Free Web Hosting Provider - Web Hosting - E-commerce - High Speed Internet - Free Web Page
Search the Web

Compulsory advertising above this line. Please just ignore it. And I'm sorry about the popups.


On this page:

Or you can go to the Previous Page. By reading past this point you indicate that you agree to the Terms and Conditions of this web site.



Never Assume That What They Say is Correct

People guess when they don’t know: Particularly when they work for big companies with many departments. Take Telkom (NYSE:TKG) for example. I saw a link to a new product on their web site, which took me to the XtraTime press release. The press release mentioned "Terms and Conditions" but failed to say what they were. It didn’t link to their products page either. So I phoned their new products call centre on 10219 and asked. They didn’t know for sure, so they told me that "it works with" the SurfMore package, and "local calls" does include numbers to Internet Service Providers. They guessed. They guessed wrong. The pamphlet that arrived in tho post mentioned some of the conditions, but I had signed up for the service by then, and didn’t notice the fine print about calls to ISPs.

One of the other services that are useful to private internet users is only mentioned in passing. It’s called InfinitCall and it costs R55 per month plus another R55 setup fee. BUT you can’t use it in conjunction with SurfMore or XtraTime. Isn’t it wonderful how consumer-friendly they are!

They have been fined for being anti-competitive but still they make obscene profits at the expense of business and private customers.

But wait, there’s more. Telkom’s marketing nightmare is only just beginning. Enter www.hellkom.co.za, with hair-raising information, cheeky logos and links to articles about their bullying tactics and high costs. Even the trade union Solidarity supports Hellkom. And to read the transcript of the Carte Blance interview, click here.

Telkom (NYSE:TKG) hasn't found it so funny, and in typical bully-boy style have threatened to sue for R5 million. But the lawyer from the prestigious firm of Adams and Adams got a few of his facts wrong. I guess lawyers do that all the time - they have to say what their client says, even when they are being stupid.

One of their customers complained to ICASA about the high price of ADSL. You can read the full complaint to ICASA here, and their stonewalling response is posted as well.


If you are getting a whole bunch of unknown international/cell calls on your phone bill, the only way to stop it is to use their BlockCall Plus facility. The cost is "only" R30.57 per month.

The moral of the story: if your money is on the line, ask for a written copy of the terms and conditions before you sign up, or at least where on the web site you can find the fine print. Remember: If it sounds too good to be true, it probably is. But if you are unhappy, complain! If you can get through, that is ;).

In terms of the Access to Information Act, the Chief Information Officer of Telkom (NYSE:TKG) is:
Moneyweb interview with Sizwe Nxasana Name: Mr Sizwe E. Nxasana
Postal Address: Private Bag X260
Pretoria
0001

Physical Address: Telkom Towers North
152 Proes Street
Pretoria
0002

Phone Number: +27 12 311 2473
Fax Number: +27 13 326 1588
E-mail: NxasanSE@Telkom.co.za
If he's not in, you may find he's still on holiday in Greece aboard a luxury liner.

Or join the hundreds who use www.hellopeter.com. It is interesting to note that Telkom is listed as one of the companies who don’t care.


Just say “NO” to MaxiCall 0861 numbers

I have a Telkom BlockCall facility on my line. It is supposed to stop me from dialling International, Cellular and Telkom Premium Rated service numbers ("Barring Category" no 6). Premium rated numbers begin with 0861, 08621, 08622 or 08671. For 0861 calls you pay R1 per minute, which is the same as most long distance calls. Most people are under the false impression that 0860 and 0861 numbers cost the same. They don't. The problem is this: in addition to the fact that these calls cost a lot more, the Block Call facility doesn't block them. And it hasn't done so for the entire time I've had my domestic line. My phone bill is proof of this. Telkom have admitted the problem, and argue that an 0861 call is the same as a national call, which is why they aren't blocked.

“Not all 086 numbers are the same. 0860 costs the same as a local call from a land line, the rest are much more expensive.”

What makes it wose is that the two largest security companies in South Africa, Chubb and ADT, both use and advertise 0861 numbers. ADT only lists an 086-1212-400 number in the phone book, and another 086-1212-405 number for faxes. So basically they want you to pay R1 per minute just to speak to them! I guess next time I want to phone their accounts department I'll press the panic button and get them to call me.

Chubb lists plenty of other numbers, even though they have an 0861 number on their vehicles and signs. Just don't call the 0861-505-911 number if you can help it.

If you read carefully on the eBucks.com web site, in addition to the 086-123-3000 number for their "Customer Care Line" they list a Johannesburg number for "International" calls: + 27 11 369 1126. If it is cheaper than R1 per minute to dial Johannesburg, use this number. I guess this kind of approach shows just how much they really care.

