LG Smart TV

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Nature Real
ID Name LG Smart TV
Provider LG Electronics, Inc.
Description A TV which offers not only the ability to browse the Internet, but also a number of dedicated services based on this connectivity and on TV features that enable LG Electronics to collect data about the TV users.
Country UK
Release Date
Link http://gb.lgappstv.com/appspc/main/main/main.lge?lang=eng_GB
Topics Business Model
Correlated texts http://www.ninjamarketing.it/2013/05/16/smart-tv-lg/

Notes

Components:

  • LG Smart TV
  • LG Software (the applicable documents are: Legal Notice): copy of the LG software program which is pre-installed on the LG Smart TV
  • LG Smart TV Services (the applicable documents are: Terms of Use, Privacy Policy, Viewing Information, Voice Information, Personalized Advertising): a number of features and services, including streaming movies, music, and games, as well as the ability to browse the Internet


See also Samsung's Smart TVs Are Collecting And Storing Your Private Conversations.

See also LG Will Take The 'Smart' Out Of Your Smart TV If You Don't Agree To Share Your Viewing And Search Data With Third Parties.

See also here.

Contractual characteristics

Links to Terms&Conditions: http://gb.lgappstv.com/appspc/footer/footer/moveDeviceTerms.lge?type=S_LGN&level=1&link=101 (Legal Notice); http://gb.lgappstv.com/appspc/footer/footer/moveDeviceTerms.lge?type=S_SVC&level=2&link=201 (Terms of Use); http://gb.lgappstv.com/appspc/footer/footer/moveDeviceTerms.lge?type=S_PRG&level=2&link=202 (Privacy Policy); http://gb.lgappstv.com/appspc/footer/footer/moveDeviceTerms.lge?type=S_ADG&level=3&link=301 (Viewing Information); http://gb.lgappstv.com/appspc/footer/footer/moveDeviceTerms.lge?type=S_VNG&level=3&link=302 (Voice Infomation); http://gb.lgappstv.com/appspc/footer/footer/moveDeviceTerms.lge?type=S_TAG&level=3&link=303 (Personalized Advertising); http://gb.lgappstv.com/appspc/footer/footer/moveTermsCondition.lge (Terms and Conditions); http://gb.lgappstv.com/appspc/footer/footer/movePrivacyView.lge (Website Privacy Policy)

Date of Terms&Conditions: 25.01.2014 (Legal Notice); 28.07.2014 (Terms of Use); 28.07.2014 (Privacy Policy); 28.07.2014 (Viewing Information); 25.01.2015 (Voice Information); 25.01.2014 (Personalized Advertising); 26.03.2012 (Terms and Conditions); 17.03.2011 (Website Privacy Policy)

1. Is the consumer allowed to modify the software and/or hardware without retaliation? No
The license on the embedded software doesn't grant the customer the right to modify the embedded software.

Moreover, the Terms of Use forbid to modify the Smart TV (i.e. the hardware) and all software downloaded or alredy installed on the TV. If the customer doesn't comply with this prohibition, the provider reserves the right to discontinue all or part of the services he provides without notice.



You may not copy, modify, decompile or reverse engineer our software in any way unless you are allowed to do so by law (Source: Legal Notice).

You agree not to: [...] Disassemble, reverse engineer or otherwise decompile your LG Smart TV and/or any software, applications, upgrades or updates made available to you through the Services or installed on your LG Smart TV, except as authorized by applicable law or license terms (Source: Terms of Use).

We reserve the right to suspend, withdraw or discontinue all or part of the Services without notice if we consider that you are in breach of these Terms of Use (Source: Terms of Use).

We use information obtained from your LG Smart TV [..] to protect and defend our rights and property, including by way of legal proceedings (Source: Privacy Policy).

2. Does the provider reserve to himself the right to modify/delete his own content? Not processed
3. Does the provider reserve to himself the right to modify/delete consumer content? Not processed
4. Is the title on software explicitly transferred to the consumer? No
The title on the software copy embedded in the LG Smart TV is explicitly conserved by LG Electronics.

The customer is only provided with a license to use that copy, and he agrees to this license by using the software (i.e. by using the TV).


Your use of LG Software is subject to the license terms set out below. By using LG Software, you agree to all of the terms of this license. We grant you a non-exclusive license to use the pre-installed copy of solely to the extent necessary for you to use your LG Smart TV and for no other purpose. You acknowledge that all ownership rights in LG Software anywhere in the world belong exclusively to us and that no ownership rights in LG Software are transferred to you. You are only entitled to the limited use of LG Software as is granted in these license terms (Source: Legal Notice).

5. Is the title on hardware explicitly transferred to the consumer? Yes
Among the legal documents - concerning the LG Smart TV - available on the Net - it is not possible to find Sales Terms. However, none of the documents available online apply to the Smart TV (i.e. to the hardware) but only to the embedded software ant to the services available through the Smart TV. Moreover, the Terms of Use concerning the services allude several times to "your LG Smart TV". Finally, the Terms of Use make an explicit reference to customer’s possibility to "dispose of [his] LG Smart TV to a third party".

Therefore, this lack of terms of sale on the website must not be seen as a denial of hardware ownership transfer, but simply as the consequence of LG Electronics' decision to entrust the sale contractual regulation to the retailers, or to not contractually regulate it at all.


[O]ur Privacy Policy, Terms of Use, and a few other documents [...] set out your rights and obligations as a Smart TV user (Source: http://gb.lgappstv.com/appspc/footer/footer/moveDeviceTerms.lge?type=S_DSC&level=1&link=102).

