INSTAGRAM PO

LICY

PRIMER

By Rhian

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WHO READS THOSE THINGS?When signing up to a new platform online, does anybody really

read through all the terms and conditions of use?

Ain’t nobody got time for that…

This slideshow is here to help you time poor people to understand the terms of use of the ever popular photo sharing app, Instagram.

CENSORSHIP

PRIVA

CY

OWNERSH

IP

COPYRIGHT

This slideshow will look at 4 specific aspects that may affect an Instagram user In order to decipher the terms of use

Depken II (2006) states that censorship is “the moral or legislative process by which society ‘agrees’ to limit what an individual can do, say, think, or see”.

The justification of censorship on the internet “is that this would lead to a greater social good, even if individuals are limited to what they can consume”.

CENSORSHIP

WHAT’S CENSORED?

Instagram’s (2013) Terms of Use states that the following content is not allowed on their app:

• Accounts from people under 13 years old• Violent, nude, pornographic, discriminatory, unlawful,

hateful, infringing photos• Content that defames, stalks, bullies, abuses, harasses,

threatens, intimidates or impersonates others• Sensitive personal information such as credit card details &

social security numbers• Domain names and URLs in usernames

WHAT’S CENSORED?

Similarly, Instagram can control who has access to the app and the content they post as stated in the Terms of Use (2013):

“We reserve the right to refuse access to the Service to anyone for any reason at any time”

“We reserve the right forfeiture of any username for any reason”

“We may, but have no obligation to, remove, edit, block, and/or monitor content or accounts that we determine in our sole discretion violates the Terms of Use”

Therefore, not complying with Instagram’s censorship could have you blocked from the app.

WHAT USER DATA THE APP COLLECTS?

HOW IT IS STORED?

WHERE DOES THE DATA GO?

PRIVACY

Privacy rights clearinghouse (2015) states that when a person is using an app they should question:

WHAT’S COLLECTED?

Instagram’s privacy policy states that they collect the following data from their users:

• Username, password & email address

• User information such as, first & last name & phone number

• User content such as photos and comments & metadata including hashtags & geotags (the photo’s location)

• Log in information such as the users IP address, browser, which device they are using (i.e., Laptop, phone, tablet), and how long they stayed on Instagram

Instagram also tracks other web pages you visit in order to analyse its users however they state that they take information from all users so “it cannot reasonably be used to identify a particular individual”

HOW’S IT STORED?

Instagram’s (2013) privacy policy states that:

“Your information collected through the Service may be stored and processed in the United States or any country in which Instagram, its Affiliates or Service Providers maintain facilities”

As Instagram is now owned by Facebook, users personal information could potentially be “processed” in numerous places all over the world.Instagram also states that:

“Instagram cannot ensure the security of any information you transmit to Instagram or guarantee that information on the Service may not be accessed, disclosed, altered or destroyed”

Therefore, a picture you shared on Instagram, along with its location could potentially accessed by any single person or company.

WHERE DOES IT GO?

Instagram’s (2013) privacy policy states that:

“We may share User Content and your information… with businesses that are legally part of the same group of companies that Instagram is part of”

“We also may share your information as well as information from tools like cookies, log files and device identifiers and location data, with third party organizations”

“We may also share certain information such as cookie data with third party advertising partners”

Therefore, your personal information can be shared through companies affiliated with Instagram, which are not listed in their policy. Furthermore, your browsing data can be shared with advertising companies in order for them to be able to market you personalised products based on your interests.

OWNERSHIP

So who owns the content that you post on Instagram?

You, or Instagram?

Instagram’s Terms of Use (2013) states that “Instagram does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service”

This means that you do own the content you post on Instagram. However, by posting content on Instagram you are giving them permission to use your content however they like, typically through advertising , without having to contact you for permission, or pay you any royalties for the money that may be made through using your content through areas such as advertising.

WHAT DOES THIS M

EAN?

COPYRIGHT

According to Intellectual Property Australia (2013), copyright “gives you exclusive rights to license others in regard to copying your work, performing it in public, broadcasting it, publishing it and making an adaptation of the work”.

In Australia, copyright is automatically granted to original works and others may not copy, reproduce or alter the work without permission of the owner.

As stated in the previous slide, by posting content on Instagram, you are giving them permission to use your content however they see fit.

USING COPYRIGHTED M

ATERIAL

Whilst using Instagram, you must not use other peoples copyrighted work unless you have permission from the owner.

This is specifically stated in Instagram’s Terms of Use (2013): “You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights”.

If you are found to have posted copyrighted material on Instagram you may have your account disabled

 

Hopefully this slide show has given you an insight into the complicated Terms of Use and Privacy Policy used by Instagram.

If you would like additional information please visit www. help.instagram.com

REFERENCE LIST

Depken II, C. A. (2006). Who supports Internet censorship? First Monday , 11 (19).

Instagram. (2013, January 19). Terms of Use. Retrieved October 17, 2015, from Instagram: https://help.instagram.com/478745558852511

IP Australia. (2013, November 23). Copyright. Retrieved October 17, 12015, from IP Australia: http://www.ipaustralia.gov.au/get-the-right-ip/copyright/

Privacy Rights Clearinghouse. (2015, September). Online Privacy: Using the Internet Safely. Retrieved October 17, 2015, from Privacy Rights Clearinghouse: https:// www.privacyrights.org/fs/fs18-cyb.htm

 All images taken from Instagram’s press & brand assets web pages and abide by

Instagram’s identity guide. They can be found here:www.instagram.com/press/www.instagram-brand.com