Why these companies (and many others) can't have an 0860 number I don't know. Surely they don't have that many out-of-town customers to make it too expensive to run? Surely they don't want to penalise the rest of their customers in this way? But their customers end up paying Telkom for this "priviledge". On an 0860 number, the customer pays a local call rate, and the company pays the long distance cost. On a normal land line, the caller pays the "normal" cost. It may be unfair to customers outside the local area, but at least it's more reasonable. Why not advertise both numbers and give the caller a choice? In some cases there is no "normal" number, so Telkom has them and us by the “short and curlies”!

Another number is for Woolworths Financial Services. You can call them anytime between 8am and 9pm, but choose from one of 5 different 0861 numbers. Alternatively write to them at PO Box 5553, Cape Town, 8000. Their email address is wwfs@woolworths.co.za. Unfortunately the monthly statement from Woolworths only lists an 0861-50-2020 number. Try phoning their head office 021-407-9111 and ask for the in store card call centre. This only works during office hours. Alternatively, visit any Woolworths store and they cannot refuse to put you through to the call centre if they can't sort out the problem. I must say their customer help centre was most helpful in providing an alternative number.


Just because they say it’s “3x faster” doesn’t make it so

A customer complained to the ASA about M-Web’s "Download Accelerator" ad which claimed to make browsing 3x faster. The ASA ruled in M-Web’s favour because it felt that the ad was aimed at the "home user". M-Web uses a product called "Propel Accelerator" which tries to compress pages and graphics before sending them to you over your dial-up connection. So you need to read the fine print. At least there is fine print to read. For a detailed review, read this. Then compare it to the "guided tour" offered by M-Web. At no point to they explain how they get to the 3x speed. When I phoned to ask, they said "are you being serious?" Finally I was pointed to the Propel web site, which claims 3-5 times faster. I eventually spoke to a legal representative at MWeb and challenged them to publish some kind of proof about their "3x" claim.




Why ADSL is like a Cheeseburger

Why Telkom ADSL is like a Cheeseburger

Imagine seeing an advert for a cheeseburger, but being given the price of the beef patty only. That's what Telkom is doing with their ADSL TV advert. They tell you about the taste of the cheese, but don't tell you that the cost of the cheese is extra. They give you the price of the beef patty, but fail to mention that you can't order it without the roll, and the chips cost extra. All the amounts in red are not mentioned in the ADSL ad, nor did they mention that the R680 figure is for domestic use only. Windows MediaWatch the ad after downloading the 410k Windows Media file.

The end result? You figure you're getting a bargain for only R680 per month, but the total monthly bill is not less than R1000 per month, not to mention the installation fee of R404. Can they get away with it? We'll see. I have filed a complaint with the Advertising Standards Authority. You can read the text of the complaint here. The moral of the story: don't try to ignore or mislead your customers. They'll find out eventually. And they won't like it.


Just because they say it’s ‘Broadband’ doesn’t make it so

Sentech's MyWireless web site claimed that when users sign up for its MyWireless 128, 256 or 512 services, they would be getting a broadband internet service that was always on. What a pack of lies! Let the buyer beware: it isn't a broadband service, it doesn't always work, and often the performance is the same as or worse than a dial-up modem. Some customers don't mind any of this, because their Telkom phone bill was much higher than what they are paying for their MyWireless subscription. But for those who thought they were getting a "broadband" connection that was comparable to ADSL, they got a nasty shock.


The sad thing about this graph is that the user "upgraded" to a MyWireless 256 contract on 4th August.

From the Google news alert:
SENTECH: 'We're still improving'
[Johannesburg, 2 September 2004] - Sentech says it has taken further steps to ... However, Sentech notes it has "not yet optimised all points in the network". ... ITWeb, press release
And they still have a long way to go. They have basically said they want a sharing target of 4:1, which means if you have the 512k contract you share it with 4 other people and get 128k of bandwidth locally. If you're lucky.


I guess that's why it has to be "always on"Big Smile [:D]
One user describes it as "MyWireless 128, 64, 48, 16 - depends on its mood",
another as "Hell, my gran on a scooter with a memory stick is faster than Sentech's MyWireless!"

There is much more to the Sentech story. Read the details here

The sad thing is that their technology provider, IPWireless, is using Sentech as a Case Study on their web site. Shame. Business must be bad if they’re that desperate.

Sentech’s MyWireless "service" doesn’t have any kind of privacy policy to speak of. Their Terms and Conditions states:

7.4 Sentech may collect and use the customer’s personal information and or other data for the purposes of business communications, administration, transacting and any other reason permitted by law.
They accidentally sent out a customer database to their users. And they apologised on their brand new notice board. But they still don’t have a privacy policy. And their customer list made interesting reading. According to the Financial Mail,
"Sentech counts musicians Johnny Clegg and Mauritz Lotz, former Springbok Ollie le Roux, deejay Tony Blewitt, Classic FM chairman Hylton Appelbaum and SABC chairman Eddie Funde among the clients of its Internet acces s service, MyWireless.
"How does the FM know this? It shouldn’t. But last weekend, a Sentech employee mistakenly e-mailed the company’s customer database, including private e-mail and residential address details, to this journalist, who also happens to be a MyWireless customer. The employee e-mailed the document to 80 Sentech subscribers, according to public & media relations portfolio manager Maureen Mphatsoe. ...

