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Freebie Privacy Policies

By Ed Foster, Section The Gripelog
Posted on Tue Aug 31, 2004 at 12:06:59 AM PDT

If you enjoy being on the FTC's "Do Not Call" list as much as I do, listen to a word of advice. Make sure you, and your kids, avoid all these websites that claim to be giving away freebie iPods, flat screen TVs, or sweepstakes prizes. If not, the thing you might actually win is a renewed stream of telemarketing calls.


A reader recently pointed out some interesting language in the privacy policy of a "free sweepstakes" website that a friend of his had been foolish enough to join. By registering with the site, the privacy policy stated that one was agreeing that "such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "Rule"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, ... (the sweepstakes company) retains the right to contact you via telemarketing in accordance with the Rule."

No, I'm not going to name the sweepstakes operation, as I don't want to give them any free publicity. In any case, similar language is in the privacy policies of a number of other freebie websites. And even when they are not so explicit about voiding the Do Not Call list, the privacy policy of many of the giveaway sites say things like "We may sell the personal information that you supply to us and we may work with other third party businesses to bring selected retail opportunities to our members via direct mail, e-mail and telemarketing."

In a recent story I noted that, while privacy policies don't seem to be all that binding on the vendor, the reverse unfortunately does not seem to be the case. You can give away your privacy rights by "agreeing" to a privacy policy you never read.

As much a blessing as the Do Not Call list is proving to be, it is also making the telemarketers desperate to find new ways to prove they have an established relationship with you that allows them to call. And that means we all must keep in mind that freebies on the Internet often come with a steep price.

< PayPal's $2,000 Spending Limit | The DMA, the FBI, and Spam >


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Freebie Privacy Policies | 15 comments (15 topical) | Post A Comment
Why do they even need proof?[ Reply to This ] (none / 0) (#1)
by wantobe on Tue Aug 31, 2004 at 02:55:28 AM PDT

The way the regulations are currently set up, a vender can simply claim that you filled out an online form for a sweepstake, thereby giving your permission for them to call. They aren't required to provide proof that you actually did so (if I understand the way these things work), and there is no way to verify if you filled out the form or not.

If you give out any information whatsoever over the web, the TOS may very well be written such that you give permission for any number of calls from any number of "partners" to the group you gave that permission to. Even if you carefully read each and every one, and make copies for your records, the offending company will simply insist that you must not have read theirs and saved it. How do you proof that they aren't lying?

Many of my clients are beginning to think that the internet is becoming more trouble than it's worth, and it's hard for me to argue the point.


Rob Miles
--
There are 10 kinds of people in the world; those who understand binary and those who don't.
[ Reply to This ]



www[ Parent | Reply to This ] (none / 0) (#17)
by Anonymous User on Thu Aug 07, 2008 at 06:51:33 AM PDT

Free YouTube Downloader | YouTube to iPod | YouTube on PSP | YouTube to MP3 | YouTube to MP4 | YouTube to 3GP | YouTube to AVI | YouTube to MPEG | YouTube to WMV | YouTube to DivX | YouTube to XviD | YouTube to MOV | YouTube to WMA | YouTube Ripper YouTube to iPod | YouTube to iPhone | YouTube to PSP | YouTube to Zune | YouTube to MP4 | YouTube to Apple TV | YouTube to H.264 | YouTube to 3GP

[ Parent | Reply to This ]


Why just on-line Freebies[ Reply to This ] (none / 0) (#2)
by krby34 on Tue Aug 31, 2004 at 11:21:41 AM PDT

How about the Freebies that you sign up for through million dollar sweepstakes, digest sweepstakes, discount sales items, etc.

Remember you get what you pay for.

You got something for free or a very good price and you pay by giving away a bit of yourself (name, address, phone, permission to 'invade' your life, etc.).

The person 'giving' away the item gets what they pay for as well.

They pay for a product that they give away and they get your permission and information which they now 'own' and can sell, trade, or share with others freely (which by the way you may not be able to do with the 'gift' they gave you!).



[ Reply to This ]


I do sign up for online freebies[ Reply to This ] (none / 0) (#3)
by auctionhugh on Tue Aug 31, 2004 at 11:47:53 AM PDT

...sometimes, when they interest me and I qualify without lying, and they look likely to come. However I almost always give my work's phone number rather than my home phone number! And I use a "spam catch" email address!

-----
Get help with your website from AuctionHugh's wife Kathleen.
Professional, artistic, and EASY for you!
Kallen Web Design of Kalamazoo



[ Reply to This ]



reminding friends & family that even...[ Reply to This ] (none / 0) (#4)
by MorrisNTex on Tue Aug 31, 2004 at 12:01:41 PM PDT

on the web there's no such thing as "getting something for nothing". What is so hard to understand about this concept?

I am constantly getting emails from some outfit that wants me to sign up for free movie passes, free 12 pack of my favorite soda pop, free makeup (which I don't use), etc.... and supposedly some friend or family member has refered these people to me. Just as the "do not call list" became effective I heard about the scam these marketers were pulling to get your name and sent several warnings to all my family and several friends about it. Yet still some sign up for these things.

Latest thing I got was an email telling me I had won a "FREE" XBox game center all I had to do was pay for shipping & handling and could only do so via a Debit Card & PIN number - yeah right! I went through the privacy policy on this site and it also made reference using and "selling" my personal information as they saw fit. I replied back to the company via response link off of the email they sent me telling them to give my prize to someone else that might actually be dumb enough to give up their PIN number and that I was adding their address to my SPAM filter.

