How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alexia Esq. Your Own Question

Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11698
Experience:  19 Years of Legal Practice Experience in this precise field.
Type Your Legal Question Here...
Alexia Esq. is online now
A new question is answered every 9 seconds

Here is my situation and I would like to know if I have a case

Customer Question

Here is my situation and I would like to know if I have a case against this Marketing company.

I read technology and marketing related articles first thing in the morning and these articles are related to my job and they help educate and prepare me for my current role.

As usual a marketing company tracks who responds to their marketing emails and what they read.

While this same marketing company was trying to sell their products and services to my employer company provided a screen shot on what articles I was reading on their website and the reason for that was to show their product capability of granular tracking. This report was shared with a senior manager at my company.

Unfortunately, I was having some internal roles and responsibility conflict with the same person even after the executive made a decision on my favor. This person is very un-professional and rude by nature and was confronting me on every step. After seeing my name in the screen shot this marketing company provided, this person immediately forwarded the email to me with a subject "Busted" which surprised me due to the situation I was already in with this person.

According to me this marketing company has done two mistakes that might cause damage to me.

1. They have clearly violated the privacy law by sharing my personal information without my consent, I was not aware that the company will use my personal information to marketing their products. They have used my real name and my employer name in this screenshot

2. They have put me in a bad situation, while I was already dealing with conflict issues with my co-worker and I feel this person might use the information provided by the Marketing company to her advantage and to my disadvantage.

This incident might also lead to some negative impact on my relationship with the company I work for and may impact my reputation and my career.

I would like to take this seriously and file a case against the Marketing company for these mistakes.

I want to know if I have a case.

thanks
Submitted: 1 year ago.
Category: Legal
Expert:  Alexia Esq. replied 1 year ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing law for 19+ years and look forward to assisting you.

Can you clarify why it would be damaging (why the executive referred to it as 'busted') for you to be 'caught' reading marketing articles that your company, you, and the marketing company all agreed you should be reading?
Customer: replied 1 year ago.
It was just a funny comment from this individual, the information I accesses was completely relevant for my job and role. This was was just trying to be funny with her words like "ha ha Busted" but I was not comfortable because I was dealing with the same person on some other authority concerns.

The damages for me are that this person might confuse others with this information, or try to divert from the original discussion we are having.

Customer: replied 1 year ago.
Just to be clear, I am focusing on the fact that this marketing company used my information without my permission and shared this information with my employer.
Customer: replied 1 year ago.
Relist: Incomplete answer.
Lawyer asked for clarification , but never answered my question.

I am waiting for the answer
Expert:  Alexia Esq. replied 1 year ago.
Hi, sorry for the delay, for some reason you did not show up in my online inbox, and it wasn't until I went through my private email that there was a marker.


Now, with regard to your concerns:

According to me this marketing company has done two mistakes that might cause damage to me.

1. They have clearly violated the privacy law by sharing my personal information without my consent, You need to look at your contract with them - your Terms of Service or User Agreement and look to see if they indicate your use of their product/service is confidential. Most companies that DO contract with consumers do offer that perk, in order to encourage people to come onboard. However, my concern is that your employer is the user and you are just an agent of the employer, and you logged in with your employment/agent related password, etc. - in which case, the agreement with the company to the employer likely encompassses interactions based on the employer's agent's usage. So first, determine your status as a user - as a private person or as an agent of the employer who envisions this type of activity and notification based on its agent user's usage of the product it is providing access to.

I was not aware that the company will use my personal information to marketing their products. Again, if you logged in as your employer's agent, then you are subject to the knowledge, constructive or otherwise, that the employer agreed to.

They have used my real name and my employer name in this screenshot This causes me to suspect, unfortunately, that you did log in in the capacity I describe above. Which would generally mean you are subject to the terms in effect in the account in which you connected.


2. They have put me in a bad situation, The real question does boil down to, WHO put you into this situation - if you were in the employer connected account without having read terms of service, rather than your own private account (in which case they couldn't have even connected you to your employer), then arguably, from a legal standpoint, you did this - they just followed the terms of service you agreed to (even if you did not take or have time to read them).

while I was already dealing with conflict issues with my co-worker and I feel this person might use the information provided by the Marketing company to her advantage and to my disadvantage. Again, how can doing a good thing hurt you? If you were doing work related research, it sounds like you can only look good.