If you need MyWireless Technical Help, don't expect to find it at the Sentech site, or by calling their help desk. Unless you have a lot of money and time to waste. Get help here, or go to the MyAdsl forums.


Autopage is offering the MyWireless service as well. Their web site is much more honest than the Sentech one, explaining that there are limits to the speed, and not making all that hype about "broadband". And they have their own technical support desk. I'd rather pay the money to Autopage, even though it isn't broadband. At least they listen to their customers.


Beware of Your Own Greed

Many competitions are conducted purely to capture your personal details so that people can send you junk mail or phone you at home. So beware when entering a competition, and write "Private and Confidential" on the entry form. Don’t give your home number, rather give a cell number. Don’t give your home address - use your box number at work. When you fill in the form you are usually wanting to make sure your details are correct so you can be contacted to win the prize. But the real prize you are winning is a whole load of junk mail. See notes on GrabamillionRand.com below.

Of course the people capturing the data will comopletely ignore your "Private and Confidential" message, but when you return their mail in their prepaid envelope, be sure to point out that their mail was unsolicited and they should remove your name from their mailing list immediately.

In an on-line environment, never give out your private e-mail address to anyone unless you know who they are and what they intend to do with it. That includes competitions, surveys and places that require your e-mail address for "identification". If you have done the extra steps to your hotmail account (described above), then use that address wherever possible. If you want to receive a specific mail from someone, you can set the Junk Mail Filter on Hotmail to "High" for a while until the message arrives. Make sure you change it back to "Exclusive" when done.


Beware of Giving Your Identity Away

"Prove that you are who you say you are!" We often rise to this challenge by showing someone our ID document or some other documentation. Showing it is one thing, faxing it or sending a copy to someone else is entirely different. The "419 scam" works on this kind of identity theft. They typically promise to deposit money into you account, and ask you to verify who you are. Once they have sufficient information about you, they use this information to deduct money OUT of your account instead of depositing money IN your account.

The latest wrinkle is that there was a claim that hackers have obtained databases of eBay users credit card details (eBay denies this) either by direct hacking or by "phishing" information from gullible users. It turns out that the warning was bogus and the www.419legal.org web site was a "phishing" exercise, where users were asked to "check" their card details online. Who do you believe? If you read the story on the front page of your newspaper, call your credit card company, not anyone else. Don’t give your card details to anyone you don’t know. And if you use it for "age verification" on an "adult" web site, you deserve to have your money stolen.


Check Your Personal Information

There are companies that track your spending, bounced checques, unpaid accounts and so on. These people keep information about you from banks, credit card companies, retailers and insurance companies. Fortunately you are entitled to insist that they correct information that is incorrect, even if you can’t get them to remove it.

  • Check Your Credit with I-Digital Africa (Pty) Limited. Better make sure it’s accurate, even if you have to pay R53.58 for the priviledge. You also have to agree to some stuff. But on the other hand, if you read the details you can find out who has been doing credit checks on you! If the data is wrong, then contact ITC and get them to fix it. Once you get your watermark number, you can check your details again

  • Personal Credit Profile with TransUnion ITC (Formerly Information Trust Corporation). Better make sure it’s accurate, even if you have to pay R57 for the priviledge. If it isn’t correct, contact their call centre on 011-214-6000 / 011-488-2999 (Johannesburg), 021-401-4200 (Cape Town) or 031-366-8222 (Durban). Read the advice they offer carefully.
If your details are incorrect, fax them a copy of your ID document and a letter giving them the correct details of your surname, employer, address, and so on. The fax no is 086-670-1737. You can’t prevent them from keeping your details, but you can ensure these details are correct.

There are four primary categories of information contained in each type of credit profile:

  • Identifying information
  • Your name
  • Current and previous addresses
  • Identity number
  • Telephone number
  • Date of birth
  • Current and previous employers
  • Credit history
  • Your history of paying bills with credit grantors, such as Retail stores, Banks, or Finance companies Public records
  • Items that may affect your creditworthiness, such as: Court judgments, Liquidations & rehabilitations, Administration orders.
  • Notarial bonds

Enquiries lists identifying the credit grantors and other authorised parties who have received your credit profile. Enquiries also contain lists of the companies that receive your name and address information for the purpose of offering you credit.

Your TransUnion ITC credit profile does not contain cheque or savings account information, medical histories, major purchases paid in full with cash or cheque, business accounts - unless you are personally liable for the debt, credit scores, your race, gender, religion, or national origin.


