Following on the heels of this story, I have another story about the dark side of sex toys and the Internet. Which to be clear isn’t really about sex toys. But it is about your privacy.
404 Media is reporting on a lawsuit where a woman is suing Adam & Eve for collecting details of her searches sex toys on their site. Brace yourself for the details:
A woman just brought a class action lawsuit against one of the biggest online retailers for sex toys, Adam and Eve, claiming that the site gave Google information about her searches for 8-inch dildos and strap-on harnesses.
The plaintiff, who isn’t named in the complaint but goes by “Jane Doe,” claims that Adam and Eve uses Google Analytics, which has an anonymization feature that obscures IP addresses of users, but that the site didn’t have that feature enabled. She’s suing PHE, the owner of Adam and Eve, as well as Google, for allegedly disclosing her “sexual preferences, sexual orientation, sexual practices, sexual fetishes, sex toy preferences, lubricant preferences, and search terms” without her consent.
“By using the Google Analytics tool without anonymized IP feature, PHE is sharing with Google Plaintiff’s online activity, along with her IP addresses, even when consumers have not shared (nor have consented to share) such information,” the complaint claims.
Specifically, the plaintiff takes issue with PHE telling Google that she was browsing the site’s categories for “lesbian toys,” women’s sex toys, and realistic dildos. The complaint describes her online shopping trips in detail, claiming that Analytics captured her looking at listings for “Kingcock Strap-on Harness With 8-Inch Dildo” and showed that she added a “Pink Jelly Slim Dildo” to her cart. It also claims that “any information submitted by consumers through the search bar on the site’s homepage is shared with Google,” which in her case was a search for “strap-on dildo.”
“The above information, combined with the consumer’s IP address, enables Google to identify the person who has interacted with PHE’s Website or has submitted information through the site,” the complaint claims. “Website consumers did not know that the communications between them and PHE would be shared with a third party, Google. PHE did not obtain consent or authorization of Website consumers to disclose communications about their Private and Protected Sexual Information. The surreptitious disclosure of Private and Protected Sexual Information is an outrageous invasion of privacy and would be offensive to a reasonable person.”
She’s suing PHE and Google for violations of the California Invasion of Privacy Act, which prohibits services from communicating information about users to third parties without their consent. Someone doesn’t have to have suffered “actual damages” to bring legal action under CIPA, and can sue for $5,000 per violation.
Now Google is saying that it doesn’t try to identify individuals and has policies to try and stop that from happening. And it’s really up to the retailer to do the right thing. In other words, Google is using the Shaggy excuse. As in “it wasn’t me.” Adam & Eve didn’t have anything to say to 404 Media. But let’s just take a step back and take the words “sex toys” out of this discussion. What this is really about is the fact that ANY retailer can take your shopping habits, collect that up, and use it or sell it however they see fit. If you’re on Amazon, you might not have an issue with that. But if you are shopping for something more “personal” you might have a problem with that. This really isn’t new. But it highlights the fact that your data is valuable and retailers will want to make money off of it, even if you don’t buy anything from them. That’s something that you might want keep in mind if you shop online.
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This entry was posted on February 21, 2024 at 9:02 am and is filed under Commentary with tags Privacy. You can follow any responses to this entry through the RSS 2.0 feed.
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Woman Sues Sex Toy Company For Collecting Her Sex Toy Searches…. No I Am Not Making This Up
Following on the heels of this story, I have another story about the dark side of sex toys and the Internet. Which to be clear isn’t really about sex toys. But it is about your privacy.
404 Media is reporting on a lawsuit where a woman is suing Adam & Eve for collecting details of her searches sex toys on their site. Brace yourself for the details:
A woman just brought a class action lawsuit against one of the biggest online retailers for sex toys, Adam and Eve, claiming that the site gave Google information about her searches for 8-inch dildos and strap-on harnesses.
The plaintiff, who isn’t named in the complaint but goes by “Jane Doe,” claims that Adam and Eve uses Google Analytics, which has an anonymization feature that obscures IP addresses of users, but that the site didn’t have that feature enabled. She’s suing PHE, the owner of Adam and Eve, as well as Google, for allegedly disclosing her “sexual preferences, sexual orientation, sexual practices, sexual fetishes, sex toy preferences, lubricant preferences, and search terms” without her consent.
“By using the Google Analytics tool without anonymized IP feature, PHE is sharing with Google Plaintiff’s online activity, along with her IP addresses, even when consumers have not shared (nor have consented to share) such information,” the complaint claims.
Specifically, the plaintiff takes issue with PHE telling Google that she was browsing the site’s categories for “lesbian toys,” women’s sex toys, and realistic dildos. The complaint describes her online shopping trips in detail, claiming that Analytics captured her looking at listings for “Kingcock Strap-on Harness With 8-Inch Dildo” and showed that she added a “Pink Jelly Slim Dildo” to her cart. It also claims that “any information submitted by consumers through the search bar on the site’s homepage is shared with Google,” which in her case was a search for “strap-on dildo.”
“The above information, combined with the consumer’s IP address, enables Google to identify the person who has interacted with PHE’s Website or has submitted information through the site,” the complaint claims. “Website consumers did not know that the communications between them and PHE would be shared with a third party, Google. PHE did not obtain consent or authorization of Website consumers to disclose communications about their Private and Protected Sexual Information. The surreptitious disclosure of Private and Protected Sexual Information is an outrageous invasion of privacy and would be offensive to a reasonable person.”
She’s suing PHE and Google for violations of the California Invasion of Privacy Act, which prohibits services from communicating information about users to third parties without their consent. Someone doesn’t have to have suffered “actual damages” to bring legal action under CIPA, and can sue for $5,000 per violation.
Now Google is saying that it doesn’t try to identify individuals and has policies to try and stop that from happening. And it’s really up to the retailer to do the right thing. In other words, Google is using the Shaggy excuse. As in “it wasn’t me.” Adam & Eve didn’t have anything to say to 404 Media. But let’s just take a step back and take the words “sex toys” out of this discussion. What this is really about is the fact that ANY retailer can take your shopping habits, collect that up, and use it or sell it however they see fit. If you’re on Amazon, you might not have an issue with that. But if you are shopping for something more “personal” you might have a problem with that. This really isn’t new. But it highlights the fact that your data is valuable and retailers will want to make money off of it, even if you don’t buy anything from them. That’s something that you might want keep in mind if you shop online.
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This entry was posted on February 21, 2024 at 9:02 am and is filed under Commentary with tags Privacy. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.