This incident might also lead to some negative impact on my relationship with the company I work for and may impact my reputation and my career. I seem to be missing something. You have stated that you did nothing wrong and so there would seem to be nothing that could negatively impact you and your career from this event (only, perhaps, from other events where bad blood has or will arise). So if you feel like it, do clarify - but to reiterate, the issue of privacy will only exist if you had a contract with the company yourself, that did n't allow for divulging your activity. However, if the contract was with employer and internet company, and you were using the employer's account to do such research, then of course, between log in times, log in passwords, etc., that info will typically be passed on to the customer - the customer being the employer whle you are an agent of the employer.

I would like to take this seriously and file a case against the Marketing company for these mistakes. I suggest reading the contract first - if you don't have a copy of it, you can likely find such terms of service in a link directly on the site, particularly when you seek access through someone's account, like the employer.

I want to know if I have a case. Depends on the above! I'll check back later to see if you have learned the needed details of the terms of service. So many times we don't read the fine print, but here is probably an example of why we should. But, maybe not. I look forward to hearing back from you.


What did the TWO other lawyers think was the end result?



I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11698
Experience: 19 Years of Legal Practice Experience in this precise field.
Alexia Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Hi Alexia,


One last request, I looked at the Privacy policy on the marketing company website and it does not say that they can use name and information for business purposes.


 


They clearily say that they can only disclose my information for legal purposes and nothing else.


 


 


 


Here is the link -


http://www.eloqua.com/trust/Privacy-Policy-20130313.html


 


Disclosure of Personally Identifiable Information
Eloqua may disclose your Personally Identifiable Information without prior notice to you: (a) if we believe we are required to do so by law, court order, subpoena from a court with proper jurisdiction, regulation or other government authority or otherwise in cooperation with an ongoing investigation by a governmental authority or agency. Only information requested or described is disclosed as directed pursuant to the subpoena or court order. Subject to its legal obligations, Eloqua will notify customers of the information request as allowed by the subpoena or court order. Eloqua will not sell your Personally Identifiable Information to any company, organization, or third party. We do not share, sell, rent or trade Personally Identifiable Information with third parties for their promotional purposes. Eloqua utilizes great care in keeping customer information secure and private.


 


Usage of Personally Identifiable Information
Eloqua uses your Personally Identifiable Information to register you to use Eloqua's services, contact you to deliver certain services or information you have requested, verify your authority to enter into certain areas of the Site, improve the content and general administration of the Site and our services, provide you with notices regarding our services, and, with permission, provide visitors with updates and information about Eloqua and its services.



The Site may track information that will be maintained, used and disclosed in aggregate form only and which will not contain your Personally Identifiable Information e.g., the total number of visitors to our Site, the number of visitors to each page of our Site, browser type, External Web Sites (as defined below) linked to, and IP addresses. Eloqua may analyze this data for trends and statistics in the aggregate, and we may use such aggregate information to administer the Site, track users’ movement, and gather broad demographic information for aggregate use.


 


 


Please help me if we can take any action.


 


Here is the email from the company to promote their products to our company:


 


 


 


I hope you enjoyed the extended weekend. I thought I’d send you a snapshot of how your sales people (member service reps, loan officers, business development, etc…) could leverage Eloqua to not just let them know which members are on your website or engaging with marketing emails, but let them know exactly what content is of interest to the member/prospect. This is a snapshot of Xxxxxxx xxxxxx's activity (Digital Body Language), which I was notified of via email (I have configured a notification to occur anytime someone from Xxxxx Xxxxx Company comes to our site or engages with email.

· So we can tell you who is doing what on your website, email, social, and even print.
· You can then automatically engage with the precise message/offering, prompt someone to reach out, or whatever your best practice would be
· We can then measure everything in terms of marketing’s impact on asset growth

I would imagine today, all of your digitally driven opportunities (roughly 90% of your active sales funnel begins digitally) are difficult to identify, measure, and engage with. This being said, the digital channel is where today’s sales game is being won and lost; by the time an inbound call or application occurs – the decision has already been made by a prospect or member (57% of the time). So, herein lies a massive opportunity to engage more effectively, earlier in the sales process.

If you see value in a brief 20-minute conversation, I’d love to catch up.

Expert:  Alexia Esq. replied 1 year ago.

Hi Alexia, Hello to you also.


One last request, I looked at the Privacy policy on the marketing company website and it does not say that they can use name and information for business purposes. Do they promise not to use to you specifically? It sounds like they make the promise to the compan/customer, not its sales people? And it sounds like its business that it was hired to do, or does, IS TO track salespersons and prospects activity on the site, so the employer/vendor can be informed and make decisions.


They clearily say that they can only disclose my (yours? Or its customer, which seems to be your employer? If you are an agent of the employer, using the employer's website created by this marketing company (or the marketing company's own website as agent for your employer, then arguably you are not protected by this


...information for legal purposes and nothing else. Actually I see this:

 

"Eloqua may disclose your Personally Identifiable Information without prior notice to you: (a) if..."

