[LINK] Fwd: [aliaACTive] www.aph.gov.au - we want your feedback

Ivan Trundle 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  
> pages.
> 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  
Privacy Policy, and for people who employ their services, not people  
who complete surveys).

Their terms of use are rather different, and use javascript to pop-up  
the terms in a manner similar to software terms of use. Pointless,  
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  
the Service."


"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  
registry laws).
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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