I recieved the following email dated Friday, 01 October 2004 17:02

Since May, I have been trying to get ITC to stop selling my contact details to mass marketers without any success. The marketers perform a "credit check", and use the results to get my contact details and contact me. Since ITC is earning quite a bit of money from this they don't have any real reason to stop it. I have attempted to get Standard Bank involved (since ITC got my latest contact details from them). Despite the fact that Standard Bank say that they bind third-parties to their privacy policy, they have shown no interest in putting any pressure on ITC. Since the banks give all your details to ITC, and your details with the banks (under FICA) have to be current, this means that there is no possibility of privacy if you use a bank in SA. I've tried the Credit Information Ombudsman, but he is unable to help.
So it would seem that there is a huge loophole in this whole system: ITC makes no attempt to determine whether you have given permission for your credit details to be accessed. ITC customers have to sign a contract undertaking to obtain your permission, but there is nothing on their system that attempts to verify whether the permission was obtained or not. There is also nothing on their system to indicate to direct marketers doing a "trace" on the system that your number is unlisted or not or that you do not wish to receive unsolicited mail at your postal address. This is likely to change sometime soon: ITC is not a member of the MFSA but is in the process of subscribing to the Mail Preference Service List. This means that any subscriber requesting updated contact details will not be given your new postal address.

I have contacted Lauren Kleynhans at their Communications Department (Phone 011-214-6414 or 011-214-6000) and they will investigate further.

They have a "profile monitor" service that tells you when your credit profile is being accesses, but this costs R180/year or R15/month, but doesn't stop anyone from getting your personal details and misusing them.

"TransUnion ITC does not sell Marketing lists. We do provide updated information on consumers to our subscribers on receipt of their customer list that they forward to us for updating and in some instances precredit vetting. It is the responsibility of the credit grantor to obtain consent from the individual to access their information. In many cases when a consumer signs a credit application they give their consent (in the fine print) for their information and the way in which they manage their account to be shared with credit bureaus and other credit grantors for use in decisions around credit facilities."
TransUnion ITC does not prevent marketers from updating their lists with my details, even if it isn't for credit checking purposes. And they have no way of knowing whether I have given my consent for a credit check to be done.

Statistical Data on ITC Database:

Consumer Profiles on ITC’s database

33 million

Credit Active Consumer Profiles on ITC’s database

16 million

Verified ID’s

15 million

Business Profiles on ITC’s database

1.4 million

Credit Active Business Profiles

300 000

Payment profile monthly loads

30 million

Average number of payment profile lines per credit active consumer

2.6

Monthly judgment load

85 000

Total in-date judgments

6.2 million

Monthly new default information load

107 000

% of Profiles with no judgment or default information (positive)

85%

% of Profiles with either judgment or default information (negative)

15%

Source: National Consumer forum, April 2003

According to the Code of Conduct of the Credit Bureau Association, the consumer has the right "... to review all enquiries on their credit profile to determine if there has been unauthorized use of the information."

Check Your Personal Information II

You can also check to see if anyone is a registered voter. Just guess their ID number and get back the person’s full names and voting district. It’s a great way to see if someone is giving you a valid ID number, don’t you think? Also, most marketing people seem to think that the information on the voter’s roll is public knowledge. It isn’t. In fact it’s a criminal offence under the electoral act to use this information for anything other than getting people to vote. So much for privacy guaranteed by our constitution.

AutoCheck has a huge database of vehicles and vehicle part numbers. If your vehicle is stolen you can hotlist it for free by phoning 0861-601-601. You can also find out about a vehicle that you may want to purchase, for around R100, and there is also a service that alerts you to any change to the security status of the vehicle.



Name the People Who Don’t Respect Your Privacy

From the Mail and Guardian, 3rd December 2003:

