a company representative moved apartment after apartment to offer different fiber routes. “Because it was on similar terms to my current conditions and the browsing was better, I agreed to go for it. A few days later the technician came to install the internet, and finally he came with the document in question.”
Uri’s vigilance led him to read the document in depth – a move that most of the public would not necessarily make. This is the wording of the legal wording in the document: “I confirm that during the provision of the services HOT will be entitled to collect information concerning me, including any details provided to HOT by and / or third parties, and / or collected by technological means within the uses I will make In your services, including the content and channels that I will watch, applications that I will use, websites that I will access, geographical location, how to use the services, etc. (hereinafter: “the information”).
“I know and agree that the collection of information will be used for the purpose of improving the service, targeting and adjusting the services offered to me, collecting payments, analyzes and statistical segmentation, sharing the information with third parties, receiving marketing offers or publications from HOT and / or third parties.”
The document then reads: “I agree that information I have provided to HOT will appear in the databases and HOT or anyone on its behalf may use the above information for the purpose of providing services under this agreement and for the purpose of offering services and other products of her and / or others, Sharing promotions, offering benefits and gifts (including emails or text messages). “My consent is valid even after the end of the contract with HOT,” subject to the provisions of the law. “
In other words, the company can use the user data as it sees fit, including transferring the information to third parties for business and marketing mailing. When Uri stated to the technician that he was not interested in signing this section, which is not related to the installation work, the technician was not familiar with the section in question. His supervisor was also unfamiliar with this section, noting that if the customer does not sign the document – the technician will not be paid for this work.
“I was shocked by the things written there, I told the technician that it was a document that could not be signed and it did not make sense to allow these permissions. “It’s not fair to hide these so-called essential clauses within a text. As a customer I believe I sign a technician’s installation permit.”
The document has the option to indicate that “I do not agree to the use of the information for mailing as stated above”. But it is not at all clear from this wording whether the company is still allowed to collect the information about the users and use it in various forms, except for use that will lead to receiving various marketing offers.
Other companies also collect, but do not hide
It is important to note that other companies also collect customer information, but unlike Mehot, they do not hide the section in the technician installation document.
For example, in Partner, the contract signed by the customer includes a particularly detailed list of the information collected and the needs the company can use it: “The provision of services, their operation, development and improvement; Billing, production of invoices and collection for the use of the services; for the purpose of handling complaints … “and more.
Partner clarifies that there is no legal obligation to require the provision of information, but the information collected is necessary for the provision of the service. At the same time, they make it clear to customers that there are other services that can collect information about them and that it is not their responsibility.
Bezeq also collects information about users. This is done as part of the terms of employment sent to customers, under the heading “Privacy Protection”, which includes details of the use that may be made of the information of the customers collected.
In the legal test the client may indicate that he was unaware
According to Adv. Dan Hai, chairman of the Privacy Protection Committee at the Bar Association, the Hot Company erred in its course of action. “On the one hand, there is information that a person must provide for the provision of the service by the company. This is information that is necessary to collect in order to operate the service. On the other hand, there is the unnecessary information, and the company must allow the customer to refuse collection.” In other words, it is necessary to split these paragraphs into the necessary information in the face of the excess information on which a refusal option should be given.
As stated, it is possible to refuse a clause in a hot form, but according to a living attorney it is vague and uncertain. It should be clarified, the section does not preclude the collection of information, but only the very contact with the customer with this information. “
Advocate Chai adds that one should know that in the legal test the client may indicate that he was not aware of the clause or that it is a discriminatory condition. You can contact the company in a letter, indicate that there was no other option and ask that you be deducted from the service. And they are committed to doing that.
“Hot doesn’t do it out of bad will. The very fact that the section is inside shows that society is attentive to it. But they don’t know the grammar to the end and the wording is not good.”
Mehut responded: “As part of the installation form that forms part of the contract agreement with the customer, the customer is asked to confirm his consent to receive marketing mailing. The customer can notify, by removing the check in the box, that he refuses to receive advertisements. It is also possible for the appointment to notify the company at any time of its desire to remove its details from the mailing list.
Needless to say, the company does not sell the information about its customers to third parties, for any purpose, and takes all necessary measures to protect its databases, all in accordance with the law. “