Everysk Terms & Conditions: 4 Critical Legal Risks and How to Fix Them | Erayaha

When Privacy Policies Create Million-Dollar Risks: Everysk’s Hidden Legal Gaps

Imagine facing a €20 million GDPR fine or a class-action lawsuit over ambiguous data retention. Our analysis of Everysk’s Terms & Conditions uncovers four critical legal and logical errors that could expose the company to severe regulatory and financial consequences. Here’s what our review reveals—and how these issues can be fixed before they become costly liabilities.

1. Ambiguous Data Retention Policy: No Defined Retention Period Everysk’s policy states, “There is no set retention period for the personal data we collect.” This lack of specificity directly contradicts GDPR Article 5(1)(e), which requires personal data to be kept no longer than necessary. Without a defined retention schedule, Everysk risks regulatory scrutiny and potential fines up to €20 million or 4% of annual global turnover.

Legal Analysis

critical Risk

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TherePersonal data is no setretained only for as long as necessary to fulfill the purposes for which it was collected, or as required by applicable law. Specific retention periodperiods for each data category are outlined in Appendix A of this policy. Upon expiration of the personalrelevant retention period, data we collectwill be securely deleted or anonymized.

Legal Explanation

The original clause fails to comply with GDPR Article 5(1)(e) and similar requirements under CCPA and LGPD, which mandate that personal data not be kept longer than necessary. The revision introduces clear retention schedules and deletion protocols, reducing regulatory risk and improving transparency.

2. Insufficient Details on Data Subject Rights and Procedures While Everysk references GDPR, CCPA, and LGPD compliance, the policy lacks concrete procedures for users to exercise their rights (e.g., access, correction, deletion, objection). This omission can result in non-compliance with GDPR Articles 12-23, CCPA §1798.105, and LGPD Articles 18-20, exposing Everysk to regulatory penalties and user litigation.

Legal Analysis

high Risk

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You have the right to access, correct, delete, restrict, or request deletionobject to the processing of your personal data, and to data portability, as provided by applicable law. Requests can be submitted via [designated online form/email], and will be addressed within 30 days as required by GDPR, CCPA, and LGPD. Detailed procedures for exercising these rights are described in Appendix B.

Legal Explanation

The original clause is incomplete and lacks actionable procedures, risking non-compliance with GDPR, CCPA, and LGPD. The revision provides a full list of rights, clear submission methods, and response timelines, ensuring enforceability and regulatory alignment.

3. Incomplete Data Breach Notification Protocol The policy mentions data breach notifications but fails to specify notification timelines or affected party procedures. GDPR Article 33 requires notification within 72 hours of becoming aware of a breach. Failure to comply can result in fines and reputational damage, with average breach costs exceeding $4 million (IBM, 2023).

Legal Analysis

high Risk

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Our policy includes details onIn the event of a personal data subject requestsbreach, data protection officer contact (if applicable),Everysk will notify affected individuals and procedures for datarelevant supervisory authorities within 72 hours of becoming aware of the breach notifications, as required by GDPR Article 33. Notification will include the nature of the breach, likely consequences, and measures taken to address it.

Legal Explanation

The original clause lacks specificity regarding breach notification timelines and content, which are mandated by GDPR and similar laws. The revision ensures compliance and reduces risk of fines and reputational harm.

4. Overbroad Use of Personal Data for Marketing Everysk states it uses personal data for “marketing purposes,” but does not specify the legal basis (e.g., consent, legitimate interest) or provide opt-out mechanisms. This vagueness risks violating GDPR, CCPA, and LGPD, potentially triggering regulatory actions and eroding user trust.

Legal Analysis

high Risk

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ThePersonal information we collect is used to improve our services, tailorfor targeted marketing only with the user experience’s explicit consent or where a legitimate interest is established, in accordance with GDPR, CCPA, and LGPD. Users are provided with clear opt-in and opt-out mechanisms for targetedall marketing effortscommunications.

Legal Explanation

The original clause is overly broad and fails to specify the legal basis for marketing use or provide opt-out mechanisms, risking non-compliance with privacy laws. The revision clarifies lawful bases and user controls, reducing regulatory and reputational risk.

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Conclusion: Proactive Legal Protection is Essential Our examination shows that these four issues could expose Everysk to millions in fines, litigation costs, and loss of customer confidence. Addressing these gaps with precise, enforceable language is not just best practice—it’s essential risk management.

**Are your contracts and policies exposing your business to preventable legal risks? What would a major regulatory audit reveal about your compliance posture? How much could a single ambiguous clause cost your company?**

*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 regarding liability limitations.*