Private details free for all

It was about 8pm on a Wednesday when “Julian from RCS Foschini Retail Group” called me at home to tell me about a “special offer”.
    And here I thought only my five nearest and dearest had my unlisted home number — aside from Telkom, which installed it. But “Julian”, a young chipper-sounding guy, said he had obtained my details from Foschini’s RCS financing division.
    I do not own any clothing cards, have not applied for a loan from any banking, micro-financing or other institution and do not have any hire- purchase agreements. In fact, I am debt-free!
    It makes me a miserable candidate for any future bank loan — they insist on a credit history — but apparently a great customer for unscrupulous agents who feel spam e-mails and junk mail are not sufficiently intrusive marketing ploys.
    Enquiries as to how my unlisted telephone number was obtained, to tout a “special offer”, resulted in the discovery that my private details could be purchased and resold without my knowledge at less than the cost of a postage stamp.
    Everyone — from retail and marketing companies to database compilers — feigned surprise that my private details had been obtained by a tout, even though I have no clothing accounts or loan agreements. And every manager I spoke to was amazed that I was complaining. Apparently I was the first to object to my private details being used in this way.
    I knew it couldn’t have been my bank that had given out my details, because it only has my work and cellphone numbers. Incidentally, I also signed a form prohibiting my bank from giving out my details. Depending on who you bank with, you may have to request the form.
    In this grey area of the law, many accuse Telkom of selling customer information — more out of suspicion than proof. Of course, Telkom claims it does not sell customer details, it places the blame on database traffickers. But it does supply reams of information to credit bureaus.
    Who checks out details at the credit bureaus? Well, those companies that compile databases.
    Telkom insists it has “a policy not to give out any customer details”. “Everyone at Telkom knows that,” said a Telkom official.
    Unlike the United States, no strict privacy laws exist in South Africa and codes of conduct are simply not legally enforceable.
    According to an Ernst & Young survey published on the Biz-Community website in May this year, 77% of South African consumers feel companies send them too much unsolicited advertising material and 74% say this bothers them. Sixty-five percent believe “too many companies call consumers at their homes”.
    About 89% of respondents say “there should be legislation to prevent companies from sharing their information with others without their permission”. And 94% want privacy legislation to prevent unsolicited advertising.
    The government has started a process that will allow the minister of communications to declare certain private databases as critical. This means that those databases can be protected by stringent rules about what can be done with the information they contain. This power was obtained under the controversial 2002 Electronic Communications and Transactions Act.
    An inventory of all private databases is being compiled by a set of consultants who this week began contacting organisations and companies.
    The South African Law Commission is currently investigating privacy and data protection issues and whether these should be regulated by legislation. From “medical records, purchasing habits and property ownership to borrowing habits at the video store, cellphone conversations and surfing practices on the Internet … It is clear that personal information has acquired a market value,” the commission said in a statement. It is calling for public comments by December 1.
    To cut a long story short, I was told to phone RCS Personal Finance — a subdivision of RCS Financing — directly and was also given the names of two “service providers”: Direct Channel Marketing and Effective Intelligence.
    Incidentally, an Internet search revealed RCS Personal Finance, or rather its advertising company, won an Assegai award in August 2002 for advertising its “re-advance loan package”.
    On its website Effective Intelligence proclaims its “mission is to revolutionise the market in providing data solutions”, compiled through “many public and private sources”. It offers “3,4-million verified names and addresses of economically active consumers”, some with telephone numbers.
    However, RCS Personal Finance finally admitted that they got my name from a third company, ListsSA.
    Check out their website at www.listsa.co.za. For R580 for a 1 000 names you can rent “basic selectors” — age, income, gender. An additional R500 gets you telephone numbers and another R200 identity numbers. On its retail prospect database it costs R620 for a 1 000 names and basic selectors.
    That means my details cost R1,08, or R1,28 with my identity number, on the cheaper database; R1,12 or R1,32, on the more expensive option. A stamp costs R1,65!
    ListsSA’s parent company is a member of the Direct Marketing Association. Thus it subscribes to the association’s code of con- duct, which states that “sales and marketing calls shall not knowingly be made to unlisted or ex-directory numbers”.Not having found any other consumer body, I thought I would take up the association on its offer to remove an individual from all databases of their members. But to do so, I need to fill in a form with all my details!

If you receive unsolicted mail, SMS messages, and so on, and can track down their source contact numbers and names, please let this webmaster know, so their details can be publicised for the benefit of all. Make sure you have had your details placed on the South African Mailing Preference Service first. Download the form and fax it to 011-832-3512.

My former landlady violated my privacy. Click on the link to read about avoiding the "Landlady from Hell" syndrome.

The mailing list company called "Blackwood Mall" violated our privacy by selling my wife's details to Metropolitan Life. I shudder to think how they got the details in the first place, since they are wrong. Their address is, Unit 5, S Cape Industrial Park, Leo Road, Diep River, Cape Peninsula. Phone 021-705-4223. In April 2004 I spoke to Dick Stear at Blackwood Mall and he admitted that they supplied the data. Blackwood Mall is a member of the Marketing Federation of South Africa, but doesn't download the South African Mailing Preference Service list. Since I complained they haven't sent any more mail.

Fin-Dynamic 011-805-9509/11 have called on several occasions, telling us about the so-called prizes we have won. The less said about these marketing types the better. They have called several times, dispite us telling them we know who they are and what they do.

Here's another one: The Alternative Group (TAG), 15 Richards Drive, Midrand. Phone 072-248-2366. They like to phone residential numbers on a public holiday. I didn't even ask what they were selling; my name isn't Danie, and my home number is NOT listed. So whatever they are selling I don't want to know.

The company that is misusing Cybertel information is called Equitac, 11 Somerset Office Park, Constantiakloof, Roodepoort. Phone 011-279-1400, or phone Willem van Yaarsveld 012-304-5700 at their Pretoria office. When you phone the Roodepoort number it is answered as "Holiday Club". They assured me that they weren't selling timeshare, but of course they have resorts and they wanted to invite me to attend a presentation. Sure thing. I just look like an idiot.