[Y]our LG Smart TV, stated several times (Source: Terms of Use).

You may not assign, sub-contract or otherwise transfer your rights or obligations under these Terms to anyone else (except where you dispose of your LG Smart TV to a third party) unless you first agree this with us in writing (Source: Terms of Use).

6. Is the consumer forbidden from reselling the device? No
The Terms of Use make an explicit reference to customer’s possibility to "dispose of [his] LG Smart TV to a third party".

It is interesting to compare this resale possibility with the fact that the embedded software is only licensed. In fact, many EULAs confer a non-transferable license to use the copy of software, but at the same time state that any person who uses the copy of the software is bounded by the EULA (e.g. Nest): this is a nonsense, because it is assumed that people other than the purchaser of the item embedding the software may uses the copy of the software, which is in contract with the non-transferability of the license to use the copy of the software. Yeah, we can imagine that the provider's intention, in those cases, is to be sure to be able to sue any user of the software in case of violation of the EULA, but the ambiguity of the formulation should anyway be blamed. Moreover, the provider can't reasonably expect that the item (e.g. a TV, a thermostat) will be used only by the purchaser, but - at least - by his roommates or family (and, in fact, many contractual terms which confer a non-transferable right to use imply anyway a possibility of use by third parties; sometimes, it is even the website or the advertising that shows this opportunity; see however Personal Property Servitudes on the Internet of Things, where the author deals also with a version of a software commercialized for students and families, which can't be used by house-guest); and thus what is the difference between family use and the use by a stranger to which the embedding item has been transferred? LG Electronics, under this point of view, is praiseworthy, because the license it confers not only applies to any person who uses the software (which is confirmed by the fact that all individuals or groups in possession - "possession", and not ownership - of an LG Smart TV, whether within a domestic or commercial premises, e.g. a bar or hotel, can enjoy it), but also it is NOT defined as "non-transferable". Therefore, we shouldn't be surprised, in that case, that the fact that the embedded software is licensed and not sold is compatible with the possibility of resale of the embedding hardware.

What about the services accessible through the LG Smart TV? Here also, LG Electronics prove to be reasonable, because it states that customer’s service-related rights and obligations can be transferred to third parties when the customer disposes of the TV itself. Moreover, the customer can allow other people to access the services available through his Smart TV.

However, the customer is responsible for ensuring that all persons who access the Services through his LG Smart TV are aware of the Terms of Use and other applicable terms and conditions, and that they comply with them. But - we have to highlight - this applies only as long as he owns the TV: if he sells it, his obligation ceases, and passes to the new owner, as we can infer from the fact that this responsibility exists only with reference to services available through "your" Smart TV. This is important, because it would be unbearable for the customer to assure the respect of this obligation once the TV resold, and therefore this obligation might have discouraged the resale.


Your use of LG Software is subject to the license terms set out below. By using LG Software, you agree to all of the terms of this license. We grant you a non-exclusive license to use the pre-installed copy of solely to the extent necessary for you to use your LG Smart TV and for no other purpose. You acknowledge that all ownership rights in LG Software anywhere in the world belong exclusively to us and that no ownership rights in LG Software are transferred to you. You are only entitled to the limited use of LG Software as is granted in these license terms (Source: Legal Notice).

The Services are provided for the personal enjoyment of individuals or groups in possession of an LG Smart TV, whether within a domestic or commercial premises (for example a bar or hotel) and may only be used in accordance with these Terms of Use (Source: Terms of Use).

Device Information, Viewing Information, Basic Usage Information and Voice Information are handled by LGE in such a way that members of your household are not generally identified or identifiable from that information (Source: Privacy Policy).

You are responsible for ensuring that all persons who access the Services through your LG Smart TV are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them (Source: Terms of Use).

You may not assign, sub-contract or otherwise transfer your rights or obligations under these Terms to anyone else (except where you dispose of your LG Smart TV to a third party) unless you first agree this with us in writing (Source: Terms of Use).

7. Is the consumer forbidden from transferring the account? No
The customer can't disclose his identification code, password or PIN to any third party. However, this doesn't seem to prevent enjoyment by third parties of the TV and of the services accessible through it, because:
  • each user of the TV can have his own account (as we can infer from the statement that it is not possible to identify which member of the household is using the TV, unless he has his personal account on the LG Smart World);
  • the service accessible through the Smart TV can be used also by persons other than the TV owner (no matter if they have access to the TV because of a personal or commercial relation with the owner) - even if he is responsible for these other persons' awareness of and compliance with the Terms of Use (see CC6);
  • in case of TV resale by the first acquirer, this one can transfer the services accessible through the TV to the new owner.


These Terms of Use (together with any documents that they refer to) apply to those individuals and groups who use the Services (Source: Terms of Use).

By accessing or using the Services, you confirm that you accept these Terms of Use and that you agree to comply with them (Source: Terms of Use).

The Services are provided for the personal enjoyment of individuals or groups in possession of an LG Smart TV, whether within a domestic or commercial premises (for example a bar or hotel) and may only be used in accordance with these Terms of Use (Source: Terms of Use).

You are responsible for ensuring that all persons who access the Services through your LG Smart TV are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them (Source: Terms of Use).

If you choose, or you are provided with, a user identification code, password, PIN or any other piece of information as part of our security procedures, including if you sign up as a member of LG Smart World, you must treat this information as confidential. You must not disclose it to any third party. You are responsible for all actions that take place as a result of access to the Services via your identification code, password or PIN. We have the right to disable any user identification code, password or PIN, whether chosen by you or allocated by us, at any time, if we reasonably believe that you have failed to comply with any of the provisions of these Terms of Use (Source: Terms of Use).

