Jiangsu Consumer Protection Commission released the investigation report on unfair standard terms in the new energy vehicle industry on May 19, sorting out 15 unfair standard terms in 10 aspects from 47 agreements of 14 new energy vehicle enterprises, such as indicating that personal information may be shared abroad, and the use of personal information is suspected of excessive commercialization.
Surging news learned that these agreements are generally divided into two parts: User Agreement and privacy policy. Some car enterprises divide app use agreement and website agreement according to the login path, and some car enterprises formulate separate terms for extended service, after-sales warranty and so on.
According to the report of the Consumer Protection Commission, some auto enterprises are suspected of excessive commercialization of personal information. The agreement of the seven auto enterprises stipulates that users can form user portraits through the collected information, and display and push commodity or service information to users. According to the data protection law and the personal information protection law, natural persons can refuse data information processors to "user portraits" and their data Commercial use of personal information. For example, the user registration agreement of Chang'an mall shows: "on the premise of not disclosing the privacy data of a single user, the mall has the right to analyze the user database and make commercial use of the user database; the user agrees that the mall has the right to send order information, promotional activities, advertisements or advertising links to you and your designated consignee by email, SMS, telephone, etc."
According to the personal information protection law, in principle, personal information shall not be exported. If it is provided to overseas recipients, relevant information shall be informed and individual consent shall be obtained. The agreements of the four auto companies contain contents that may share personal information abroad, such as Tesla In the "customer privacy" statement, "Tesla is a global company and operates worldwide. If you make a purchase or otherwise submit your personal data to us, your personal information may be transmitted to Tesla in the United States and Tesla in other countries outside your place of residence or where the information was originally collected."
According to the report, in terms of agreement modification authority, nine enterprises have set up the right of unilateral modification, and are exempted from the obligation to notify consumers separately. If the user agreement is modified, consumers cannot understand the content in advance, cannot negotiate, and will be asked to withdraw from use if they do not accept it.
The survey shows that some car companies place too much emphasis on exemption clauses, which increases consumers' responsibilities and obligations. In terms of providing services, the user agreement of the three car companies stipulates that the service can be terminated at any time without liability for breach of contract. For example, Weima's user agreement states that "Weima has the right to modify or terminate the service (or any part thereof) temporarily or permanently at any time, and Weima has no responsibility for you or any third party regardless of its notice." Eight enterprises indicated the exemption clauses for network security vulnerabilities, and the user agreement of Xiaopeng automobile network platform showed: "we will not bear any responsibility for the losses caused by your improper custody of your account and password, active lending, disclosure or attacks, fraud and other acts by others."