The wonderful people at Ster Kinekor Moview Club suddenly decided to send me emails about the "Pooky" movie and VisitBritain. Nice of them to ASK first. What's more, the unsubscribe-movieclub@sterkinekor.co.za email address provided on their web site doesn't work. I have filled in a form on their web site demanding an explanation. I wonder if they'll even bother to respond. Neither email has provided any explanation of why they would suddenly start sending me junk after all this time, and there is no unsubscribe facility indicated in the email. After waiting a week with no response, I phone 011-386-3000 and lodged a complaint. They assured me that the details would be kept private (see their privacy statement below) but what they don't say is that the emails they send out have no unsubscribe facility, and when you click on the link provided in their "Visit Britain" promotion it gives your email details to the third party automatically. You then have to "unsubscribe" which only confirms that your email address exists in the first place.

The infinitely helpful people in the legal department of TransUnion ITC don't respect the privacy of my contact details. I wrote and asked them to please tell me who has accessed those details in the last 4 years. They refused. Why? Because they don't know, and they don't care. "TransUnion ITC does not sell Marketing lists." they don't need to: they simply "correct" the existing lists of anyone of their subscribers who request this information. "... We do provide updated information on consumers to our subscribers on receipt of their customer list that they forward to us for updating ..." They make no attempt to check whether the subscriber has obtained permission from the customer to do so. The pass the buck back to the subscriber: "... It is the responsibility of the credit grantor to obtain consent from the individual to access their information." The only way to prevent them from dishing out your confidential contact information is to get them to remove it from the list. I have sent an email to them requesting they do so. Contact their legal department on Tel (011) 214 6524 or fax (011) 214 6266. They also refused to say how many subscribers they have, or how many of them have been prosecuted or disciplined for incorrect use of their data. Why? Because they don't care, and they hide being the phrase "We are unable to provide confidential information" but only when it suits them, not the consumer. I have written to them to request that they change my details as follows:
Home phone number: UNLISTED
Work phone number: CONFIDENTIAL
Cell phone number: UNLISTED
Residential address: PRIVATE, [suburb], [post code]
Postal Address: CONFIDENTIAL
Since none of this interferes with their ability to do credit checks, I'm sure they'll be more than willing to oblige. They weren't. They refused to change a thing.


Check for Privacy Statements

There are good guys out there who have privacy statements that are clear and unambiguous. But you often need to search hard to find it. It is worth the effort.

  • eBucks.com: "Your privacy is important to us. We will therefore not sell, rent or provide your personal information to unauthorised entities or to third parties for their independent use without your consent."
  • DigitalMall.com: "We do not sell, rent or barter your information."
  • SANLAM: "Sanlam does not sell, rent, or trade your personal information with anyone. As a result of our relationship with the Sanlam intermediaries/advisors, we will be sharing with them information about you. We may also share information within the Sanlam businesses."
  • Metropolitan: "... Metropolitan Life is committed to ensuring that the right to privacy of Administrators, Managers, Representatives, Brokers and Members alike are protected at all times."
  • I-Digital Africa: It’s ironic that a credit agency would have a privacy policy, but part of it states: "I-Digital will not use or pass on any of the information submitted through the course of obtaining a WaterMark including, specifically, e-mail addresses for purposes unconnected with WaterMark issuance."
  • Tracker: "... respects your privacy and seeks to protect your personal data. The following information describes how we gather and use data."
  • Sterkinekor "... truly believes in keeping your confidential information just that...confidential! Any details you post to our site serves only to serve YOU better. The more we know about what you like, where you live and who you are the more we can enhance your movie experience. We have absolutely no interest in selling the information." No, they don't sell it, they GIVE it away by getting you to click on "competition" links when they send unsolicted emails!
  • GrabamillionRand.com: This is an example of a web site with no privacy at all. They claim to be an opt-in list bet when you join you aren’t told that you are joining a mailing list. Actually if you read it carefully it’s an opt-out list: "GrabamillionRand.com is a web site dedicated to creating an opt in email database where the users receive 1 email per week. All emails will contain an unsubscribe link so anyone may opt out at any time."
If you find one that you think is first class, it can be added to this list. Let us know. Important note: just because these organisation promise not to disclose your information to others, doesn’t mean they don’t buy mailing lists such as the "GCD" to send you junk. Make sure you get taken off these lists.


‘Public Domain’ Sources

Many people consider the Voter’s Roll and the phone book to be information in the “public domain”. But the entire contents of the phone book are copyright, and there is a usage notice on the Yellow Pages web site. So why do people consider that information to be in the “public domain”? Basically, because the publishers have little or no way of enforcing that copyright. The best way is to make sure your details aren’t in the book in the first place.

From the EasyInfo web site:

What happened to the personal pages?

