Do you need to display an EULA when using Flurry/Google Analytics? [closed]

Question

I hear different things from different people on that topic and nobody is really sure. Also a quick google search doesn't reveal anything informative.

The question is: when using Flurry Analytics (or Google Analytics or whatever analytics tool) in an Android App. Do I need to inform the users in form an EULA or something similar that is shown on first app start and has to be accepted?

The stats collected are completely anonymous, so most people say you don't have to show an EULA. But what's the truth now?

Bandanna

You're asking for legal advice from random strangers without even specifying what countries you need to know about. You need a lawyer/solicitor/whateverYouCallItInCountryX. – Antihero

Answer 1

The terms of service of google analytics state that:

You will have and abide by an appropriate privacy policy and will comply with all applicable laws relating to the collection of information from visitors to Your websites. You must post a privacy policy and that policy must provide notice of your use of a cookie that collects anonymous traffic data.

Also on the Android SDK page they say:

You must indicate to your users, either in the application itself or in your terms of service, that you reserve the right to anonymously track and report a user's activity inside of your app. Your use of the Google Analytics SDK is additionally governed by the Google Analytics Terms of Service, which you must agree to when signing up for an account.

I would say you must show some kind of EULA, maybe not at first launch but in some kind of about view but it must be present somewhere.

I spared one sentence in my application description in the market, informing the user that if he uses the app data will be collected. If it would be more than a small regional app with not 100 users yet I would put the agreement in the app and have a opt out possibility.

Nitrosyl

Answer 2

I have one application on the market which does use Flurry. I place in the settings an option to opt-out, because you know, I like my users. Additionally, on first launch I pop up, letting users know that each subsequent launch, analytics will be enabled, and give them a resource to explain how to turn it off.

This is done more as a courtesy, but even if it were required, I'd gladly do it. I'm a user too, and I want to control whether or not data about my device (even though it's only the model, the country you're in (I don't use GPS for instance, so I just get country/continent level), and things like errors/events. I'm mostly interested in crashes and my events especially, but the countries charts give me an idea as to where I might want to look at further localization.

Urogenous

Answer 3

I don't believe there is a requirement to do so, but it is my opinion that if you are going to be sending analytical data obtained from a user's phone you should let the user know this and give them a way to opt out.

Soler

Yeah of course it's good to tell the users. I meant if you have to display it at startup of your app (which annoyes many users) or if it's enough just give them the opportunity to turn it off in the app settings :) – Bandanna

@Goddchen: I encourage you to have qualified legal counsel review the Android Developer Distribution Agreement if you plan on distributing your app on the Android Market, as there are particular terms in there pertaining to your question. – Beheld

Answer 4

i found something in the Android Developer Distribution Agreement:

4.3 You agree that if you use the Market to distribute Products, you will protect the privacy and legal rights of users. If the users provide you with, or your Product accesses or uses, user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your Product, and you must provide legally adequate privacy notice and protection for those users. Further, your Product may only use that information for the limited purposes for which the user has given you permission to do so. If your Product stores personal or sensitive information provided by users, it must do so securely and only for as long as it is needed. But if the user has opted into a separate agreement with you that allows you or your Product to store or use personal or sensitive information directly related to your Product (not including other products or applications) then the terms of that separate agreement will govern your use of such information. If the user provides your Product with Google Account information, your Product may only use that information to access the user’s Google Account when, and for the limited purposes for which, the user has given you permission to do so.

So it think i'm fine with letting the user disable analytics via checkbox in the app settings and showing a Toast at first app start.

Bandanna