15. This policy is valid for one month from the time you
visit our site. If our information practices change in the
future, we will use only data collected from the time of
the policy change forward for these new purposes, or
we will contact you before we use your data for these
new purposes and offer you the ability to opt out of
these new uses.
– VOASA Privacy Policies for Businesses and Consumers
16. “For Web site visitors who make purchases or otherwise sign on to
our site…
When you sign on to our site or make a purchase, we collect your
name, company name, contact information, profile and preference
information.
When you make a purchase we retain the details of your current
purchase and we keep information on your purchase history.
This information is used by us and/or our agents: to support your
interaction with our site, to deliver your purchases and to contact
you again about other services and products we offer. We may also
share your name and geographic address with our members who
have offers we think may interest you. These members may in turn
contact you.”
– VOASA Privacy Policies for Businesses and Consumers
17. You need to do things a little
differently ...
25. “If you try to stick up for what you have a
legal right to do, and you're somewhat
worse off because of it, that's an interesting
concept.”
Michael Avery, Toshiba’s attorney,
commenting on the 2007 Digg revolt
29. Paul Jacobson
@pauljacobson
paul@webtechlaw.com
Web•Tech•Law
@webtechlaw
webtechlaw.com
Hinweis der Redaktion
\n
My name is Paul Jacobson. I am web.tech.law’s director and a self-styled Web and digital media lawyer. This is where you can find me on Twitter, feel free to talk about me as we go.\n
\n
The temptation is to think that everything is different since the Web became social and that the way we do everything has changed\n
The truth, as I see it, is that while the means we use to do what did before have changed, our underlying behaviours are pretty much the same\n
This is where things are changing rapidly. The Cluetrain is the unheralded social media bible. It talks about a shift from a command and control approach to business to a conversational model which is fast becoming the norm.\n
When the Web became social, a variety of new social platforms emerged which are changing how we do virtually everything.\n
Much of what people are doing on the social Web, they did before they started using social media\n
\n
When you market to your potential customers, you may think you are engaging with your customers like this ...\n
But what your customers experience is more like this!\n
The impact on marketing has been profound. For one thing it has given marketers ways to collect vast amounts of personal information.\n
Privacy is about choice more than its about secrecy.\n
If you did, was the consent opt-in or opt-out?\n
The policy is the basis for consent to process personal information. This is confusing and contradictory:\n1. 1 month validity (and consent ends?). 2. Opt-out focus when policy changes?\n
Is this consistent with informed consent? Customers are aware they are transacting with VOASA but do they expect their personal information to be passed around like this?\n
\n
POPI is still being drafted but incorporates stronger opt-in requirements for electronic marketing (SMS, email)\n
POPI is largely hypothetical but these two self-regulatory codes are in effect now.\n
\n
Where many marketers go wrong is they expect the Web to be another 1 way push channel. Remember, this is a conversational medium. Prospective and existing customers are talking about you.\n
Some of those customers are very vocal about your marketing practices\n
Streisand-Giggs-Spear Effect: where traditional legal approaches dramatically aggravate the harm clients have suffered in spite of clear legal remedies that should prevent further harm. Barbara Streisand (2003). Coastal properties photographed, sued for $50 million for privacy infringement, went public, 420 000+ views\n
Streisand-Giggs-Spear Effect: where traditional legal approaches dramatically aggravate the harm clients have suffered in spite of clear legal remedies that should prevent further harm. Barbara Streisand (2003). Coastal properties photographed, sued for $50 million for privacy infringement, went public, 420 000+ views\n
\n
It may not matter what your legal rights are, you customers probably don’t care.\n