Notices

Recently a new app became available for the N9, which is also available for iPhone, Android, Blackberry, and Symbian, called 'WhozCalling'. It claims to be able to tell you who is calling by name even if you don't have that information in your contacts list. However I didn't test it as I didn't get beyond reading the Terms and Conditions and aborted the install. Here's why:

"You agree to share your number for verification and checking your favorites from contacts purposes. You agree that the application will have access to your mobile contact list available. You agree that any material, information, or other communication relating to the Software, including all data and other things embodied therein, that you transmit to InMobiles, will be considered non-confidential (Communications). InMobiles will have no confidentiality obligations with respect to the Communications. You agree that InMobiles and its designees will be free to copy, modify, create derivative works, publicly display, disclose, distribute, license and sublicense through multiple tiers of distribution and incorporate and otherwise use the Communications, including derivative works thereto, for any and all commercial or non-commercial purposes without compensation or other obligation and that InMobiles is the sole and exclusive owner of any and all such modifications and derivative works."

Would anybody install this if they knew this is what InMobiles promised to do with their data? Does their software work by cross-comparing incoming calls with the information they've been busy collecting from other people's phones? If so, I find this incredible, and it is even more incredible that they take ownership of your contacts list and basically give themselves the rights to do anything they want with it. Is this even legal?

Well, it is the internet, what is legal in one country, is forbidden in another...
Everyone has to stand up, like you did! They are really cheeky as hell to calculate that nobody actual reads the shite!
Thanks for sharing!

It sounds like that is exactly how their software works, plus they are compiling a mega phone directory in the background which they can sell to third parties.

I guess it's legal if they've asked permission from each user and each user has said yes, but then I am not a lawyer.

As I understand it, the application will access not only my own contact details, but also all data stored in my address book. I could maybe agree to share data about myself. I highly doubt that it'd be legal for them to harvest information about other people without their consent. That'd be like burglars asking my neighbours if it's OK to rob my house and using a possible "Yes" (or a "I don't have time to read this") as a legally binding excuse.

I've looked on a couple of Android sites where this app is also available and you see pretty much unequivocal praise for how well this app works.. which proves two things:

(1) Android users tend to be sheep and download apps without reading ToS or thinking about the implications; on BOTH Ovi Store and My-Meego other users have warned about the ToS of this program and this is how I first learned of it

(2) If it really is working like people say (and praise it for) then it means they've already harvested a massive amount of data, because the chances of random people calling me and their details being already known to this company are quite small (vanishingly so) unless their database is really quite large already. I would think this database would be extremely valuable to nefarious business types that could have all sorts of unsavoury uses for it.

Further, it appears not only do they access all my friends and business contacts in my phone, but their ToS allows them to get any and all data they find there - so not only phone numbers (which is all they need for their app to work as advertised) but also street addresses, IM details, and so on - it's all right their in their ToS.

Even though it is in their Tos I would think that such a violation of privacy would require some sort of warning before you download their application, and so even if it is legal, the mere fact that it is in their ToS might not be a defence in a court of law. Their practice, arguably, amounts to a sort of deception because it is so unexpected.

I wrote to the company concerned (there is an email address on their website) and this is the reply I received (note the hastily composed English - is this company run by a teenager?):

I don't think they are "warning ppl" as it is put here. An obscure paragraph at the end of a ToS most people will not bother to read, and which they know most people will not bother to read, is hardly a "warning".

Interestingly, the site is registered in Lebanon and appears to be operating out of Beirut. What should we make of that?

1) You must be sheep to go for a Google-owned phone system!
2) Anyone could go and open an account to finally praise that software, even the software distributor him/herself!

My opinion: Even though those Google folks from time to time remove rogue software from their market, they do not have any clue, what the software they are distributing is about. They only act, when too many complains arrive.
Though Nitdroid is a technically great project, i would not use it, if they would achieve fully working conditions for the N900

What do you make of that?

Don't know. One thought that it might make it more difficult to bring legal action against the company, if ever that were justified (I don't know if it ever would be or not). But actually I have no idea on how different countries stack up with regards to legal action.

If it's any consolation, in the event that you do want to take legal action it's probably cheaper to hire a lawyer in Lebanon than eg the US

it working 100% tried it on Android and Meego.

it shows the name for the numbers as stored on other ppl's contact list example for one number its showed me a nickname that only close ppl knows for this person and another number it showed me the exact name of the person calling. Also it identifies SMS and their sender in separate Tab.

Similar working app is TrueCaller on iOS but this can give a search option by name or number which is not available on Whozcalling.