Some jurisdictions classify “sale” as broadly as “transfer of data to any other company, for a ‘benefit’ of any kind” Benefit could even be non-monetary in terms of money being transferred for the data, it could be something as broadly as “the browser generally improving using that data and thus being more likely to generate revenue.”
To avoid frivolous lawsuits, Mozilla had to update their terms to clarify this in order to keep up with newer laws.
Before everyone freaks out over “terms of use = Firefox bad now” (I’m citing the actual Terms of Use and Privacy Notice)
I’ll add emphasis as needed.
You give Mozilla all rights necessary to operate Firefox, including processing data as we describe in the Firefox Privacy Notice, as well as acting on your behalf to help you navigate the internet. When you upload or input information through Firefox, you hereby grant us a nonexclusive, royalty-free, worldwide license to use that information to help you navigate, experience, and interact with online content as you indicate with your use of Firefox.
This doesn’t mean you’re giving them a license to do whatever they want with your data, it means you’re giving them the ability to use that data explicitly as you choose to navigate the web. (e.g. you use Firefox to make a post, they have to process those keystrokes through Firefox to send it to the server, and thus could require permission to do that in the form of having a license)
They explicitly have the license only to use the information in line “with your use of Firefox,” and to “navigate, experience, and interact with online content.” not to do whatever they want. They should have worded this better, but this isn’t one of those “we own everything you ever put in your browser” kind of clauses.
If you give Mozilla any ideas, suggestions, or feedback about the Services, you give Mozilla permission to use them for free and without any additional obligations.
This is standard on basically every site, and kind of obvious. You shouldn’t be able to say “you should do this thing,” have them do it, and then say “actually I own the license to this and you have to pay me”
These Terms apply until either you or Mozilla decide to end them. You can choose to end them at any time for any reason by stopping your use of Firefox. Mozilla can suspend or end anyone’s access to Firefox at any time for any reason, including if Mozilla decides not to offer Firefox anymore. If we decide to suspend or end your access, we will try to notify you at the email address associated with your account or the next time you attempt to access your account.
Nothing requires you to stay in this contract after you stop using the services, and this is just reaffirming the fact that, yes, they can stop offering Firefox in the future if they simply can’t sustain it, without somehow breaking contract. More legalese just to protect them from frivolous lawsuits.
Your use of Firefox must follow Mozilla’s Acceptable Use Policy, and you agree that you will not use Firefox to infringe anyone’s rights or violate any applicable laws or regulations.
You agree to indemnify and hold Mozilla and its affiliates harmless for any liability or claim from your use of Firefox, to the extent permitted by applicable law.
This basically just means “don’t do crimes using our browser.” Again, standard clause that basically everything has to make sure that nobody can claim in court that Firefox/Mozilla is liable for something a user did with their software.
To the extent permitted by applicable law, you agree that Mozilla will not be liable in any way for any inability to use Firefox or for any limitations of Firefox. Mozilla specifically disclaims the following: Indirect, special, incidental, consequential, or exemplary damages, direct or indirect damages for loss of goodwill, business interruption, lost profits, loss of data, or computer malfunction. Any liability for Mozilla under this agreement is limited to $500.
Standard liability clause, basically everything also has this.
And that’s it. That’s the terms of use. Nothing here is out of the ordinary, uncalled for, or unreasonable for them to have.
Now let’s move on to the new Privacy Notice.
You have the option to use a third-party AI chatbot of your choice to help you with things like summarizing what you’re reading, writing and brainstorming ideas, subject to that provider’s terms of use and privacy notice.
If you choose to enable a chatbot in the sidebar and/or through a shortcut, Mozilla does not have access to your conversations or the underlying content you input into the selected chatbot. We do collect technical and interaction data on how this feature is used to help improve Firefox, such as how often each third-party chatbot provider is chosen, how often suggested prompts are used, and the length of selected text.
