ToS & Privacy Policy discussion

@ryantm what does the migration to a new host mean in terms of Privacy Policy/ToS? Should anything be updated specifically for this?

I suspect those are mostly boilerplate (maybe generated by Discourse). I don’t think I read them before. Our current situation is pretty similar to what it was before except Flying Circus is effectively donating hosting to the NixOS Foundation whereas before the foundation was paying Discourse.

There’s some parts in the ToS about paid for services and add-on HTTPs that seems out of place, @zimbatm.

The ToS and Privacy Policy will be updated to reflect the current state. The main change is that German laws apply on the host instead of US ones.

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@zimbatm as @ryantm mentioned, there’s some awkward wording (“customers”) and questionable privacy policy - maybe this can be a chance to clean those up too?

Also, the policy might not be GDPR-compliant.

Let me know if you need any help with that!

Are you a lawyer by profession? Flying Circus is already on the case, let’s see what updates they suggest. The previous documents were just stock and I agree it’s a good time to review them so they reflect reality.

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Not at all, just someone who has taken care of making ToS GDPR-compliant before :slight_smile:

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Sorry that this got stuck for a while … I got feedback from a colleague from our (Flying Circus) perspective about the TOS and he found two things that should be adapted (of course there may be things that we missed and we’re not lawyers yadda, yadda, but that’s what caught our eyes in a review):

  1. There is a longer part about Payment and Renewal that likely is completely superfluous:
  1. Payment and Renewal
    General Terms
    Optional paid services or upgrades may be available on the Website. When utilizing an optional paid service or upgrade, you agree to pay NixOS Foundation the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable.

Automatic Renewal
Unless you notify NixOS Foundation before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time.

Hosting, Support Services
Optional Hosting and Support services may be provided by NixOS Foundation under the terms and conditions for each such service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions.

HTTPS
We offer HTTPS as a paid add-on. By signing up and using a custom domain on nixos.org, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.

Enterprise
Enterprise Hosting services are provided by NixOS Foundation under the terms and conditions for each such service, which are determined by a customer-specific contract. By signing up for an Enterprise Hosting account you agree to abide by such terms and conditions.

  1. the privacy terms Privacy - NixOS Discourse likely need to list subcontractors (i.e. the Flying Circus).

I replaced section 4. and 5. of the TOS with blank sections, since renumbering the sections would be time consuming and break links.

The bottom of the privacy policy mentions Flying Circus, what change would you suggest for this?

Hosted by Flying Circus.