A message for visitors to easyinfo.co.za from managing director, Alan Lipschitz

You may have noticed that on Tuesday 19 February, we removed the personal pages directory that we launched on 26 January. We were immensely proud of this product, and went to great lengths to develop a database that complemented our existing products.

As you will have read in the press over the last 2 weeks, the database raised questions regarding privacy of information and law.

EasyInfo had sourced this database through a legitimate but confidential source, Telkom had concerns that numbers not listed in the phone book were listed on our site. Following discussions with Telkom, I am pleased to announce that EasyInfo, Telkom SA and Personal Pages (the publishers of the directory) have reached an out of court settlement. As part of this settlement, we agreed to remove the directory from our site.

If the publication of this database offended anyone, we apologise. The truth is that EasyInfo is in the business of information, and we do not apologise for developing databases that are both accurate and extensive. We are committed to offering you the most comprehensive online databases possible, and the development of the personal pages was a further step in the right direction. The additional 400 000 visitors to the site and the additional 7 million site impressions over the 3 weeks that we published the directory, proves that we had developed a product that the market requires.

While I respect the right to privacy, and removed names of those who requested this from the database, I am committed to the development of this and similar extensive database products. ...

Good riddance to bad rubbish! If this is someone’s idea of a publicity stunt, they should be ashamed of themselves! And all that "spin" about how people "wanted" the product is despicable. If you read it carefully you will see that actually they couldn’t care less about privacy and if they can find another way of publishing the same kind of information they will.

It is great news that Telkom tried to protect their copyright, but when are they going to protect their customers when they are doing exactly the same thing?


Electronic Phone Books that you can search and download cheaply

If you thought it was bad that they yellow pages and white pages were available to the general internet (with restrictions) you can also get this information from the CyberTel service on Telkom's Cybertrade system. I got a call from a Holiday Club company (groan) who told me they got my business phone number from Cybertel.

From the Cybertel web page:

CyberTel is an exclusive service to CyberTrade. This service allows subscribers to gain access to Telkom’s electronic telephone directories and access information on consumer and business customers that are listed in the white pages.

Information searches include telephone and fax numbers, toll-free numbers and telex numbers.

The service allows for various different ways of searching the database and receiving information on customer particulars.

I phoned their enquiries number 0800 578 578 and was told that I can get 10 hours usage per month for as little as R64.30. What this particular mareking company has done is use special software the interrogate the CyberTel database and print out the names and numbers of target clients and phone them. They just type in a particular target area, and get a list of phone numbers and company names. Never mind that this violates the copyright of the Telkom phone directory. And Telkom has a disclaimer that indemnifies them from the improper use of the information they provide. How convenient.

The company in question that is misusing this information is called Equitac, 11 Somerset Office Park, Constantiakloof, Roodepoort. Phone 011-279-1400, or phone Willem van Yaarsveld 012-304-5700 at their Pretoria office.


“Dangerous Data” - your privacy has expired

The title of the book says it all. Fortunately it's a novel, but it illustrates just where our information-rich society could be headed. The entire story is told from the point of view of a self-confessed "data detective" who works entirely from his office. He uses credit card, medical, shopping, telephone, department store, legal, corporate email and other records to follow the lives of 4 people in London. He never meets them, but gets to know them intimately: what they eat, what perfume they wear, where they went on holiday, who is cheating on whom, and so on. It's fascinating, but it leaves one simple question unanswered: how did he gain access to this data? I think of the real answers to those questions were known to the general public, we would have riots in the streets. But the novel also asks other more profound questions, such as the nature of privacy, and the ethics of how the data is revealed and used.

I bought my copy at the CNA, and paid for it with my card. But then you knew that already. Wink [;)] You can get it online. All you need to do is search.

Title: Dangerous data
Author(s): Lury.Gibson
Publisher: Corgi
ISBN: 0552148709
Published: 2002
Format: Softcover
Kalahari.net, exclusivebooks.com, amazon.co.uk
There is no longer a simple delete button. Nothing can ever be truly erased. The facts are always there, safe on a database. Someone's looking through it. Sifting. Data-mining. Discovering your secrets. Someone like Dogg: Data Detective.


