MASS Design Group Terms & Conditions: Critical Legal Risks and Compliance Gaps Uncovered | Erayaha

## Uncovering Legal and Financial Risks in MASS Design Group’s Terms & Conditions

Imagine a nonprofit facing a $2.5 million GDPR fine or a costly CCPA class action—all due to overlooked contract language. Our analysis of MASS Design Group’s Terms & Conditions reveals several critical legal risks that could result in significant financial and reputational harm if left unaddressed.

1. Ambiguous Data Collection and Use: Regulatory Fines Loom The current language permits broad collection and use of personal information, lacking specificity required by GDPR (Art. 5, 6) and CCPA. This ambiguity exposes MASS to regulatory scrutiny and potential fines up to €20 million or 4% of annual global turnover under GDPR, and $7,500 per violation under CCPA.

Legal Analysis

high Risk

Removed

Added

The personal information that we collect is used and stored to keep you informed of our worksolely for the specific purposes outlined in this policy, to provide our services,in accordance with applicable privacy laws including GDPR and to analyze and enhance the operation of our Site and servicesCCPA. We may also use yourwill not process personal information for operational and administrativeany additional purposes without obtaining explicit consent or establishing a lawful basis as required by law.

Legal Explanation

The original clause is overly broad and fails to specify lawful purposes for data processing, risking non-compliance with GDPR Art. 5 and CCPA requirements. The revision limits use to specific, lawful purposes and requires proper legal basis or consent.

2. Insufficient Data Deletion Rights: Non-Compliance with Data Subject Requests While the policy references deletion rights, it carves out broad exceptions and lacks a clear, time-bound process for honoring data subject requests. This gap could trigger enforcement actions, with GDPR imposing strict timelines (one month) and CCPA mandating prompt response.

Legal Analysis

high Risk

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Added

You have the right to have us deleterequest deletion of your personal information, with certain exceptions. We cannot delete informationsubject to legal retention requirements (i) stored in our data backups and archivese.g., and (ii) related tofor donations, because under US IRC Section 501(c)3 requires us to identify the sources of receipts by maintaining a list of donors and grantors and the amount of cash contributions or grants (or a description of the non-cash contributions) received from each. If you would like usWe will respond to remove your personal informationverified deletion requests within one month (exceptor as provided directly aboverequired by applicable law) from our databases, please contact us atand will provide written confirmation of deletion or explain any lawful basis for retention. Requests can be made by contacting [email protected].

Legal Explanation

The original clause lacks a clear process and timeline for responding to deletion requests, risking non-compliance with GDPR Art. 12 and CCPA. The revision establishes a defined response period and transparency, reducing enforcement risk.

3. Inadequate Third-Party Data Processing Controls: Vendor Risk Exposure The terms allow third-party service providers access to personal data but do not require explicit contractual safeguards (GDPR Art. 28). Without these, MASS could be held liable for vendor breaches, leading to litigation and regulatory penalties.

Legal Analysis

critical Risk

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TheseAll third-party service providers may havewith access to your Personal Information, as is necessary for thempersonal information are contractually required to perform the tasks assignedimplement appropriate technical and organizational measures to themprotect data, process it only on our behalfinstructions, such as marketing, analyzing data and usage of our services, hosting and operating the Site or providing support and maintenance services for the Sitecomply with applicable privacy laws (including GDPR Art. However, they are obligated not to disclose or use the information28). We regularly audit vendors for any other purposecompliance and require data breach notification within 72 hours.

Legal Explanation

The original clause does not require contractual safeguards or compliance with privacy laws for vendors, exposing MASS to liability for third-party breaches. The revision mandates legal compliance, audits, and breach notification.

4. Lack of Clear International Data Transfer Mechanisms International users are told their data will be transferred to the U.S., but there is no mention of appropriate safeguards (e.g., Standard Contractual Clauses, Privacy Shield alternatives). This omission could invalidate transfers and expose MASS to EU enforcement actions.

Legal Analysis

high Risk

Removed

Added

For users outside the United States, please note that any data or personal information you provide to the services or Sitedata will be transferred out of your country and intoto the United StatesU. You warrant that you have the right toS. in accordance with applicable data transfer mechanisms (such information outsideas Standard Contractual Clauses or other approved safeguards under GDPR). We ensure that all international transfers comply with relevant data protection laws to safeguard your country and into the United Statesrights.

Legal Explanation

The original clause lacks reference to lawful transfer mechanisms required by GDPR (Art. 44-49). The revision ensures compliance with EU data transfer requirements and reduces enforcement risk.

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Conclusion: Proactive Legal Protection is Essential Our examination reveals that MASS Design Group’s current terms expose the organization to substantial regulatory, financial, and reputational risks. Addressing these issues with precise, enforceable language and compliance mechanisms is essential to avoid costly penalties and litigation.

Are your organization’s terms keeping pace with evolving privacy laws? What would a regulatory audit reveal about your data practices? How much risk are you willing to accept in your contracts?

This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.