You may not assign, sub-contract or otherwise transfer your rights or obligations under these Terms to anyone else (except where you dispose of your LG Smart TV to a third party) unless you first agree this with us in writing (Source: Terms of Use).

Device Information, Viewing Information, Basic Usage Information and Voice Information are handled by LGE in such a way that members of your household are not generally identified or identifiable from that information [...]. If you become a member of LG Smart World and are logged-in to LG Smart World when you use LG Smart TV Services, however, then certain [...] Information may be associated with your Membership Information in such a way that it may become personally identifiable to you (Source: Privacy Policy).

8. Is there an explicit prohibition to use the device in combination with a third party service? No
Via the LG Smart TV it is possible to access to third-party services.

However, it is unlikely that these services could be completely alternative to those provided by LG Electronics (which can suspend them at any time: see CC9 and CC10): indeed, the collection of some data by LGE (collection which is included in the LG Services) is necessary every time the TV is connected to the Internet, in order to provide the basic functions of the TV as a "smart" TV. We can therefore infer - given the fact that the third-party services are accessible through the Internet - that no LG data collection causes customer’s inability to access the Internet, which in turn causes inability to access and/or download third-party services.


Although you may use LG Software to download and access content or applications made available by third parties on your LG Smart TV, we make no promises or guarantees that you will always be able to access such content or applications (Source: Legal Notice).

The Services provide access to “apps” and link to other services owned and operated by third parties, such as content providers like Netflix and YouTube (Source: Terms of Use).

Our Privacy Policy explains and seeks your agreement for how we collect, use, and share information that we obtain as a result of your use of LG Smart TV Services, as well as how we use cookies. You do not have to agree to the Privacy Policy but if you do not, not all Smart TV Services will be available to you. In that case, we will still receive certain non-identifying information from your Smart TV that we need to provide the basic functions that will be available. [...] When your LG Smart TV is connected to the Internet, during the set-up process and thereafter, we will receive certain information, including Device Information [this refers to information collected about your LG Smart TV and certain related devices], that is needed to authenticate and set up your LG Smart TV, as well as power its basic functions. This information is necessary for the basic functioning of the Smart TV and does not require agreement with this Privacy Policy. However, in order to gain access to the full range of Smart TV services, you must agree to our Privacy Policy, which facilitates a greater exchange of information between your LG Smart TV and our systems (Source: privacy Policy).

9. Are there explicit duration boundaries to consumer’s enjoyment of the device? Yes
There are no prefixed or certain duration boundaries to customer's enjoyment of the device, but anyway there is a risk for the consumer to see his enjoyment of the TV limited after the purchasing: the TV won't never become completely unusable, but it may become a "less-smart" or even a "dumb" TV. I.e., it may become a product different from the one the customer has paid for.

First of all, the contractual terms state that LG Electronics doesn't guarantee that the software embedded in the LG Smart TV will always be available. Even if it is not clear what LGE exactly means with this statement (how could the software become unavailable?), we can anyway state that - in case of sudden unavailability of the embedded software - the TV become useless.

Secondly, a part of the Services provided by LG is necessary in order to provide the basic functions of the TV as a "smart" TV (see CC8), but: i. LGE reserves the right to discontinue even all the Services without notice if they consider that the customer hasn't complied with the Terms of Use; ii. LGE refuses any responsibility if for any reason the Services or any part of them are unavailable at any time or for any period. Well, it is true that the device won't - in these cases - completely cease to work, but it will work only as a traditional, dumb TV, which is not what the customer has paid for.

Finally, LGE reserves the right to modify the Privacy Policy. If the customer doesn't agree with those changes, he can refuses them, but in this case he may become unable to use some services that have made is TV a "smart" TV (Iplayer, Skype, 3D, remote voice command, etc.). The TV, however, won't become - in case of a customer’s refusal to agree with the modifications - completely unusable as a smart TV, but only because LGE legitimises the data collection necessary in order to provide the basic functions of the smart TV on the grounds of art 7(b) of DIRECTIVE 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data (indeed, LGE's contractual terms state: "[t]his information is necessary for the basic functioning of the Smart TV and does not require agreement with this Privacy Policy"). Even if it is legal, this behaviour may annoy and irritate the customer - if an increasing/modification in the information necessary to be collected in order to provide the basic functions of the TV is implemented after the TV purchasing, because the customer may have agreed with the data collection necessary for the smart TV enjoyment at the moment of the purchase, but he might disagree with the changes: and, if he does, no other solution exists for him but stopping using the TV as a "smart" TV (and LG Smart TV is even not the worst product under this aspect, because, at least, the customer can continue to use it as a dumb TV, ceasing to connect it to the Internet; but think about data driven products: a change of this sort in the information collected to carry out the basic function of the good will force the disagreeing customer to stop using the entire product in order to avoid data collection).


We make no promises or guarantees that LG Software is free from bugs or errors or that it will always be available (Source: Legal Notice).

We reserve the right to suspend, withdraw or discontinue all or part of the Services without notice if we consider that you are in breach of these Terms of Use (Source: Terms of Use).

We use commercially reasonable efforts to provide the Services on a continuous, high quality basis [...]. It is possible that we may have to interrupt or discontinue the Services or suspend or restrict your use of all or any part of the Services where we consider it reasonably necessary for technical, operational, security, legal or regulatory reasons. We do not accept any responsibility if for any reason the Services or any part of them are unavailable at any time or for any period (Source: Terms of Use).