[ Reply to This ]


Report Them Anyway[ Reply to This ] (none / 0) (#5)
by Anonymous User on Tue Aug 31, 2004 at 12:32:59 PM PDT

Even if a telemarketer calls you using this internet justification, go ahead and report them anyway. For one thing, every time I've asked a telemarketer for their phone number so I can report them, they hang up--and some actually stopped calling me (probably because I've been designated a bad prospect, which is what I want)! For another, if enough people complain, these websites will find it's costing them money and time to defend complaints. In fact, when only a small percentage of people (about 10% I've found) are vocal with complaints, companies change their habits.

[ Reply to This ]


Privacy and Junk Mail[ Reply to This ] (none / 0) (#6)
by Anonymous User on Wed Sep 01, 2004 at 01:03:17 AM PDT

I wish they had a National "Do Not Mail" list. The junk (paper) mail is 10 times worse than the Spam that shows up in my Email everyday.

[ Reply to This ]


Privacy and Junk Mail[ Parent | Reply to This ] (none / 0) (#7)
by Anonymous User on Wed Sep 01, 2004 at 06:56:09 AM PDT

At least with junk mail, it costs the sender to send it to you. I have found it very effective to send back any postage paid reply envelope with my address from the envelope and a message to remove me from their mailing list. If all they have is an 800 number I call it and ask to be removed from the mailing list. Both actions cost the company even more money and are effective at reducing the junk. With spam, there is no way to fight back that costs the spammer money.

[ Parent | Reply to This ]


privacy and Junk Mail[ Parent | Reply to This ] (none / 0) (#8)
by Anonymous User on Thu Sep 02, 2004 at 09:54:33 AM PDT

They do have a list. I don't have the info handy but I think it is throught the Direct Marketing Association. You can request to be removed from all postal (snail mail) advertising. Check with the post office they may have the info.

[ Parent | Reply to This ]


Postage Prepaid Envelopes[ Parent | Reply to This ] (none / 0) (#9)
by tscoff on Thu Sep 02, 2004 at 05:22:42 PM PDT

I recently bought a new house and I got three offers for life insurance in the last two days.  I'm returning the postage prepaid envelopes to the people who sent them to me taped to bricks.

If enough people reply that way it will cost them a small fortune in postage and they'll stop bothering us.

[ Parent | Reply to This ]



Junk Mail[ Parent | Reply to This ] (none / 0) (#10)
by Anonymous User on Fri Sep 03, 2004 at 01:35:25 AM PDT

I heard of one guy who would fill the postage paid return envelope with washers to add weight and cost the junk mailer more in postage, but using a brick! Wow, you gotta love it. I dutifully return all junk mail that comes with a postage paid return envelope. I even fold up the envelope it came in and include that. Expired coupons fatten the return envelope even further. What's even better, we help our Post Office by generating extra income for them at the expense of the junk mailers (notoriously credit card companies). Maybe this will delay future postage rate increases. Imagine if just 20 to 30 percent of the population did this, the postage costs might just make this type of marketing ineffective and it would go away. But sooner or later the junk mailers will wise up and take the free return postage off the return envelope. But until then they are fair game. Now if we could only stick it $$ wise to the Email spammers.

[ Parent | Reply to This ]


legitimate errors[ Parent | Reply to This ] (none / 0) (#11)
by Anonymous User on Fri Sep 03, 2004 at 06:47:07 AM PDT

I opened a "free" business account with Bank of America, putting as much as possible onto my PO box, although I did have to give my address, which isn't unreasonable. Sure 'nuff, they gave my address to everyone in the world. I immediately complained on receipt of the first junk, and they immediately complied, but it was too late. Years later, I still get junk, and some damn matching program somehow matched my wife up with my business (she has a different last name and is vigilant about not giving up her address, and has nothing to do with my business). But the one that cracked me up was the fake name I used to demo to someone how to get a free pass to COMDEX circa 1997 somehow got munged with the fake name I used to hack the contemporaneous Dilbert site, and several years later suddenly started junking my PO box! The brick thing with the post office doesn't work, BTW.

[ Parent | Reply to This ]


One (possible) solution...[ Reply to This ] (none / 0) (#12)
by Bryan Bytehead on Fri Sep 03, 2004 at 07:10:30 AM PDT

is to use a cellular number. They aren't allowed to telemarket to cell phones. Of course, with number portability, they can just claim that they don't know.

Hmmmm. Maybe I should start claiming that my land line is now a cell phone? Although, come to think of it, only charities and a couple of real "business partners" or whatever the language it is has called the land line in some time, so I guess Do-not-call is working.

A friend of mine 5 years ago was constantly getting telemarketting calls on his cell phone. He worked for the cell company at the time, so the time for him was free anyway. And he was quite patient in explaining it to the person on the other end. Of course, he did explain that he worked for the company, so it wasn't really costing him, but it would be costing somebody else.

[ Reply to This ]



lingering[ Reply to This ] (none / 0) (#15)
by rickman on Thu Jun 05, 2008 at 04:11:32 AM PDT

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[ Reply to This ]


kimo[ Reply to This ] (none / 0) (#16)
by Anonymous User on Sat Jun 21, 2008 at 12:43:02 AM PDT

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