This just states that if you use the chatbots, you’re subject to their policies, and also Mozilla will collect very light amounts of data to understand how often and to what degree the feature is used. The first part is functionally no different from saying “If you go to OpenAI’s website and use ChatGPT, you’ll be bound by their ToS.” Yeah, of course you will, that’s obvious.
Review Checker is a Firefox feature that helps you determine whether reviews are reliable when you shop online with sites like Amazon.com, BestBuy.com and Walmart.com. If you opt in to using Review Checker, Mozilla will process information about the website and the product identifier of the products you view using our privacy preserving technology called OHTTP. OHTTP combines encryption and a third party intermediary server, helping prevent Mozilla from linking you or your device to the products you have viewed. We also collect technical and interaction data on how this feature is used to help improve Firefox.
By opting in to using Review Checker you also agree to be shown product recommendations and sponsored content. If you do not want to receive product recommendations and sponsored content, you can opt out of this feature under Review Checker settings at any time.
Another optional feature that, if you choose to turn on and use yourself, will obviously have to collect data that is required for such a thing to work. It can’t check reviews if it can’t see the reviews on the website. As for the product recommendations and sponsored content, that’s not desirable, but they do very clearly mention that you can just turn it off in settings.
You can install add-ons from addons.mozilla.org (“AMO”) or from the Firefox Add-ons Manager, which is accessible from the Firefox menu button in the toolbar. We process your search queries in the Add-ons Manager to be able to provide you with suggested add-ons. If you choose to install any add-ons, Firefox will process technical, location and settings data, and periodically connect with Mozilla’s servers to install and apply the correct updates to your add-ons. We also collect technical and interaction data on usage of add-ons, to help improve Firefox.
If you search on their site for extensions, they have to process your search, and if you need to install addons, they’ll have to connect to Mozilla’s servers and collect the relevant data to make sure the extensions are available where you are. Shocking. /s
Mozilla runs studies within Firefox and makes certain experimental features available through Firefox Labs to test different features and ideas before they’re made available to all Firefox users or become part of the core Firefox offering — this allows us to make more informed decisions about what our users want and need. This research uses technical, system performance, location, settings and interaction data.
We also need to process data to keep Firefox operational, improve features and performance, and identify, troubleshoot and diagnose issues. For this we use technical, location and settings data, as well as interaction and system performance data (such as number of tabs open, memory usage or the outcome of automated processes like updates). In the rare situations where the information needed also includes limited browsing data (e.g., Top Level Domain annotations for page-load performance monitoring), it will be transmitted using OHTTP; this helps prevent Mozilla from linking you or your device to the data collected for this purpose.
This has been around for a while already. If you choose to use beta features, then yeah, they’ll collect some diagnostics. That’s why it’s in beta: to get data on if it’s working properly.
Because maintaining the latest version of Firefox helps keep you safe against vulnerabilities, desktop versions of Firefox regularly connect to Mozilla’s servers (or another service that you used to install Firefox) to check for software updates; updates for Android and iOS versions of Firefox are managed by Google’s Play Store and Apple’s App Store, respectively.
We also process technical data and settings data to protect against malicious add-ons. In addition to these standard processes, we use Google’s Safe Browsing Service to protect you from malicious downloads and phishing attacks, and validate web page and technical data with Certificate Authorities. As part of our work to improve privacy and security for all internet users, we collect technical data via OHTTP, to better understand, prevent and defend against fingerprinting.
Checking for updates and providing malicious site blocking requires connecting to servers to download the updates and having a list to block bad sites. Again, very shocking. /s
And that’s basically it for that.
I seriously don’t understand the reactionary attitude so many people have towards things like this. Read the policies yourself, and you’ll see that their explicit purpose is either:
None of this is abnormal.
I genuinely didn’t realize that was the reason they said they were coming from insane asylums.
Like, I legitimately didn’t even consider the possibility because it was just that stupid. I’m simultaneously kicking myself for not figuring it out, but also glad my brain isn’t stupid enough to quickly make the same connection they did.