"Our Privacy Policy explains and seeks your agreement for how we collect, use, and share information that we obtain as a result of your use of LG Smart TV Services, as well as how we use cookies. You do not have to agree to the Privacy Policy but if you do not, not all Smart TV Services will be available to you. In that case, we will still receive certain non-identifying information from your Smart TV that we need to provide the basic functions that will be available. [...] When your LG Smart TV is connected to the Internet, during the set-up process and thereafter, we will receive certain information, including Device Information [this refers to information collected about your LG Smart TV and certain related devices], that is needed to authenticate and set up your LG Smart TV, as well as power its basic functions. This information is necessary for the basic functioning of the Smart TV and does not require agreement with this Privacy Policy. However, in order to gain access to the full range of Smart TV services, you must agree to our Privacy Policy, which facilitates a greater exchange of information between your LG Smart TV and our systems" (Source: privacy Policy). Therefore, the basic functions of the TV are ensured, but not because they don't require LG's data collection, but because LG carries out these functions even if the customer doesn't agree with the privacy policy. "LG's Privacy Policy claims that most of what it collects is essential to provide these "smart" services. Indeed, many of them are" (Source: https://www.techdirt.com/articles/20140511/17430627199/lg-will-take-smart-out-your-smart-tv-if-you-dont-agree-to-share-your-viewing-search-data-with-third-parties.shtml).

LG can receive information directly from customer's LG smart TV: device information (it refers to information collected about your LG Smart TV and certain related devices), viewing information (information about customer's interaction with program content), basic usage information (information that records customer's interaction within the LG Smart TV), voice information (voice commands and associated data: " If you do not agree to our use of your Voice Information then you will not be able to use the voice command and recognition features"). LG can receive further information that the customer chooses to provide in order to access certain LG Smart TV Services. Information directly received from the Smart TV is not generally "personal information" - i.e. members of the household are not generally identified or identifiable - but, if the TV user becomes a member of LG Smart World and is logged-in to LG Smart World when he uses LG Smart TV Services, this information may become personally identifiable to him (Source: Privacy Policy).

This Privacy Policy may be updated by LGE from time to time. If we make a material change to our Privacy Policy, we will update you via your LG Smart TV or other means. If you do not consent to the updated privacy policy, some Smart TV services may be restricted (Source: Privacy Policy).

Because I will not agree to LG's Privacy Policy, I can now no longer access/use any of of the TV's network based programs: Iplayer, Skype, 3D etc. As of the 7th May following a software update to our less than two year old LG TV. I was confronted with a message asking me to read and agree with a couple of important new documents. So like a good little citizen I read and agreed with the first doc regarding use of said TV. but having read the Privacy Doc I was not best pleased with the companies assumption that I would simply agree to their sharing all our intimate viewing details (plus what ever else they can see)with all and sundry. Since I agreed not to hack into installed software (as if I Could)We cannot get around the block. I think the company must be in breach of contract since the smart functions are no longer available. Surely in the uk at least you should not be able to change the goal posts at will. Any one sorted this problem yet?? Before some smart alec says "Take It back". We bought the set because it satisfied our criteria at the time. We did not expect some legal bully to come along nearly two years later and tell us to share all our information with the world OR ELSE?? (Source: https://www.techdirt.com/articles/20140511/17430627199/lg-will-take-smart-out-your-smart-tv-if-you-dont-agree-to-share-your-viewing-search-data-with-third-parties.shtml).

Does a manufacturer have the right to "brick" certain integral services just because the end user doesn't feel comfortable sharing a bunch of info with LG and other, unnamed third parties? (Source: https://www.techdirt.com/articles/20140511/17430627199/lg-will-take-smart-out-your-smart-tv-if-you-dont-agree-to-share-your-viewing-search-data-with-third-parties.shtml)

So, even if you don't agree to share information, you'll still be sharing information. To top it off, you won't be able to use many of the functions that put the "smart" into LG's Smart TV (Source: https://www.techdirt.com/articles/20140511/17430627199/lg-will-take-smart-out-your-smart-tv-if-you-dont-agree-to-share-your-viewing-search-data-with-third-parties.shtml).

10. Are there explicit duration boundaries to consumer’s enjoyment of the service? Yes
Services provided by LGE may cease:
  • because of customer’s decision to stop using them;
  • because the customer has violated the Terms of Service;
  • because there have been changes in the Privacy Policy and the customer doesn't agree with them;
  • because LGE decides to interrupt or discontinue the Services or suspend or restrict customer's use of all or any part of the Services for technical, operational, security, legal or regulatory reasons;
  • because LGE removes them.

In any case, LGE doesn't accept any responsibility in case of service unavailability at any time or for any period.


We make no promises or guarantees that LG Software is free from bugs or errors or that it will always be available (Source: Legal Notice).

We use commercially reasonable efforts to provide the Services on a continuous, high quality basis [...]. It is possible that we may have to interrupt or discontinue the Services or suspend or restrict your use of all or any part of the Services where we consider it reasonably necessary for technical, operational, security, legal or regulatory reasons. We do not accept any responsibility if for any reason the Services or any part of them are unavailable at any time or for any period (Source: Terms of Use).

The Services are provided for the personal enjoyment of individuals or groups in possession of an LG Smart TV, whether within a domestic or commercial premises (for example a bar or hotel) and may only be used in accordance with these Terms of Use (Source: Terms of Use).

You may choose to stop using the Services at any time (Source: Terms of Use).

We reserve the right to suspend, withdraw or discontinue all or part of the Services without notice if we consider that you are in breach of these Terms of Use (Source: Terms of Use).

