Channels & viewing

[DanUK]

Can someone tell me how to DISABLE Roku knowing what I watch on Netflix.

There is a continue watching on Roku Dashboard that shows stuff I have started watching on Netflix

I have not consented in Netflix for this data to be shared and I have not authorised Roku to obtain this information or to share it themselves.

I have seen the privacy policy and opted out of everything possible there so how does one disable this?

[MrXxx]

There is no "opt out" for that. Refer to section B3 at the link below. Just by purchasing and using a Roku device, you're already opted in for that sort of thing, like it or not.

https://docs.roku.com/published/userprivacypolicy/en/us 

[DanUK]

Actually, that is illegal in my country.

No permission can be preset and core terms must be made prominent at the time of purchase.

This is a breach of GRPR which are in effect all over Europe and the UK, companies can be fined up to 9% of their turnover no matter where they are in the world.

If US companies think this does not affect them they should think again, huge companies like Meta, Apple and Google are careful to comply.  The fines used to have a limit of 500,000 and they got used, but but now they can be substantially higher.

The EU has fined Apple and Google massive amounts for their practices.

I am sure you see all the consent requests on website, the advertising networks have tried to suggest they have a legitimate interest, well that myth has been dismissed here.  

People can't be contracted without prior explicit agreement. 

[MrXxx]

Would be nice if that were reality. It's not. Legal and reality often don't jive with each other. That's what litigation is for. You can always file a class action suit. I doubt it would get very far. Simply by using the product you were either told you agree with the terms, or willingly agreed to the terms because if you don't, you can't use the product. This is a decades old debate that big tech has never to my knowledge ever lost.

[DanUK]

Actually there is no such thing as a class action here, instead certain organisations are allowed to bring a community claim on behalf of consumers, for example such claims have been brought against water companies for dumping sewage in rivers and there are others for bad practices.

We also have a regulators who form part of a network of regulators all over Europe and they have the power to fine huge amounts with no Court involved.  Companies can appeal but they are simply stalling, the decisions do not get overturned or reduced.

For example I rang the customer services of one company, they would not connect the call if caller ID was withheld.  I was able to prove they were retaining that data without my consent because they rang me back despite me asking for a written response via email.

I contacted the regulator who asked me to write to the data protection officer named on the privacy policy and to ask them to confirm to me in writing under GDPR the lawful basis they were relying upon to obtain my phone number (personal data) without my consent, to use my phone number without consent and to confirm what other purposes they were using my personal data for, which organisations they were sharing it with.

I got a similar reply to yours about terms and sent that to the regulator, they took up my case and have told the company to make changes to their phone system to stop this practice  If the company does not comply then they will get a fine.  The company are spending over a billion this year alone on new stores and getting tax breaks for doing so, therefore their potential fine could be huge if they do not comply. It has not taken very long either. 

It looks as if I will have to do something similar with Roku because I have never consented to any of this sharing of my data.  Regarding Netflix I am curious to know if Netflix are aware that Roku is gathering this data because Netflix do not seem to have an option to prevent it  Considering the risk to Netflix itself to take steps to protect customer data I could see them preventing Netflix from working on Roku.  Companies must take reasonable steps to prevent data being collected without permission.  One of our ISP's was fined 500,000 under the old system because they failed to do this on their corporate network and had customer data stolen.  If that happened now it would be on the up to 9% scale that was added in 2018 to make companies take GDPR seriously.

[DanUK]

As I said the "by using this" nonsense does not work here.

Another company got fined for offering a broadband test option on their website and collecting data without revealing the true purpose and intentions.  The users of the website used it to determine their speed, they provided their phone number solely for the purpose of obtaining that test. 

The company then cold called them using the number they used to confirm the telephone exchange to determine what levels of broadband were available.

The regulator fined them a lot and the company responded by adding a note in small print and in the terms that the company may use the phone number to sell them services and that too was disallowed.

