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August 31, 2012

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Apple repair policies 'unfair' to consumers

SOME of Apple Inc's repair clauses regarding personal data protection, information use and compensation are against China's laws and harm consumers' rights, the China Consumers Association said yesterday.

The announcement came after the technology giant left many of the clauses in question unchanged in the latest version of its after-sales service policy following similar accusations that were lodged by the association in June.

Ten of Apple's repair clauses are said to be "unfair" by the association. It urges Apple to abide by Chinese laws and respect the legal rights of Chinese consumers.

"Most unfair clauses have yet to be addressed or corrected," the CCA said, suggesting that Apple's recent revisions were not enough to fix the issues.

One of Apple's repair clauses states that users should copy data and remove anything confidential or exclusive before sending Apple's products for repair.

"Apple specifically does not warrant that it will be able to repair or replace your product without risk to or loss of programs or data and maintain the confidentiality of data," it says.

The association said repair operators are liable for maintaining the confidentiality of business or personal information, as required by China's appliance repair rules.

Thus "Apple should be responsible for keeping the secrecy of data stored in its products during repair," it said.

Apple promises in its customer privacy policy to take precautionary measures, both administratively and technically, to present loss, misuse, exposure or damage of personal information, which means it has the capability to protect personal data, the association said.

Another clause under fire said users "agree and understand that it is necessary for Apple to collect, process and use your data in order to perform the service and support obligations under these Terms and Conditions."

It fails to place any limit on the scope of collecting, processing and using consumers' private information, the association said.

Apple's customer privacy policy said "the personal information we collect allows us to keep you posted on Apple's latest product announcements, software updates, and upcoming events." China's regulations state that any information obtained during a repair cannot be used in areas with no relation to repair work.

"Apple imposes its will on consumers with such terms," the association said.

It also criticized a clause stating consumers must pay transportation fees in any case, even if it is Apple's fault or a product deficiency that causes the repair.

Apple could not be reached for comment yesterday.

Experts said the adjustments made by Apple are small and vaguely worded.

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