Our Privacy Policy explains and seeks your agreement for how we collect, use, and share information that we obtain as a result of your use of LG Smart TV Services, as well as how we use cookies. You do not have to agree to the Privacy Policy but if you do not, not all Smart TV Services will be available to you. In that case, we will still receive certain non-identifying information from your Smart TV that we need to provide the basic functions that will be available. [...] When your LG Smart TV is connected to the Internet, during the set-up process and thereafter, we will receive certain information, including Device Information [this refers to information collected about your LG Smart TV and certain related devices], that is needed to authenticate and set up your LG Smart TV, as well as power its basic functions. This information is necessary for the basic functioning of the Smart TV and does not require agreement with this Privacy Policy. However, in order to gain access to the full range of Smart TV services, you must agree to our Privacy Policy, which facilitates a greater exchange of information between your LG Smart TV and our systems (Source: Privacy Policy).

LG can receive information directly from customer's LG smart TV: device information (it refers to information collected about your LG Smart TV and certain related devices), viewing information (information about customer's interaction with program content), basic usage information (information that records customer's interaction within the LG Smart TV), voice information (voice commands and associated data: " If you do not agree to our use of your Voice Information then you will not be able to use the voice command and recognition features"). LG can receive further information that the customer chooses to provide in order to access certain LG Smart TV Services. Information directly received from the Smart TV is not generally "personal information" - i.e. members of the household are not generally identified or identifiable - but, if the TV user becomes a member of LG Smart World and is logged-in to LG Smart World when he uses LG Smart TV Services, this information may become personally identifiable to him (Source: Privacy Policy).

LGE reserves the right to add or remove services from its Smart TV services and to modify its Smart TV services from time to time (Source: Privacy Policy).

This Privacy Policy may be updated by LGE from time to time. If we make a material change to our Privacy Policy, we will update you via your LG Smart TV or other means. If you do not consent to the updated privacy policy, some Smart TV services may be restricted (Source: Privacy Policy).

Because I will not agree to LG's Privacy Policy, I can now no longer access/use any of of the TV's network based programs: Iplayer, Skype, 3D etc. As of the 7th May following a software update to our less than two year old LG TV. I was confronted with a message asking me to read and agree with a couple of important new documents. So like a good little citizen I read and agreed with the first doc regarding use of said TV. but having read the Privacy Doc I was not best pleased with the companies assumption that I would simply agree to their sharing all our intimate viewing details (plus what ever else they can see)with all and sundry. Since I agreed not to hack into installed software (as if I Could)We cannot get around the block. I think the company must be in breach of contract since the smart functions are no longer available. Surely in the uk at least you should not be able to change the goal posts at will. Any one sorted this problem yet?? Before some smart alec says "Take It back". We bought the set because it satisfied our criteria at the time. We did not expect some legal bully to come along nearly two years later and tell us to share all our information with the world OR ELSE?? (Source: https://www.techdirt.com/articles/20140511/17430627199/lg-will-take-smart-out-your-smart-tv-if-you-dont-agree-to-share-your-viewing-search-data-with-third-parties.shtml).

Does a manufacturer have the right to "brick" certain integral services just because the end user doesn't feel comfortable sharing a bunch of info with LG and other, unnamed third parties? (Source: https://www.techdirt.com/articles/20140511/17430627199/lg-will-take-smart-out-your-smart-tv-if-you-dont-agree-to-share-your-viewing-search-data-with-third-parties.shtml)

11. Are there explicit terms and conditions allowing the consumer to access (view only) his data? No
Even if LG Smart TV collects a lot of information, and LGE directly receives this data from the Smart TV, LG contractual terms don't make any reference to customer’s right/possibility to access this information.


LG can receive information directly from customer's LG smart TV: device information (it refers to information collected about your LG Smart TV and certain related devices), viewing information (information about customer's interaction with program content), basic usage information (information that records customer's interaction within the LG Smart TV), voice information (voice commands and associated data: " If you do not agree to our use of your Voice Information then you will not be able to use the voice command and recognition features"). LG can receive further information that the customer chooses to provide in order to access certain LG Smart TV Services. Information directly received from the Smart TV is not generally "personal information" - i.e. members of the household are not generally identified or identifiable - but, if the TV user becomes a member of LG Smart World and is logged-in to LG Smart World when he uses LG Smart TV Services, this information may become personally identifiable to him (Source: Privacy Policy).

12. Are there explicit terms and conditions allowing the consumer to delete his data? No
Even if LG Smart TV collects a lot of information, this information is directly sent to LGE, and it doesn't seem that the customer can access it (see CC11). It is therefore unlikely that a copy of this information is also stored on the TV. Therefore, the lack of a deletion right in the contractual terms may be explained by its unnecessariness. The customer does not even have a right to delete the personal information LGE has about him, but the provider states he will keep it for as long as it is necessary for the purposes illustrated in the Privacy Policy, statement which seems to be compatible with art. 6(1)(c) of DIRECTIVE 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data.


We will keep your personal information for as long as is necessary for us to provide you with LG Smart TV Services or other purposes set out in this Privacy Policy (Source: Privacy Policy).

13. Are there explicit terms and conditions allowing the consumer to export (with proprietary format) his data? No
Even if LG Smart TV collects a lot of information, and LGE directly receives this data from the Smart TV, LG contractual terms don't make any reference to customer’s right/possibility to access or even export this information.
14. Are there explicit terms and conditions allowing the consumer to export (with open format) his data? No
Even if LG Smart TV collects a lot of information, and LGE directly receives this data from the Smart TV, LG contractual terms don't make any reference to customer’s right/possibility to access or even export this information.
15. Does the provider reserve to himself the right to unilaterally modify terms and conditions? Yes
The provider reverses the right to unilaterally modify both the Terms of Use of the Services and the Privacy Policy.

