Calendly Sued in CIPA Class Action for Using Heap Tech | Hacker News Reader

Calendly Sued in CIPA Class Action for Using Heap Tech

tcpaworld.com

2 pointsfairytalemtg3 comments

If Calendly didn't include language in their Terms & Conditions that stated using the Calendly application requires users to give permission to listed third-party services like Heap to collect usage information, then shame on them.

But, wouldn't you know it, they aren't dummies:

https://calendly.com/privacy

  > Information Collected Automatically From You.
  >
  > [...]
  >
  > Third-Party Tools.
  > We may disclose information to third parties or allow third parties to directly collect information using these technologies on our Website, such as social media companies, advertising networks, companies that provide analytics including ad tracking and reporting, security providers, and others that help us operate our business and Website.  We use such third-party tools subject to your consent, opt-out preferences, or other appropriate legal basis where legally required. [...]

So, yeah, if you use Calendly, you accept their terms of use and their privacy policy has informed users of such third-party collection of data, so there's the informed consent by accepting these terms.

IANAL, but if this class action doesn't get thrown out, it will have a serious chilling effect on any company that has users in California.

Question is, did the recipients of these Calendly links receive the same T&Cs?

All visits to Calendly.com are met with the following boilerplate message:

  > We respect your personal privacy
  >
  > We and our third party partners use cookies and other tracking technologies to provide a proactive support experience, enhance site navigation, analyze site usage, and assist in our marketing efforts.
  >
  > Learn more

And, "Learn more" is linked to https://calendly.com/privacy - so, yes, but it may be possible that by that point you're already being tracked.

I suppose it's an interesting question that needs a definitive answer: by clicking on a link to a website, are you thereby implicitly agreeing to the site's terms and conditions before you've had a chance to review them, at least until you've had the opportunity to review them and then decide to discontinue using that site or not?

Is a brick-and-mortar business obligated to present you with a copy of their business policies _before_ you enter their establishment? No. You are free to inquire before patronizing their business, and they are free to inform you of them after-the-fact. I would expect that a website should be treated similarly: by visiting the site, until you choose to discontinue using the site, you are agreeing to the site's terms and conditions, sight-unseen, whatever they may be.

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