By FaceApp, Procon-SP fines Google and Apple up to R $ 10 million – Brazil

The Procon-SP Foundation fined the Google almost R $ 10 million, and Apple R $ 7.7 million, accusing them of disrespecting the Consumer Protection Code (CDC) when providing the FaceApp for iPhone and Android without terms of use in Portuguese. In addition, the agency says the two companies have established unfair terms in their privacy policies and terms of use. Google will appeal the decision.

FaceApp on iPhone

In FaceApp, terms of use and the privacy policy are available in English only. Procon-SP says that this violates the CDC: the law provides that every product or service offered in Brazil must contain “correct, clear, precise, ostensible information and in Portuguese language”.

Google, Apple and FaceApp were notified in July to explain the application’s data collection and storage policies. Google and Apple said they only offer the app to users of the Play Store and App Store, so they would not be responsible for it.

However, the CDC stipulates that the service provider shares responsibility with the company that created it. “In this way, Google and Apple are responsible for the lack of information from the FaceApp application,” argues Procon-SP. (FaceApp did not respond to the notification.)

Google and Apple have unfair terms, says Procon-SP

The agency also decided to punish the two technology companies for unfair terms. Google and Apple say in their privacy policies that they can share user information with companies in the same group, service providers and third parties.

For Procon-SP, this violates the Civil Framework of the Internet, which provides for the right to “not provide your personal data to third parties… except with free, express and informed consent”.

Google and Apple warn that customer data can be transferred to other countries without the same data protection laws as in Brazil, “which implies waiver of rights”, according to Procon-SP.

Google was fined R $ 9,964,615.77, the maximum amount stipulated by the CDC; while Apple received a penalty of R $ 7,744,320.00. Fines will be applied via administrative procedure, and companies may appeal in court.

In a statement to the Tecnoblog, Google says it will appeal the decision. “The Marco Civil da Internet and the Consumer Protection Code itself provide that virtual stores should not be held responsible for the practices and policies of third-party applications, so we will take the necessary steps to challenge the fine imposed by Procon,” says company.

What Google and Apple say in privacy policies

Here’s what the Google says in your privacy policy on share user data:

We provide personal information to our affiliates or other companies or trusted people to process such information for us … For example, we use service providers to assist us in customer support.

We may share non-personally identifiable information publicly and with our partners – such as publishers, advertisers, developers or rights holders. For example, we share information publicly to show trends in the general use of our services.

… is about data transfer:

We have servers around the world and your information can be processed on servers located outside the country in which you live. Data protection laws vary by country, with some offering more protection than others. Regardless of where your information is processed, we apply the same protections described in this policy.

In turn, the Apple explains in your privacy policy the conditions for share data:

You may be asked to provide your personal information at any time when you are in contact with Apple or an Apple affiliate company. Apple and its affiliates may share this personal information with each other and use it in a manner consistent with this Privacy Policy.

They may also combine it with other information to provide and improve our products, services, content and advertising. It is not mandatory to provide the personal information we request, but if you choose not to provide it, in many cases, we will not be able to provide you with our products or services or answer your questions.

As for the data transfer, she says:

All information you provide may be transferred or accessed by entities worldwide, as described in this Privacy Policy… Apple, as a global company, has several legal entities in different jurisdictions, which are responsible for personal information that collect and are processed on their behalf by Apple Inc…

Personal information related to Apple, the Online Store and iTunes may also be controlled by legal entities outside the United States, as indicated in the terms of each service.

With information: Procon-SP. Updated at 1:40 pm.

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