If the customer doesn't agree with the changes in the Privacy Policy, he can refuse them, but in this case some services may be restricted (see CC9 to deepen the issue).

For what concerns the Terms of Use of the services, we can infer that, if the customer doesn't agree with the changes made to them, the only solution for him is to stop accessing the services (some of which are necessary in order to make the LG TV a "smart" TV: see CC9), because the Terms of Service state that by accessing or using the services the customer agrees with them.


By accessing or using the Services, you confirm that you accept these Terms of Use and that you agree to comply with them (Source: Terms of Use).

These Terms of Use may be updated by LGE from time to time. If we make a material change to our Terms of Use, we will update you via your LG Smart TV or other means (Source: Terms of Use).

This Privacy Policy may be updated by LGE from time to time. If we make a material change to our Privacy Policy, we will update you via your LG Smart TV or other means. If you do not consent to the updated privacy policy, some Smart TV services may be restricted (Source: Privacy Policy).

Because I will not agree to LG's Privacy Policy, I can now no longer access/use any of of the TV's network based programs: Iplayer, Skype, 3D etc. As of the 7th May following a software update to our less than two year old LG TV. I was confronted with a message asking me to read and agree with a couple of important new documents. So like a good little citizen I read and agreed with the first doc regarding use of said TV. but having read the Privacy Doc I was not best pleased with the companies assumption that I would simply agree to their sharing all our intimate viewing details (plus what ever else they can see)with all and sundry. Since I agreed not to hack into installed software (as if I Could)We cannot get around the block. I think the company must be in breach of contract since the smart functions are no longer available. Surely in the uk at least you should not be able to change the goal posts at will. Any one sorted this problem yet?? Before some smart alec says "Take It back". We bought the set because it satisfied our criteria at the time. We did not expect some legal bully to come along nearly two years later and tell us to share all our information with the world OR ELSE?? (Source: https://www.techdirt.com/articles/20140511/17430627199/lg-will-take-smart-out-your-smart-tv-if-you-dont-agree-to-share-your-viewing-search-data-with-third-parties.shtml).

Does a manufacturer have the right to "brick" certain integral services just because the end user doesn't feel comfortable sharing a bunch of info with LG and other, unnamed third parties? (Source: https://www.techdirt.com/articles/20140511/17430627199/lg-will-take-smart-out-your-smart-tv-if-you-dont-agree-to-share-your-viewing-search-data-with-third-parties.shtml).

16. Does the provider reserve to himself the right to unilaterally modify the software? No
No reference is made - in the contractual terms - to a provider's right to automatically update the embedded software. Moreover, the FAQs section of the website state that the customer can set the LG Smart TV in order to prevent or allow the automatic updates.


You agree not to: [...] Disassemble, reverse engineer or otherwise decompile your LG Smart TV and/or any software, applications, upgrades or updates made available to you through the Services or installed on your LG Smart TV, except as authorized by applicable law or license terms (Source: Terms of Use).

[W]e may choose to make changes to the Services from time to time, even if only for a few given reasons indicated in the Terms of Use (Source: Terms of Use).

If we do make any significant changes to the Services, we may inform you as necessary by appropriate means (Source: Terms of Use).

LGE reserves the right to add or remove services from its Smart TV services and to modify its Smart TV services from time to time (Source: Privacy Policy).

If you like to have the software of your LG Smart TV updated automatically, please set the Software Update Configuration to “On.” [...] If you don’t want to have an update automatically each time, you can choose to do a manual update by changing the Software Update configuration to “Off” (Source: http://gb.lgappstv.com/appspc/support/support/retrieveFaqList.lge).

Technical characteristics

1. Which is the duration of the provider role? Continuing
For the LG Smart TV to actually be a "smart" TV, it is required a continuing intervention of LG Electronics; without it, the product becomes a dumb product. In fact, LGE needs to receive some information from the LG Smart TV every time the TV is connected to the Internet, in order to power the basic functions of the TV as a "smart" TV.


We make no promises or guarantees that LG Software is free from bugs or errors or that it will always be available (Source: Legal Notice).

We use commercially reasonable efforts to provide the Services on a continuous, high quality basis [...]. It is possible that we may have to interrupt or discontinue the Services or suspend or restrict your use of all or any part of the Services where we consider it reasonably necessary for technical, operational, security, legal or regulatory reasons. We do not accept any responsibility if for any reason the Services or any part of them are unavailable at any time or for any period (Source: Terms of Use).

Our Privacy Policy explains and seeks your agreement for how we collect, use, and share information that we obtain as a result of your use of LG Smart TV Services, as well as how we use cookies. You do not have to agree to the Privacy Policy but if you do not, not all Smart TV Services will be available to you. In that case, we will still receive certain non-identifying information from your Smart TV that we need to provide the basic functions that will be available. [...] When your LG Smart TV is connected to the Internet, during the set-up process and thereafter, we will receive certain information, including Device Information [this refers to information collected about your LG Smart TV and certain related devices], that is needed to authenticate and set up your LG Smart TV, as well as power its basic functions. This information is necessary for the basic functioning of the Smart TV and does not require agreement with this Privacy Policy. However, in order to gain access to the full range of Smart TV services, you must agree to our Privacy Policy, which facilitates a greater exchange of information between your LG Smart TV and our systems (Source: Privacy Policy).

