“It did this by naming its broadband service ‘FibreX’ and advertising on billboards, radio, in-store, online and in direct marketing, using phrases such as ‘FibreX is here’ or ‘FibreX has arrived’ and beams of light as a background to its visuals,” the commission said. The networks that were subject to the court case were originally built by TelstraClear and are based on a technology called hybrid fibre-coaxial (HFC) that use fibre to street cabinets and a coaxial copper cable from there to the home, and are more commonly known overseas simply as cable networks. HFC networks can provide very high speed, fibre-like broadband services and are generally regarded as superior to most copper-based services, but are not a complete equivalent to UFB.
Vodafone s FibreX branding misled customers, court finds reseller.co.nz - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from reseller.co.nz Daily Mail and Mail on Sunday newspapers.
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The judge in Australia did not view a consumer s acceptance of Google s terms and conditions as the be-all and end-all, a lawyer says. “The fact that the ACCC has obtained a favourable outcome is likely to embolden the commission to take similar litigation.” The ACCC brought the case which focused on two particular settings of the Android devices: Web and App Activity and Location History . The default settings showed Location History as off, however, Google could still obtain location data through the Web and App Activity setting, if it was turned on. The ACCC s claim was that a reasonable consumer would assume having Location History switched to off would protect their location data, although in the Privacy and Terms section it did explain data could still be collected.
A win by the Australian watchdog over data collection could see similar litigation become more common in New Zealand.
The judge did not view a consumer s acceptance of Google s terms and conditions as the be-all and end-all, a lawyer says.
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Australian courts recently found Google s privacy settings misled consumers over whether their location data was being stored on Android devices, because although the information was in the terms and conditions - it was not clear.
Law firm Bell Gully senior associate Richard Massey said the case would be of interest to New Zealand s regulators. Past experience has shown that the Commerce Commission in New Zealand has quite closely monitored the activities of the Australian Competition and Consumer Commission (ACCC), and it will certainly have taken an interest in this case.
Google settings: Australia privacy win could see more litigation for NZ courts msn.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from msn.com Daily Mail and Mail on Sunday newspapers.