Saving a Save to Google Pay Item constitutes prior express consent to receive merchant communications through Google Pay. Users can stop in-app merchant communications by removing the item, but removing the item does not discontinue the underlying Loyalty Program or communications from that merchant outside of Google Pay.
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This provision establishes that the act of saving an item constitutes express consent to receive merchant communications, and that opting out within Google Pay does not fully discontinue the merchant relationship. Users who wish to end a Loyalty Program entirely must contact the merchant directly.
Interpretive note: Whether the act of saving an item constitutes valid 'prior express consent' under GDPR and national electronic communications laws is jurisdiction-dependent and may be assessed differently by individual data protection authorities.
Under this clause, saving a Save to Google Pay Item is treated as prior express consent to receive communications from the associated merchant through Google Pay. Removing the item stops in-app communications but does not end the merchant's Loyalty Program or communications outside of the Google Pay platform.
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"By saving a Save to Google Pay Item, you agree you are providing your prior express consent to receive communications from a third-party merchant directly to you through Google Pay. Google does not create or control the content sent by the merchant to you. You may remove the Save to Google Pay Items from Google Pay at any time to stop receiving merchant communications through Google Pay (although this will not discontinue your participation in the merchant's Loyalty Program or discontinue communications from that merchant to you outside of Google Pay). To discontinue a Loyalty Program completely, you must contact the specific merchant directly.— Excerpt from Google Ads's Google Ads Terms of Service
(1) REGULATORY LANDSCAPE: This provision may interact with the EU ePrivacy Directive and national electronic communications laws governing consent to commercial messages. In the UK, the Privacy and Electronic Communications Regulations (PECR) govern consent to direct marketing. The mechanism by which saving an item constitutes 'prior express consent' may require evaluation under frameworks that require unambiguous, specific consent for marketing communications. (2) GOVERNANCE EXPOSURE: Medium. The bundling of consent to merchant communications into the act of saving a loyalty or offer item may face scrutiny under GDPR's requirement that consent for marketing be freely given, specific, and separate from consent to receive the service. The disclosure that removing the item does not end the merchant relationship is operationally significant. (3) JURISDICTION FLAGS: EU and EEA users have heightened rights under GDPR and the ePrivacy Directive regarding consent to direct marketing. UK users are subject to PECR. In jurisdictions where bundled consent is not recognized as valid, merchants relying on this mechanism may face enforcement risk. (4) CONTRACT AND VENDOR IMPLICATIONS: Merchants using the Save to Google Pay feature should assess whether the consent mechanism described in this provision satisfies applicable direct marketing consent requirements in their operating jurisdictions. The statement that Google does not control merchant communications content places responsibility for compliant communications on the merchant. (5) COMPLIANCE CONSIDERATIONS: Users seeking to fully exit a merchant's communications and Loyalty Program must contact the merchant directly, as removal from Google Pay is insufficient. Compliance teams advising merchant clients on the Save to Google Pay feature should assess whether the consent mechanism meets applicable marketing consent standards.
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This provision establishes that the act of saving an item constitutes express consent to receive merchant communications, and that opting out within Google Pay does not fully discontinue the merchant relationship. Users who wish to end a Loyalty Program entirely must contact the merchant directly.
Under this clause, saving a Save to Google Pay Item is treated as prior express consent to receive communications from the associated merchant through Google Pay. Removing the item stops in-app communications but does not end the merchant's Loyalty Program or communications outside of the Google Pay platform.
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