Accepted in the T's & C's
So that's their argument ?
Ok, two can play that game.
I hereby declare the Consumer General Terms and Conditions.
1) Any Supplier agreeing to sell goods to a Consumer tacitely agrees to these conditions without right of refusing or contesting any of their conditions.
2) Any goods sold to a Consumer must be fit for their DECLARED purpose and without harm for the user.
3) ALL functions and functionalities of the goods must be declared. Any undeclared function is grounds for immediate return and reimbursement of the goods without question and without recourse.
4) NO, repeat NO transmission of data of ANY KIND without prior notice and ACCEPTANCE IN WRITING will ever be considered acceptable or even tolerable. Goods of any kind are purchased for the convenience of the Consumer, NOT to improve ad-targeting algorithms of the Supplier. The excuse that better targeted ads are a service to the Consumer is not acceptable since the Consumer has never requested ads of any kind.
5) The Supplier guarantees that the goods sold to the Consumer will only ever use the minimal network bandwidth that it requires to provide the DECLARED functionality. Any other possible network packet type MUST first require authorization from the user before being sent, must CLEARLY inform the user in PLAIN TEXT (not lawyer-speak or worse, PR-speak) of what the use of that packet is, and must refrain from sending said packet as long as user does not agree to its emission.
6) The Supplier is NOT allowed any excuse along the line of "if you turned it on then you agreed to this" to initiate network activity that is not a technical part of the primary function of the Goods. A radio's primary function is to recieve radio channels, sending monitoring data on which channels are listened to is not. A TV's primary function is recieving TV channels, sending monitoring info on which shows are viewed is not.
7) In case the Supplier finds itself guilty of transgressing any of these rules, the CEO, the Board and all Upper Management of the Supplier administration will immediately and voluntarily proceed to the nearest Consumer Correction and Oversight facility and self-attach themselves to the nearest Post of Penitance in order to recieve the twenty lashes of Consumer Needs Enlightment that will open their minds to the needs of the Consumer and train them to remain within that point of view.
8) Failure to adhere to any of these articles WILL result in the formation of a Consumer Correction Group which will, if sufficiently enervated, proceed to the headquarters of the Supplier and enforce a Temporary Local Correction and Oversight Facility with the goal of distributing the proper Consumer Needs Enlightment therapy to the assigned individuals. The Supplier notes that, in this case, the limit of twenty lashes may well be exceeded by individually frustrated members of the Correction Group, and thus absolves all members of all legal liability.
