[LINK] Fwd: [aliaACTive] www.aph.gov.au - we want your feedback
ivan at itrundle.com
Thu Apr 23 12:47:40 AEST 2009
On 23/04/2009, at 11:49 AM, Jan Whitaker wrote:
> At 11:40 AM 23/04/2009, Ivan Trundle wrote:
>> SurveyMonkey's terms and conditions have no explicit statement on
>> THEIR use of your data.
> I wouldn't know. They required js to read ANY of their informational
> I've sent this idea, of an Australian survey site without js and to
> conform to Australian laws/right to civil action
The site states:
"SurveyMonkey.com is a licensee of the TRUSTe Privacy Program" (with
links and more information)
"SurveyMonkey.com complies with the EU Safe Harbor framework as set
forth by the Department of Commerce regarding the collection, use, and
retention of data from the European Union. This list can be found at: http://web.ita.doc.gov/safeharbor/SHList.nsf/WebPages/Oregon
"SurveyMonkey.com reserves the right to perform statistical analyses
of user behavior and characteristics. We do this in order to measure
interest in and use of the various areas of the website."
"We follow generally accepted industry standards to protect the
personal information submitted to us, both during transmission and
once we receive it. No method of transmission over the Internet, or
method of electronic storage, is 100% secure, however. Therefore,
while we strive to use commercially acceptable means to protect your
personal information, we cannot guarantee its absolute security."
"We reserve the right to disclose your personally identifiable
information as required by law and when we believe that disclosure is
necessary to protect our rights and/or to comply with a judicial
proceeding, court order, or legal process served on our Web site"
(so I retract my initial statement that there is no explicit
statement: it was simply on a different part of their website (under
who complete surveys).
really. Here's a selection:
"You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated.
This means that you, and not SurveyMonkey.com, are entirely
responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Service. SurveyMonkey.com does not
control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will SurveyMonkey.com be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via
"You shall use the survey tool only in compliance with this Terms of
Use, the FTC's CAN-SPAM Law, and all other applicable U.S., state,
local, and international laws (including, but not limited to, policies
and laws related to spamming, copyright and trademark infringement,
defamation, privacy, obscenity, and child protective email address
You also agree not to intentionally or unintentionally violate any
applicable local, state, national, or international law, including,
but not limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange, or the NASDAQ, and any regulations having
the force of law.
Although SurveyMonkey has no obligation to review the content provided
by you or your use of the Survey Tool, SurveyMonkey may do so and may
block any email messages and or terminate any use of the Survey Tool
that SurveyMonkey believes may be (or is alleged to be) in violation
of the foregoing."
...followed by a typical multi-paragraph liability disclaimer penned
in the style of a deranged lawyer who has yet to learn that the caps-
lock key is optional, but basically stating that SurveyMonkey is not
to be held responsible or liable for any data breach.
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