‘I Agree’ to speak plainly

By Anthony Hughes

A friend has just recommended you a fun, new, ‘must-have’ app that will change your life in some way. So you go to the app store on your phone and hit download, but, before you can play with your shiny new toy, it says you need to agree to some or other long, boring statement about the terms of service and / or privacy agreements. Most people click ‘I agree’ without a second thought and move on. The more careful among us might read a few pages, skim read a few more, get bored and then click ‘I agree’ anyway. Various surveys over the past few years have found that, on average, over 90% of consumers accept legal terms and conditions without reading them and the younger you are the higher that figure gets.

Much of our lives are now lived out on our phones and the sheer amount of data collected about you every minute of every day is staggering. Where we go, who we date, what we buy, how long we sleep, what we eat, what our resting heart rate is, what our political views are, the list goes on and on, and its all there on your phone.

If you have never read one, Terms of Service (ToS) and Privacy agreements are mostly designed to protect the organisation providing the platform you are signing up to. They also outline on some level what data the company will collect about you, how all that data will be used, which third parties have access to it and often for you to agree to waive your rights in certain areas.

With some exceptions, these agreements usually take the form of dense tomes filled with ‘legal-ease’, technical jargon and opaque language that only a few people are really qualified to understand. Even if you are able to get through one without dozing off, it often remains unclear what the real-world implications of particular clauses are for the average user and so it is understandable why most people don’t read them.

It seems that try as we may (or may not), almost no-one is making a deliberate and informed choice before clicking ‘I agree’. Essentially we are relying on the goodwill, governance and security of a platform owner and the regulators to ensure that our information and data is used and stored responsibly.

WhatsApp, the world’s most popular messaging app, recently hit the headlines after an update to its terms of service has caused WhatsApp users move to alternative services such as Signal and Telegram in their millions. Agreeing to the terms of the WhatsApp update will mean that a user’s private data will be shared with Facebook (which owns WhatsApp). According to the update all users must agree to the new terms by 8 February 2021, or else they will lose access to their chats and contacts.

I am a WhatsApp user myself and I think it is a brilliant platform, but as someone who values my security and privacy this was somewhat alarming. Thankfully, WhatsApp later clarified in an update “Although this data does not include messages sent or calls made using WhatsApp, or a user's location, it does include personal details used to set up an account, such as name and phone number, as well as information on what exact model of device they are using, as well as the IP address.” “We want to be clear that the policy update does not affect the privacy of your messages with friends or family in any way,". Importantly, the updates related specifically to features that allow users to message and interact with businesses on WhatsApp.

The problem is that by this point the damage was done, rumours were abound and millions had left the platform. Whatsapp has built its excellent reputation, in part, based on its approach to security and privacy, so any percieved deviation from one of its core selling points was naturally going to be a sensitive issue for many users.

Companies spend a lot of time, effort and money creating and fostering great brands, products and creative marketing strategies only for them to be undone by poor communication often about something mundane, like a simple ToS update.

I recently downloaded an app called Jumbo that enhances the privacy of your life online. Before the app will work, it suggests that you read its privacy policy. It’s long and not particularly interesting, but it was at least written and presented in a way that is relatively easy for the average user to understand. Moreover, from a reputational perspective it means that your first impression of the platform is a positive one. They are seemingly open and transparent about what they do and that builds trust in the company before you have even used the app.

I understand that there is often a legal requirement to disclose certain types of complex information as a company (whatever you do), but here is my plea - leave the jargon and legal-ease at the door and get creative, imagine you are presenting to child under 10, speak plainly and clearly and make it visually interesting at the very least. Think about how to make it a positive experience rather than a chore and use it as an opportunity to enhance your brand’s reputation and showcase your values. We will all be better off for it!