2. Is the branded hardware necessary for product usability? Yes
The LG Software can be used only to run the LG Smart TV, and the LG Smart Services can be enjoyed only if you are in possession of an LG Smart TV. Moreover, it is forbidden to disassemble, reverse engineer or decompile the hardware, the software and the service, which makes illegal those actions implemented on the hardware, the software and the service in order to enable the use of the software and the service with a different hardware.


Your use of LG Software is subject to the license terms set out below. By using LG Software, you agree to all of the terms of this license. We grant you a non-exclusive license to use the pre-installed copy of solely to the extent necessary for you to use your LG Smart TV and for no other purpose (Source: Legal Notice).

The Services are provided for the personal enjoyment of individuals or groups in possession of an LG Smart TV, whether within a domestic or commercial premises (for example a bar or hotel) and may only be used in accordance with these Terms of Use (Source: Terms of Use).

You agree not to: [...] Disassemble, reverse engineer or otherwise decompile your LG Smart TV and/or any software, applications, upgrades or updates made available to you through the Services or installed on your LG Smart TV, except as authorized by applicable law or license terms (Source: Terms of Use).

3. Is the branded software necessary for product usability? Yes
In order to use the LG Smart TV (and - therefore - also the Services provided through it), the embedded LG Software is necessary. Moreover, it is forbidden to disassemble, reverse engineer or decompile the hardware, the software and the service, which makes illegal those actions implemented on the hardware, the software and the service in order to enable the use of the hardware and the service with a different software.


In order to use your LG Smart TV, you will need to use the copy of the LG software program which is pre-installed (Source: Legal Notice).

You agree not to: [...] Disassemble, reverse engineer or otherwise decompile your LG Smart TV and/or any software, applications, upgrades or updates made available to you through the Services or installed on your LG Smart TV, except as authorized by applicable law or license terms (Source: Terms of Use).

4. Is the branded "service" necessary for product usability? No
Some services provided by LG are necessary in order for the LG Smart TV to implement its basic functions as a "smart" TV (see TC1 and CC9). Moreover, it is forbidden to disassemble, reverse engineer or decompile the hardware, the software and the service, which makes illegal those actions implemented on the hardware, the software and the service in order to enable the use of the hardware and the software with different basic services.

However, even without LG basic services, the TV is not completely unusable, but it becomes a traditional, dumb TV.

Third-party services are available on the LG Smart TV, but they can't replace LGE in powering the basic functions of the smart device (see CC8).


You agree not to: [...] Disassemble, reverse engineer or otherwise decompile your LG Smart TV and/or any software, applications, upgrades or updates made available to you through the Services or installed on your LG Smart TV, except as authorized by applicable law or license terms (Source: Terms of Use).

Our Privacy Policy explains and seeks your agreement for how we collect, use, and share information that we obtain as a result of your use of LG Smart TV Services, as well as how we use cookies. You do not have to agree to the Privacy Policy but if you do not, not all Smart TV Services will be available to you. In that case, we will still receive certain non-identifying information from your Smart TV that we need to provide the basic functions that will be available. [...] When your LG Smart TV is connected to the Internet, during the set-up process and thereafter, we will receive certain information, including Device Information [this refers to information collected about your LG Smart TV and certain related devices], that is needed to authenticate and set up your LG Smart TV, as well as power its basic functions. This information is necessary for the basic functioning of the Smart TV and does not require agreement with this Privacy Policy. However, in order to gain access to the full range of Smart TV services, you must agree to our Privacy Policy, which facilitates a greater exchange of information between your LG Smart TV and our systems (Source: Privacy Policy).

If you do not agree to our use of your Voice Information then you will not be able to use the voice command and recognition features (Source: Privacy Policy).

5. Do the device's administration rights belong to the product provider? Not available
Even if it never easy to determine whom the device's administration rights belong to, LGE has nevertheless a considerable connection with the LG Smart TVs sold:
  • the TVs directly and automatically send to him the data they collect (and moreover it doesn't seem that the TV owner can access to those data through the TV); the data collected is furthermore really broad: it includes - among others - information about consumer interaction with the device and with the content accessible through it, and even TV users' words pronounced in using the voice recognition features; we should however recognize that the customer can prevent the collection of most of this information - if he can do without some services that make his TV smart -, and even of all this information - if he can relinquish the entire smart character of his TV (see CC9 and TC1);
  • it is necessary a continuing intervention of LGE in order to enable the TV operating its basic functions when it is connected to the Internet.


We use information obtained from your LG Smart TV [..] to protect and defend our rights and property, including by way of legal proceedings (Source: Privacy Policy).

LG can receive information directly from customer's LG Smart TV: device information (it refers to information collected about your LG Smart TV and certain related devices), viewing information (information about customer's interaction with program content), basic usage information (information that records customer's interaction within the LG Smart TV), voice information (voice commands and associated data). LG can receive further information that the customer chooses to provide in order to access certain LG Smart TV Services. Information directly received from the Smart TV is not generally "personal information" - i.e. members of the household are not generally identified or identifiable - but, if the TV user becomes a member of LG Smart World and is logged-in to LG Smart World when he uses LG Smart TV Services, this information may become personally identifiable to him (Source: Privacy Policy).

Please be aware that if your spoken word includes personal or other sensitive information, such information will be among the Voice Information captured through your use of voice recognition features (Source: Privacy Policy).

If you do not agree to our use of your Voice Information then you will not be able to use the voice command and recognition features (Source: Privacy Policy).

