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Thread: selling personal information to direct marketing companies

  1. #11
    Diamond Member tec0's Avatar
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    Another tip is considering using good proxy service. This will help protect one against localized tracking for both your phone and computer. I use them extensively for my own privacy.
    peace is a state of mind
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  2. #12
    Diamond Member tec0's Avatar
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    As note since the subject was touched, i did actually recall a time "long time ago" where i send DaveA a PM and he assured me that if some one wanted any information that person will need to throw the whole BOOK at him and then some. It is why The Forum SA is my most trusted forum.
    peace is a state of mind
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  3. #13
    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by tec0 View Post
    As note since the subject was touched, i did actually recall a time "long time ago" where i send DaveA a PM and he assured me that if some one wanted any information that person will need to throw the whole BOOK at him and then some. It is why The Forum SA is my most trusted forum.
    The privacy policy hasn't changed since, Tec0. For anyone interested, the TFSA policy on the release of data derived from page logs is here.

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    lol .... not sure why anyone would want to or need to get hold of Dave for any personal information

  6. #15
    Diamond Member tec0's Avatar
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    confusion about access. what people forget is that court orders is a must and if a person access someone without it, it is a offense and if a system like a mobile service is compromised as a far more serious offense . See people watch to many movies and don't really appreciate our ISPs. Yes they got problems but not the kind like they love to show on TV.

    They know who you are when you log in. The provider's RBS system must track your phone, mobile device in order to give you signal and internet access. It is stupid to think that they need 60 seconds or even 10 second. The info in question is "Active" That said our IP system DNS orientated along with static IP meaning many users share a single IP address. Depending if you are mobile or not and who your ISP is.

    Yes the documentation is detailed but if someone finds you with this info that they obtained without a court order, they themselves will end up in serious high court trouble. It is criminal it is illegal and if anyone threatens you on a open forum for example report them because they clearly have ill-intend to intimidate a person. Cyberbullying is real so are the penalties involved.

    This goes for your private info, if anyone access your information they must have permission if they don't they are the criminal you the victim. You can find more by doing a search key words Internet protection act South Africa. Consumer protection acts, if you unsure many providers do have a legal department.

    Laws are here to protect us so use them and protect yourself. It is the law and by definition your right.
    peace is a state of mind
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    The thread is "selling personal information to direct marketing companies"

    lol ....This is exactly as it says and a lot of people buy "information" without personal permission and definitely don't need a "court order" to do this....
    In some cases you don't even need to buy the information - if you know how to get it, you get it !

  8. #17
    Diamond Member Citizen X's Avatar
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    The relevant legislation is the Protection Of Personal Information Act 4 of 2013 which commenced on 11 April 2014. The section I cite here (s 69) has yet to take effect though.

    RIGHTS OF DATA SUBJECTS REGARDING DIRECT MARKETING BY MEANS OF UNSOLICITED ELECTRONIC COMMUNICATIONS, DIRECTORIES AND AUTOMATED DECISION MAKING

    69. Direct marketing by means of unsolicited electronic communications

    (1) The processing of personal information of a data subject for the purpose of direct marketing by means of any form of electronic communication, including automatic calling machines, facsimile machines, SMSs or e-mail is prohibited unless the data subject-

    (a) has given his, her or its consent to the processing; or

    (b) is, subject to subsection (3), a customer of the responsible party.

    (2)
    (a) A responsible party may approach a data subject-

    (i) whose consent is required in terms of subsection (1)(a); and

    (ii) who has not previously withheld such consent,

    only once in order to request the consent of that data subject.

    (b) The data subject’s consent must be requested in the prescribed manner and form.

    (3) A responsible party may only process the personal information of a data subject who is a customer of the responsible party in terms of subsection (1)(b)-

    (a) if the responsible party has obtained the contact details of the data subject in the context of the sale of a product or service;

    (b) for the purpose of direct marketing of the responsible party’s own similar products or services; and

    (c) if the data subject has been given a reasonable opportunity to object, free of charge and in a manner free of unnecessary formality, to such use of his, her or its electronic details-

    (i) at the time when the information was collected; and

    (ii) on the occasion of each communication with the data subject for the purpose of marketing if the data subject has not initially refused such use.

    (4) Any communication for the purpose of direct marketing must contain-

    (a) details of the identity of the sender or the person on whose behalf the communication has been sent; and

    (b) an address or other contact details to which the recipient may send a request that such communications cease.

    (5) “Automatic calling machine”, for purposes of subsection (1), means a machine that is able to do automated calls without human intervention.
    (Commencement date of s. 69: To be proclaimed)
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    (3) A responsible party may only process the personal information of a data subject who is a customer of the responsible party in terms of subsection (1)(b)-

    (a) if the responsible party has obtained the contact details of the data subject in the context of the sale of a product or service;

    (b) for the purpose of direct marketing of the responsible party’s own similar products or services;

    So the thread heading happens all the time and falls within the scope of the above paragraph.
    Its exactly as if you buy a companies book debt - you now own it and work on the basis that if you recover 50% of the debt with your costs.

  11. #19
    Site Caretaker Dave A's Avatar
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    Eish! Tec & HR are pretty good at banging heads

    Tec0, you're right - there are laws giving protection.

    But HR is also right, laws aren't going to stop those that don't care about the law, or ethics, or privacy.
    And HR is also right that there are ways to collect data for your own use without breaking the law too!

    Quote Originally Posted by HR Solutions View Post
    The thread is "selling personal information to direct marketing companies"

    lol ....This is exactly as it says and a lot of people buy "information" without personal permission and definitely don't need a "court order" to do this....
    Absolutely, although it isn't always lawful...

  12. #20
    Site Caretaker Dave A's Avatar
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    Quote Originally Posted by HR Solutions View Post
    (3) A responsible party may only process the personal information of a data subject who is a customer of the responsible party in terms of subsection (1)(b)-

    (a) if the responsible party has obtained the contact details of the data subject in the context of the sale of a product or service;

    (b) for the purpose of direct marketing of the responsible party’s own similar products or services;
    So the thread heading happens all the time and falls within the scope of the above paragraph.
    Absolutely not! The thread heading is about the giving of information to a third party...

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