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  1. #1
    Member blizzard's Avatar
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    'Privacy' Policy?
    I was a little surprised when CJ required affiliates aka publishers to put a privacy policy on their sites, but I figured what the heck, let's keep things squeaky clean.

    And then the switch to JS is announced.

    Which will allow CJ to massively invade visitor's privacy, if they choose. And since $ is involved, of course they'll choose to do it.

    What are your feelings on having a supposed 'privacy' policy notice on your site where you're claiming everything is fine while CJ is gathering every bit of data on your visitors they possibly can?

    Or this just how the world works nowadays?

  2. #2
    general fuq mrbshouse's Avatar
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    I didn't claim everything was alright ;-(, but I simply listed that my site may use cookies to provide info on computer settings and to help keep your browser up to date with where you've been on our site. Additionally some links go to commissionable offers and we have no idea how this info is used and offer no guarantees for their actions.

    it's like shooting myself in the foot for those who wish to read it, but with no information coming from the network requesting this be posted, it seemed like the only thing to post.

    Given a recent post from Ms B, I could have been more specific about it being likely that PII will be used to market to visitors clicking on some of the commissionable links, even after they leave any linked websites. (something to this nature may now be legally required, but I don't know that for fact)


    ...I guess I know better now

  3. #3
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    This is strictly my opinion but as a former attorney I would be VERY concerned about putting up the JS links even with a privacy policy.

    You are opening the door for advertisers to collect private information from visitors to your site that the visitors neither agreed to nor gave permission for.

    Yes, you could argue you have a privacy policy but realistically how many people actually read the privacy policy of a site they are just browsing? Not many I'm sure. Judges know that too. It just takes one judge to say the privacy policy wasn't sufficiently visible or didn't cover everything the judge thinks it needed to and then you're on the hook for the information CJ/VC collects.

    With the huge uproar these days over protecting the privacy of internet users, CJ/VC could easily become a target of a class action attorney. To reach CJ/VC the attorney would have to go through the site of at least one publisher. Do you want to take the chance of being the unlucky publisher who gets pulled into a class action lawsuit so the class action attorneys can go after CJ/VC?

  4. #4
    general fuq mrbshouse's Avatar
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    The good news is the penalty is not more than 3 mil...

    I was ready to point out parts that I'm concerned about, but it seems that no one has really made this an issue of this, so i'd love to hear what everyone else has to say.

    Please follow the link and give it a quick read http://thomas.loc.gov/ do a search for hr 29 (cgi-bin display limits link) The 2nd match was dated may 24 2005. On that day it was passed (393 Ayes, 4 Nays) and one year later the bill was enacted.

    How much do we have to worry about this?

  5. #5
    What's the word? Rhia7's Avatar
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    Quote Originally Posted by Kip

    With the huge uproar these days over protecting the privacy of internet users, CJ/VC could easily become a target of a class action attorney. To reach CJ/VC the attorney would have to go through the site of at least one publisher. Do you want to take the chance of being the unlucky publisher who gets pulled into a class action lawsuit so the class action attorneys can go after CJ/VC?
    CJ/VC would have to do something [to the detriment of the users] with the javascript information in order to provoke a class action, wouldn't they?
    ~Rhia7 -- Remember the 7
    Twitter me

  6. #6
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    Yes. I'm assuming that CJ wouldn't have the following items placed in their privacy policy unless they will eventually go in that direction. Here is part of CJ's Privacy Policy as quoted by Kellie:

    Quote:
    The ValueClick Network may make any PII provided in responding to an advertisement available to the company sponsoring the advertisement, as well as to other trusted third parties in accordance with the terms of this privacy policy. As a result, you may receive information on additional products, services and offers that may be of interest to you.


    and
    Quote:
    The ValueClick Network may share PII (including information that has been enhanced with information from other sources) with advertisers, third party marketers, our affiliated entities for their online and/or offline marketing programs


    If they use information collected as users visit our websites to spam them or send them junk mail or otherwise contact them, IMO that could be considered a 'detriment to the user.'

  7. #7
    general fuq mrbshouse's Avatar
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    yes but there are EXCEPTIONS in HR 29 especially for
    (ii) a party authorized to facilitate the display or functionality of Web pages within the Web site accessed.

    i'm sure that CJ went over this well, before deciding on this change, but how does HR 29 effect us and does their plan fall within given exceptions?

  8. #8
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    HR 29 isn't a law yet, right? It's still just a bill. It could change a hundred times before it becomes law if it ever does.

    My opinion of this exception
    (ii) a party authorized to facilitate the display or functionality of Web pages within the Web site accessed.
    is that it protects web hosts not the web site owner.

  9. #9
    ABW Ambassador Sheri's Avatar
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    Ok, I'm going to look like an idiot on this one because I guess I haven't been doing my homework.

    I just read that quote:
    The ValueClick Network may make any PII provided in responding to an advertisement available to the company sponsoring the advertisement, as well as to other trusted third parties in accordance with the terms of this privacy policy. As a result, you may receive information on additional products, services and offers that may be of interest to you.
    It almost made me spit out my tea. So let me get this straight. CJ/VC is telling us in this "privacy" policy that there is basically NO "privacy". They are going to approach the people that have visited affiliate sites with additional products, services and offers. And stuff their own cookies in I have no doubt.

    Wow. That takes balls to just out and out say they are going to use our visitors information to push their products on them. And somehow I'm not going to wonder where my repeat business is. {sigh}

    Again, I guess I haven't been doing my homework. These people are crazy.

    Sheri

  10. #10
    general fuq mrbshouse's Avatar
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    if it's not law, i have been terribly mistaken. May 23rd or 24th, 2005 the bill passed the house and was sent to the senate...I have no idea this is the most updated info I could find

    H.R.29 : To protect users of the Internet from unknowing transmission of their personally identifiable information through spyware programs, and for other purposes.
    Sponsor: Rep Bono, Mary [CA-45] (introduced 1/4/2005) Cosponsors (61)
    Committees: House Energy and Commerce; Senate Commerce, Science, and Transportation
    House Reports: 109-32
    Latest Major Action: 5/24/2005 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

    it doesn't seem like anyone else is concerned about this, so I must be wrong.

  11. #11
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    I'm pretty sure it's still a bill. It has to be passed by both the House and Senate and signed by the President before it becomes a law.

    Right now it's in Senate committee. They will look at it and either re-work it and present it to the full Senate for a vote or let it die. If they re-work it and the full Senate passes it, then it goes back to the House for approval of the re-worked bill. Once the same bill is agreed to by both the House and Senate it's then sent to the President who has 10 days to sign it or veto it.

    I think. It's been years since I thought about this stuff.

  12. #12
    general fuq mrbshouse's Avatar
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    kip just got a refresher on the wiki...thanks for your correction

    feeling pretty stupid here

  13. #13
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    No worries. I feel that way myself quite a bit of the time. I think the only reason I remembered was because of Schoolhouse Rock. How a Bill Becomes a Law was my favorite although Conjunction Junction was a close second.

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