Hi @Scott th Ratbag further to your question I immediately thought of the Google Analytics class action.
In that case they are being sued for illegaly invading the privacy of millions of users by pervasively tracking the use when the user had set their browsing to private mode.
They clearly state every time a person clicks an incognito tab - websites might be able to collect information about their browsing history.
This is a 5 billion dollar class action. Google seem to have the terms and conditions set to indicate they may decide to collect your information but this seems to contradict the idea of private browsing.
So it seems Googles terms & conditions may some way support the fact that users should be aware information maybe collected but whether this is reasonable will be left up to the court to decide.
I have the view that it’s all good and fine as a business to write your on terms and conditions but only a court can determine whether these are reasonable in the circumstances.
Lawyers write the terms and conditions all the time. They literally use every escape clause to protect the business from being sued and to protect themselves from litigation if they fail to protect the business. Lawyers get it wrong all the time as the strongest cases can go down in flames. There are no certainties when you enter the legal arena.
Anyway this is just a very small part to this court case but I was interested in this little aspect.
DYOR this is my opinion only.
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