You see people determine the purpose of the provision of their data, that is one of the core principles of GDPR and the same will apply to Roku.  Customers are choosing programs with a purpose to watch TV, they do not want their privacy invaded and shared in this way.

In my opinion it will be impossible for Roku to ever get this to be legal because the product is sold by 3rd parties and can't be returned to those 3rd parties under consumer law because they don't agree with the onerous privacy policy or terms of use applied by Roku.

So unless Roku starts providing all their devices direct to customers and prominently makes these key terms visible and offers the option to decline then they will always be in the wrong in EU and UK.

You simply cant presume consent if no option is provided to decline but retain the rights afforded to them of their purchase.  i.e. that a product must

1. Be as described

2, Be fit for purpose

3. Last a reasonable period of time

4. Be of reasonable quality.

This applies to services too, but goes further in that they must be provided with reasonable care and skill

The legislation also says that the consumer should not be inconvenienced.

Reasonable is defined by what any reasonable consumer might expect or what has been promised.

For example I contacted the manufacturer of my Fridge Fridge freezer and asked them what was the expected life of the product, they told me they provide an 8 year warranty and free labour after that.

This gave me a reasonable expectation of at least a 10 year life and not only is the retailer liable but also the credit card company if I bought it on credit.

I am definitely going to make some calls to the regulator about this breach of GDPR.

[MrXxx]

"unless Roku starts providing all their devices direct to customers and prominently makes these key terms visible"

They did. I found it in less than a minute. It's called "due diligence."

"and offers the option to decline"

They do. It's called, "if you don't agree with these terms, don't use our product."

Look, I'm not trying to tell you this **bleep** is fair. It's not. But life isn't fair either. You could have, if you had cared to, found the exact terms you said didn't exist. They do exist, and they aren't that hard to find. In fact, by signing up for their services, they told you you were agreeing to them and gave you obvious access to them. You just didn't bother to read them.

If you're so concerned about the matter why wouldn't you take the minute that it takes to ensure you weren't agreeing to something you didn't want to?

If you can't be bothered to read the contract before you sign, that isn't anyone's fault but your own.

I didn't read them either. I have the same complaint about recommended viewing you do, but I refuse to blame Roku for my lack of due diligence. It's on me, therefore I live with it. 

You do what you feel is best. More power to you if you actually get somewhere with it. I mean that sincerely. Would you be willing to come back here and let the rest of us know how it went?

I hope you do, but I'm not holding my breath. 

[MrXxx]

By the way, Netflix Privacy Policy specifically states they can, do, and will share your usage information with partner services. By simply signing up for the service, YOU agreed that you read the policy and agreed to it. 

You most likely did not read it. I didn't either, but i didn't because I already knew this was in the terms and knew I was agreeing to it, because it's in basically EVERY online service privacy terms.

EDIT:

For anyone interested, this is a link to the GDPR to which he is referring:

General Data Protection Regulation (GDPR) – Official Legal Text (gdpr-info.eu)

Briefly put, the regulation is about personal data specifically. Streaming services do not need to use any peronal data to record data specific to an individual device's usage. All they need is a MAC number, IP address, or some other identification number pertinent to either the device or or the gateway a group of devices use to access the service over the internet. NONE of those numbers identify a PERSON. They simply identify a device or group of devices and how they are used, no matter WHO is using them.

That's not a breach of personal data. Period.

[Qwwww]

Hi all, sorry to drag this topic up again, but I have a related question. I want to use the Roku Streambar to watch photos from my smartphone on my computer screen. Viewing the privacy statement, I read it as: Roku will collect and can view any photos that I cast to my computer screen. Do I read that correctly?

Thanks in advance for any answers/insight!

[renojim]

@Qwwww, you'd have to point to a specific statement in the privacy policy that states that.  I don't see anything about casting or photos that implies casting them will allow Roku to collect and view them.  "Uploaded Files" (Part I, A, 6) isn't the same as casted photos and is more likely to refer to photos posted here or uploaded for Photo Streams, but I don't have a law degree.  🙂