Accept terms of use

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What should be captured from the user when he or she clicks to accept the terms of use of my system, app or website?

Usually I hear people saying that should be captured the IP and Date Time, more legally these data are valid to prove that the user really agreed to the terms?

ip

  • I will use Facebook for example, to register need to agree, ie all 1B registered users accepted the term, because it is not possible to register without accepting the terms and legal implications that it contains, understand?

  • In this case it would not be necessary to save this data, because this data (time, ip etc.) could not be connected to a person themselves (in this case a Brazilian CPF/CNPJ) could simply be a fake/ghost user. Now if you require on your site a real identification, a Cpf in the case, then the story changes....

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    I think it’s outside the scope of the site to say if it’s "legally valid". I imagine the only thing you can collect is public information (IP and such) and voluntary information. I think you can steer your question more to the side programmer that aside lawyer. Fez this research in Law.SE and found this interesting: What is the point of website Terms and Conditions?

1 answer

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This is an issue that may give room for other interpretations. Since the legal environment does not have very well defined what is valid or not.

That is, the validity of the consent of the users to the Terms of Use and Privacy Policies of internet applications is independent of the mere writing of such documents.

An example is the use of checkboxes indicating acceptance of the Terms of Use or Privacy Policies when registering a new user. By depending on the consent of a positive action of the user, it is essential that this effectively click on the respective checkbox indicating their agreement. Case referred checkbox is already filled in the registration form, there will be a user action for acceptance, may the consent be invalidated in case of dispute.

To ensure the validity and effectiveness of Terms of Use and Privacy Policies, attorneys must act together with their clients in order to understand the proposed business model and suggest practical solutions.

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