 

This is not exactly the same as saying, "we promise not to share your name with another... although it does tend to imply that whoever it is talking about (i.e., who is YOU/YOUR). So the question remains, are you the customer (do you pay the bill for this marketing company's services? Or is it the employer and you are just the agent. It also seems that this company's job IS to teach you employees how to market better for your company - as such, it may as a practical matter have to report what it has agreed to report to its customer (as agent of the customer/employer, you rights would typically be akin to its rights - as in, your information is only going back to you, since you are the agent of the principal, which is the customer. Now, what I'm trying to get across above does NOT apply, as I see it, if you yourself are an independent customer of the marketing co., rather than via the agent of the employer/customer. So I think you need to decide if you are part of the employer, as a user, or if you are unrelated and completely independent.


For example, I use a case management system and my assistant and I are both users. However, it is paid for by the law practice (me, essentially), and as agents, we use the software. When my assistant updates a case, I get a notification by email and it is also recorded on that platform when I check out recent events or a specific case. It has her name boldly there, telling me who did what. Likewise, I have it so she can see what I have done. But there is no issue as to the company violating our privacy by telling the other what we are doing, as that is how I set up the software. Do you see what I mean? Now,if separate and aside, my assistant started using A software, and in her info she told them who she worked for,and they started sending ME info on her activity with their website, contrary to terms of service she had with them, that would be different.

This is why I think you need to determine your status as a user - and how you are connected to your employer via this marketing company. I mean, either you told the co. who your employer is AND gave the co. the employer's email (implying you expected it to report to your employer) OR, you signed into your employer's account/site through that company, and of course then the employer can see all who is using its account. I believe that will be your determining factor, as to whether illegal wrongdoing occurred.

 

 

 

Here is the link -


http://www.eloqua.com/trust/Privacy-Policy-20130313.html



Disclosure of Personally Identifiable Information
Eloqua may disclose your Personally Identifiable Information without prior notice to you: (a) if we believe we are required to do so by law, court order, subpoena from a court with proper jurisdiction, regulation or other government authority or otherwise in cooperation with an ongoing investigation by a governmental authority or agency. Only information requested or described is disclosed as directed pursuant to the subpoena or court order. Subject to its legal obligations, Eloqua will notify customers of the information request as allowed by the subpoena or court order. Eloqua will not sell your Personally Identifiable Information to any company, organization, or third party. We do not share, sell, rent or trade Personally Identifiable Information with third parties for their promotional purposes. Eloqua utilizes great care in keeping customer information secure and private.


 

Usage of Personally Identifiable Information
Eloqua uses your Personally Identifiable Information to register you to use Eloqua's services, contact you to deliver certain services or information you have requested, verify your authority to enter into certain areas of the Site, improve the content and general administration of the Site and our services, provide you with notices regarding our services, and, with permission, provide visitors with updates and information about Eloqua and its services.



The Site may track information that will be maintained, used and disclosed in aggregate form only and which will not contain your Personally Identifiable Information e.g., the total number of visitors to our Site, the number of visitors to each page of our Site, browser type, External Web Sites (as defined below) linked to, and IP addresses. Eloqua may analyze this data for trends and statistics in the aggregate, and we may use such aggregate information to administer the Site, track users’ movement, and gather broad demographic information for aggregate use.




Please help me if we can take any action.



Here is the email from the company to promote their products to our company:





I hope you enjoyed the extended weekend. I thought I’d send you a snapshot of how your sales people (member service reps, loan officers, business development, etc…) could leverage Eloqua to not just let them know which members are on your website or engaging with marketing emails, but let them know exactly what content is of interest to the member/prospect. This is a snapshot of Xxxxxxx xxxxxx's activity (Digital Body Language), which I was notified of via email (I have configured a notification to occur anytime someone from Xxxxx Xxxxx Company comes to our site or engages with email.


See below:


· So we can tell you who is doing what on your website, Whose website? Is this your company's website you were visiting?

 

email, social, and even print.
· You can then automatically engage with the precise message/offering, prompt someone to reach out, or whatever your best practice would be
· We can then measure everything in terms of marketing’s impact on asset growth

I would imagine today, all of your digitally driven opportunities (roughly 90% of your active sales funnel begins digitally) are difficult to identify, measure, and engage with. This being said, the digital channel is where today’s sales game is being won and lost; by the time an inbound call or application occurs – the decision has already been made by a prospect or member (57% of the time). So, herein lies a massive opportunity to engage more effectively, earlier in the sales process.

If you see value in a brief 20-minute conversation, I’d love to catch up.

-------

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.