Hi Alexia, Hello to you also.
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 -
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, 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.