23andMe just sent out an email trying to trick customers into accepting a TOS change that will prevent you from suing them after they literally lost your genome ro thieves.
Do what it says in the email and email [email protected] that you do not agree with the new terms of service and opt out of arbitration.
If you have an account with them, do this right now.
Here’s an email template for what to write: https://www.patreon.com/posts/94164861
I don’t see how an email that has no proof of delivery (could have ended in spam for example) would be legally binding.
Accepting a ToS update simply by virtue of no action is also questionable unless provisions permitting that were in the ToS you’ve accepted and even then it would not work in the European Union, because that’s listed in the forbidden clauses registry.
I thought the same thing when my Disney+ rate went up a couple months ago and I couldn’t find the email warning about it in my inbox or spam folders.
Why do we let these companies get away with everything? If the rates are going up, show me in the app/ui. Make it opt in. Disable my ability to watch anything until I approve the increase in spend. It should be illegal to just change the terms of a contract and say “I sent you an email.”
Accepting a ToS update simply by virtue of no action is also questionable
Even it being “questionable” is a fucking outrage – it should be so blatantly, obviously, disallowed that a lawyer should lose their license just for proposing it!
The entire concept is a goddamn farce.
It’s not, and TOS are not legally binding either
By viewing this post, you agree to gift 50% of all after tax future earnings to PersnickityPenguin. Additionally, your entire Steam Library of games is hereby under sole ownership of PersnickityPenguin. All games and/or steam account login and password must be provided to PersnickityPenguin.Failure to transfer all financial and virtual property within (30) days is considered a breach of contract. Each incident of a breach of contract will result in a $500,000 penalty per incident. Viewer agrees to these terms of service. Any dispute or breach of contract will result in additional legal fees to be paid by the viewer entering into this contract pursuant to paragraph (A).Why would you need proof of delivery? The original email gives instructions. You follow those instructions and can prove you did so with date and timestamps. I don’t see the issue.
https://en.m.wikipedia.org/wiki/Non-repudiation
Legally you have to be able to prove someone received a thing. It’s why you get served when you’re sued. An agent physically hands you the complaint (or whatever they’re called). If the papers were put in the mail the person being sued could say they never received them.
Couldn’t the same be said about the TOS updates though? Would they not need to prove it was delivered?
That’s the whole point. They can force you to agree to updated TOS before they allow you to access their app.
Can’t you trace an email and prove it was delivered? Even mail you sign for only proves you received it, not that you opened it.
No. You can confirm the server received it. That’s different from a user opening it and reading it
You can’t prove that person ever saw that email.
If anyone wants my genetic information just come to my door and I’ll supply it to you directly 😏
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Saw this in my inbox and totally thought it was for this comment lol
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some more reddit level engagement for you ;)
I feel like the TOS you are subject to is the one you signed when you first used the service. Unless you have been constantly using their service, I can’t see how a new TOS would affect you. I could be WAAY off here because IANAL, but a company can’t just retroactively change the TOS for customers without some kind of action taken by the customers under the new TOS.
Even that’s rather iffy too. If it’s been made so long that a reasonable person cannot be expected to read or understand it, it likely won’t hold up.
Of the courts decide to say, fuck it then it won’t hold up.
If this goes to a class action suit, I expect the judge to not let this change of TOS affect who is covered under the class action suit.
This is just a way to make the customer THINK they can’t sue.
Isn’t this illegal?
No, but that doesn’t mean it’s legally enforceable.
You can’t sign away negligence in a contract.
Yes but they’ll just outspend the average person in court. It’s a fucked design
I had them destroy my sample and delete my data the week they went public, so I’m glad we’ve finally reached the “I told you so” phase of this.
Nobody’s genome was lost. What happened was, users with weak passwords had their accounts compromised, something like less than 2,000 of them, and from those accounts, bad actors were able to access and download family tree data for something like 6.5 million accounts.
I don’t really see how the data lost is actionable in any way except for the spoofed “Hey gramma! It’s me! I’m in jail and I need bail money!” phone calls.
One of the typical arguments is selling ancestry history to insurance companies, effectively handing them health data which could lead to up-pricing or rejections for customers with bad health history.
That’s 23andMe’s end game anyways
But at least the second one isn’t allowed anymore. I’m not sure if the ACA addresses the first point.
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What does this even mean?
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I guess what I meant:
- What exactly are “Zionist war participants?”
- Who is trying to profile these people?
- How does this establish “racial segregation?”
I’m not trying to be annoying. I genuinely believe you are trying to say something important but I just don’t understand what you mean.
The real question is why would you put your genome into the hands of a company without a compelling reason beyond “This sounds cool”
A lot of people didn’t, but their relatives did and now theyre implicated.
So I can prove that I’m 3% black and get my word pass. /s
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/s and still at -6. Wow, Lemmy. I’m hoping the joke just went overhead.
Maybe the joke just wasn’t funny
What joke? Jokes are supposed to at least try to be funny.
It was just another cynical explanation for the type of person to get a vanity dna test. Do people not realize that racial supremacists are getting these test and bragging if they like the results?
Apparently my comment making fun of white supremacists wasn’t taken well by the mods.
Either it went over people’s heads or hit too close to home. I dunno.
It being cool is a compelling reason.
How else are you going to get it?
“I use discord cos It is so cool”…
They didn’t lose it, they know exactly where it went
Piracy is theft in the eyes of the law. So because the hackers copied it, your data was lost and you should be compensated for the loss.
Did they lose anyone’s genome? That’s not what’s been reported. They certainly lost customer information and this is definitely a super shitty move to trick you into waiving some rights, but I’ve seen no reporting that says they lost full DNA information.
They have disabled the download data button and refuse to provide customers with a copy of their own data. I have been trying to get a copy of my data for over a month and they just tell me they’ll consider re-enabling the button in the future.
I would bet money (not much, relax) that they got their shit hacked and locked down by ransomware at least, if not also extracted for sale by the same black hat.
I was under the impression that it was compromised logins of users that were used to get into accounts, afaik they weren’t actually hacked.
Our two scenarios aren’t necessarily mutually exclusive, but yours is much more plausible.
Thanks for sharing this
bruh
Wow, that’s dirty. The email you need to opt out at is different from what they link. If you don’t respond, you automatically agree to their new TOS which bars you from taking class action against them. Shady af.
Then it should have been upvoted for reality.
Ok but is fuchs a real last name lol
Yes. My mother had a teacher named Mrs. Fuchs. And she told me, “you can guess what we all called her.” And that was in the 1950s!
If you were dumb enough to pay someone to take your genome for profit, a second grift is just icing on the cake.
