Eric Goldman writes that Instacart uses Stripe as a payment processor and that a court recently held that Stripe bound consumers to it privacy policy by an enforceable sign-in-wrap (Eric’s post has a screencap of the relevant screen inserted). From the opinion:
The Court finds Instacart’s privacy policy conspicuous and obvious for several reasons. First, the hyperlink to the privacy policy is displayed in a bright green font against a white background, which stands out from most of the surrounding text. Further, the hyperlink to the privacy policy is located close to the “place order” button, thus it is hard for a user placing an order to miss it. The bold font alerting consumers to the amount of the charge hold placed on their card calls additional attention to the area where Instacart’s privacy policy is located.
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