"Our Privacy Policy explains and seeks your agreement for how we collect, use, and share information that we obtain as a result of your use of LG Smart TV Services, as well as how we use cookies. You do not have to agree to the Privacy Policy but if you do not, not all Smart TV Services will be available to you. In that case, we will still receive certain non-identifying information from your Smart TV that we need to provide the basic functions that will be available. [...] When your LG Smart TV is connected to the Internet, during the set-up process and thereafter, we will receive certain information, including Device Information [this refers to information collected about your LG Smart TV and certain related devices], that is needed to authenticate and set up your LG Smart TV, as well as power its basic functions. This information is necessary for the basic functioning of the Smart TV and does not require agreement with this Privacy Policy. However, in order to gain access to the full range of Smart TV services, you must agree to our Privacy Policy, which facilitates a greater exchange of information between your LG Smart TV and our systems" (Source: privacy Policy). Therefore, the basic functions of the TV are ensured, but not because they don't require LG's data collection, but because LG carries out these functions even if the customer doesn't agree with the privacy policy. "LG's Privacy Policy claims that most of what it collects is essential to provide these "smart" services. Indeed, many of them are" (Source: https://www.techdirt.com/articles/20140511/17430627199/lg-will-take-smart-out-your-smart-tv-if-you-dont-agree-to-share-your-viewing-search-data-with-third-parties.shtml).

6. Which possibilities does the consumer have to dispose of his data? Not Available
Nothing is said in the contractual terms which helps us to understand if the customer has the material possibility to dispose of the great amount of data collected by his LG Smart TV. However, the fact that the contractual terms don't expressly confer to the customer a right to dispose in some or any way of his data allow us to be pessimistic.

From the FAQs section of the website, however, we learn at any rate that the customer can delete his account.


We will keep your personal information for as long as is necessary for us to provide you with LG Smart TV Services or other purposes set out in this Privacy Policy (Source: Privacy Policy).

This Privacy Policy may be updated by LGE from time to time. If we make a material change to our Privacy Policy, we will update you via your LG Smart TV or other means. If you do not consent to the updated privacy policy, some Smart TV services may be restricted (Source: Privacy Policy).

So, even if you don't agree to share information, you'll still be sharing information. To top it off, you won't be able to use many of the functions that put the "smart" into LG's Smart TV (Source: https://www.techdirt.com/articles/20140511/17430627199/lg-will-take-smart-out-your-smart-tv-if-you-dont-agree-to-share-your-viewing-search-data-with-third-parties.shtml).

You can immediately sign up again as a new user using the same email ID, immediately after deleting your account. Please note however, when you delete your LG account, all related account activity logs, personal information, purchase history, etc. are all deleted and cannot be restored. Please take caution when opting to delete your account (Source: http://gb.lgappstv.com/appspc/support/support/retrieveFaqList.lge).

Usability

1. Can the consumer enjoy the product for an unlimited period? Not available
If we consider as "product enjoyment" the usability of all the TV features offered by LG Electronics at the moment of the purchase, the answer is negative, because of i. LGE's right to discontinue all or part of the services offered, and ii. the threat of a change in the Privacy Policy that may constrain the disagreeing customer to renounce to a relevant part of the TV smart features (see CC9).

If we consider as "product enjoyment" the usability of the LG Smart TV as a basic "smart" TV - i.e. as a TV able to connect to the internet, the answer is negative, because a part of the services provided by LGE is necessary in order to access the Internet (see TC4), and LGE reserves the right to discontinue the services provided (see CC9).

If we consider as "product enjoyment" the usability of the LG Smart TV as a traditional, dumb TV, we can answer affirmatively (see TC1), in so far as we consider that LG Electronics' statement about the fact that it doesn't guarantee that the embedded software will always be available (see CC9) constitutes a mere rejection of liability in case of obsolescence of the software.

2. Can the consumer sell the device? Yes
The consumer is allowed to resell the device (see CC4, CC5 and CC6), and - when he does so - he is even allowed to transfer to the new TV owner the services accessible through that specific TV (see CC).
3. Can the consumer transfer the account? No
The customer can't disclose his account credentials, but this prohibition doesn't prevent a complete enjoyment of the TV and of its features by third parties (other users allowed by the TV owner, and future owners of the TV) (see CC7).
4. Can the consumer delete his data? Not available
See CC12 and TC6.
5. Can the consumer delete his account? Yes
See TC6.
6. Can the consumer use his data? Not available
See CC11, CC13, CC14 and TC6.
7. Can the consumer use the HW and SW in combination with third party SRV? Yes
The LG Smart TV and the embedded software can be used with third-party services (see CC8), but they are not alternative to the services provided by LGE (see TC4 and CC9).
8. Can the consumer use the HW and SRV in combination with third party SW? No
The LG Software is necessary in order to use the LG Smart TV and the Services provided through it, and the use of a different software is not allowed (see TC3).
9. Can the consumer use the SW and SRV in combination with third party HW? No
The LG Software can be used only to enjoy the LG Smart TV (see TC2).

The LG Smart Services can be used only if you possess an LG Smart TV (see TC2).

10. Can the consumer use the HW in combination with third party SW and SRV? No
The LG Software is necessary in order to use the LG Smart TV, and the use of a different software is not allowed (see TC3).
11. Can the consumer use the SW in combination with third party HW and SRV? No
The LG Software can be used only to enjoy the LG Smart TV (see TC2).
12. Can the consumer use the SRV in combination with third party HW and SW? No
The LG Smart Services can be used only if you possess an LG Smart TV (see TC2).