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March 20th, 2005, 04:24 AM #1
A Dare to Any Linkshare Merchants
- Join Date
- January 18th, 2005
Since I have been speaking with a few in private with various degrees of understanding, and some just being 100% full of BS.
Let me make this dare so you can be 100% sure what Linkshare is asking of affiliates.
Sign an agreement, that allows me to run a credit check on your company and a personal credit check on each and every officer of your company.
And in my agreement with you, there will be no wording about what I am allowed or not allowed to do with the data collected, in fact, all it will say - "I can do anything in the world I want with the credit information gained by running credit checks on your company and officers."
Would you sign such an agreement if one of your affiliates asked you to? Would you signe that agreement if Linkshare asked you to?
Because what linkshare asks of its affiliates, it does not ask of its merchants*.
*As I have been told by a merchant who will soon be leaving linkshare, or at least they say. Can any other merchant publicly confirm that the linkshare merchant agreement does not ask to be able to run personal credit checks on the officers of the merchant' s company?
ps. And save the post of what a great guy you are and how this stinks blah blah blah but this is what is needed for the industry, because if this is needed for the industry - then THIS IS NEEDED FOR THE INDUSTRY.
March 20th, 2005, 12:00 PM #2A time to make a stand
The State of Georgia has laws on the books regarding the safekeeping and disposal of personal identifying information on consumers and businesses that help protect residents of Georgia. http://www.stopidentitytheft.org/help_biz.html
The position taken by LinkShare in controlling access to information collected not only sound irresponsible in this day and age of rampant identity theft, but they open the floodgates for future lawsuits. With even stronger laws and penalties being considered, I wonder if they could survive a breach in their security (doesn't sound like they take security of affiliate information very seriously) whether their clause indicating no restrictions on what they can do with our information would stand up in court. They appear to have a reckless disregard for their affiliates. What makes you think that LinkShare will own up to responsibility if they "mistakenly" sold our credit info to the Mafia or organized crime who then resold it to anyone willing to pay their price.
The Gramm-Leach Bliley Act (also known as the Financial Modernization Act of 1999) establishes guidelines for the protection of personal financial information. (15 U.S.C. § 6803)
However, despite the rights described above, other participants in the marketplace are not bound by law to develop similar protections and disclosure practices.
Perhaps we should ask EPIC (Electronic Privacy Information Center) http://www.epic.org/ to review LinkShare's new Contract for possible remedies.
EPIC’s litigation strategy follows five principles:
- To vigorously pursue pending matters to a favorable conclusion;
- To initiate or defend emerging legal challenges implicating free speech, privacy, anonymity, and open access, particularly in an online or electronic environment;
- To actively promote the public dissemination of materials obtained under the Freedom of Information Act;
- To provide assistance to attorneys, consumer and civil liberties organizations on legal matters as needed; and
- To seek the participation of consumer and civil liberties organizations as well as technical and legal experts as appropriate so as to expand public involvement in emerging legal issues.
Last edited by Gjenvick-Gjønvik; March 20th, 2005 at 12:08 PM. Reason: Added link to EPIC
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