When users scan their barcode, the preview window is zoomed in so users think its mostly barcode. We actually get quite a bit more background noise typically of a fridge, supermarket aisle, pantry etc. but it is sent across to us, stored, and trained on.
Within the next year we will have a pretty good idea of the average pantry, fridge, supermarket aisle. Who knows what is next
That's all they need to do to cover themselves.
With this broad of a privacy policy, they can start MyFitnessPal.com/UncroppedCandidPhotos where they let people search for users by name, email, or phone and sell your photos to the highest bidder, and that still would count as a Service that uses photos to customize. You consented to it!
> This feels like the kind of flimsy reasoning that only holds so long as no one is challenging it.
No, it is written by professional lawyers to be as permissive as possible.
But you repeat myself.
OK, say they do all that, that isn't customisation (I would argue) it is a new service that was built from unconsented data scraped from users of the pre-existing services. Call that splitting hairs if you like, but this looks like a risk to me.
If this is real and not a joke, I bet some DPA will disagree if this is brought to their attention. Effective consent under GDPR requires informed consent.