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02 Jul 2011   #11

Windows 7 64-bit, Windows 8.1 64-bit, OSX El Capitan, Windows 10 (VMware)

Quote   Quote: Originally Posted by Corrine View Post
You are basing your comments on very outdated information. See ESET Online Scanner End User License and Service Agreement.
Alright, quote from the referenced page:

2. Scope of the Software.
The Software contains a function, which serves to collect samples of new computer viruses or other similar harmful computer programs (the “Infiltration”) and the subsequent dispatch thereof to the Licensor. This includes, for example, information about the computer and/or platform on which the Software is installed (the “Information”). The Information may contain data (including personal data) about the Licensee and/or other users of the computer on which the Software is installed, information about the computer and operating system, suspicious files from the computer on which the Software is installed, and files affected by the Infiltration and any information about such files.
And while the jurisdiction has been changed to San Diego, CA, did you notice this?

14. Notices.
All notices intended for the Licensor must be delivered to Attn: Chief Legal Officer, ESET, spol. s.r.o., Svoradova 1, 811 03 Bratislava, Slovak Republic.
Would you be surprised, if:
  1. The letter needs to be in some sort Slavic language
  2. The Slovak court still would be the only venue
And by the way, my initial reading of the term of agreement came from this link (IE only) today. Other browsers need to download smart installer...

My System SpecsSystem Spec
02 Jul 2011   #12

Windows 7 & Windows Vista Ultimate

Ok, your eyes are better than mine. The information about the jurisdiction was a hot topic at Wilders a year or so go but ended up being heavily moderated.

The Information may contain data (including personal data) about the Licensee and/or other users of the computer on which the Software is installed,
As you see, I elected to bold different words. Including the words may contain is not saying the information will contain. In my opinion, its a basic CYA statement. Computer names and IP address are frequently included in logs I review. Both could be construed personal data about the users of the computer.

As to the language, no, I would not expect that if I were to send a letter to the ESET Chief Legal Officer that it would need to be in Slovak or Hungarian. Why someone using the online scanner would need to send such a letter is another question.

Although I cannot imagine what legal proceedings you would anticipate based on using an antivirus vendor's on-line scanner. However, re-read "12. Dispute Resolution."
My System SpecsSystem Spec
02 Jul 2011   #13

Windows 7 64-bit, Windows 8.1 64-bit, OSX El Capitan, Windows 10 (VMware)

Neither does it say that it will not include personal data....

At least HitPro, while it is an Internet based service, does state clearly what it will transfer. Quote from the HitPro term of agreement...


4. Internet-based Services

SurfRight provides Internet-based Services with the Software. It may change or cancel them at any time.
a. Consent for Internet-Based Services The Software feature described below connects to SurfRight or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. By using this feature, you consent to the transmission of this information. SurfRight does not use the information to identify or contact you.
i. Computer Information The following feature uses Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the security software you are using on the device where you installed the Software. SurfRight uses this information to make the Internet-based service available to you.
● Malicious Software Removal When the Software checks your device for Malware, information to identify Malware could be sent to the SurfRight Services. No information included in these reports will be used to identify or contact you.
I prefer tools that do not call home, such as the Sysinternals Suite, MalwareBytes, etc., and perform their function on the local PC. No, I am not posting term of agreement language for these...
My System SpecsSystem Spec


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