Why Monopolies Are Really Bad

Partially privatised arrogance

You are the monopoly service provider in a market with millions of customers. You have a stranglehold on everything from residential voice calls to commercial data and internet services. You set your prices with no reference to any obvious market imperatives and thumb your nose at the regulatory authority.
You have the political cover to slash staff numbers in half, declare large profits and pay astronomical bonuses to top management, threaten trade unions with "derecognition", and then slash staff numbers some more.
As the saying goes: nice work if you can get it.
This week, the arrogance and lack of accountability that Telkom serves up to its customers in abundance were shovelled in the direction of its employees. Interdicted by the labour court from laying off more than 4000 workers until they had consulted with recognised unions, Telkom wasted no time in announcing that it would go ahead with the layoffs whatever the outcome of the "consultations".
Add this to the list that Telkom treats with contemptuous disregard, a group that includes the Independent Communications Authority of South Africa, telecoms companies, and even the government's stated social goals of job creation and poverty reduction.
The labour court made a good call on Sunday. While it did not stop Telkom from pursuing retrenchments, it decided that the company was in breach of the Labour Relations Act if it offered voluntary severance packages without discussing its options with the three unions that represent almost 80 percent of its workforce.
Unions insist that the company does have other cost-cutting options if it is genuine in its quest for greater efficiency. One of these would be more reasonable salaries and bonuses for its chief executive Sizwe Nxasana, and other senior managers. Telkom paid Nxasana almost R12million in salaries and bonuses last year, as reward after the company declared profits of R4,5billion.
It goes without saying that very little of that lucre saw its way to the workers, who still bear the brunt of a one-sided cost-cutting regime that is pursued with almost ideological zeal. Since its partial privatisation in 1997, Telkom has shed 25000 jobs, its tariffs have skyrocketed, 80 percent of the new fixed lines rolled out under its development obligations have been disconnected and its customer service remains appalling. Nor is efficiency a word that comes to mind.
Indeed, it seems that the only people who have gained anything of value out of the 1997 sale of 30 percent of Telkom and the 2002 listing are its executives and major shareholders.
Free-market advocates often warn that the only thing worse than a state-controlled monopoly is a privatised one. Over seven years, Telkom has done little but prove the truth of this dictum. This government, which wants to halve unemployment by 2014, would do well to examine precisely what has been achieved by the privatisation exercise at Telkom.

Editorial from ThisDay newspaper, 18/08/2004 page 10. Cartoon from ThisDay 26/08/2004. © 2004 ThisDay Media (Pty) Ltd.


Legal Warning

If you send me a lawyer's letter/email or threaten to sue I will publish it, even if you ask me not to. I have the right to fair comment and criticism in the public interest. It's called freedom of speech. And it's protected by both the US and SA constitutions.

If you feel some statements are incorrect because details or further information is missing, rather send me the missing information, and explain the inaccuracies. I would rather sort out the errors than get involved an a legal slanging match. Bear in mind that threats of legal action only make you or your company look worse. And be sure you understand exactly what you mean by defamation or trademark infringement. If your trademark doesn't have a ™ or ® symbol on it, don't expect people to know it is trademarked. And bear in mind that this site doesn't sell anything or make money. Please read the acceptable use policy of the hosting company.

Every care and effort is made to ensure that links are correct and details are accurate. If you find a link that no longer works, please let me know. If you know of any companies or sevices that infringe on the privacy of others, or that go out of their way to protect the privacy of others, please let me know.

There are past copies of this web site here

Together we can - Metropolitan
This site is brought to you in part by the good graces of Metropolitan Life, who threatened to sue me but have decided not to. Together we can ... settle our differences like adults by talking to each other instead of sending nasty emails.
Many thanks to Eddie Arpesella, General Manager of Metropolitan Direct, who apologised, clarified things and set the record straight.


How More Embarrassing Can It Get?

When you're a partner in a prestigious law firm and you sue a parody web site on behalf of a monopoly that everyone hates because of their shoddy service, don't do a shoddy job. Unfortunately this advice comes too late for Mr Jan Stander of the Trademarks department Adams and Adams in Pretoria. His email to the webmaster of the Hellkom.co.za web site reads as follows:

Dear Sir
SOUTH AFRICA - Trade mark registration no. 91/5809 TELKOM and others in class 35 in the name of Telkom SA Limited and objection to website telkomsucks.Ocatch.com

1. We act on behalf of Telkom SA Limited.

2. Our client is the proprietor in South Africa of the well-known TELKOM and Keypad logo (TELKOM) trade marks in various classes. We attach as Annexure "A" details of our client's trade mark registrations. We collectively refer to the above trade marks as the 'TELKOM' trade marks.

3. Our client has spent considerable time, money and effort in the promotion and establishment of this trade mark, and as a result, the mark has become known in the relevant trade sectors in South Africa and internationally. As a result of this extensive use, our client has acquired a reputation and goodwill in its mark, and therefore also has common law rights in its TELKOM trade marks, worldwide.

4. Accordingly, our client is also entitled to prevent the use by another person of its registered trade mark in relation to goods or services, if the use would be likely to take unfair advantage of, or be detrimental to, the distinctive character or repute of our client's registered trade mark. Section 34(1)(c) and Section 35 of the Trade Marks Act no. 94 of 1993 apply in this regard. Furthermore, our client is also entitled to protection of its well-known trade mark in terms of Article 6(1)bis of the Paris Convention.

5. Our client has been made aware of the fact that you are the subscribing partner of the domain name telkomsucks.Ocatch.com. This domain name is confusingly similar to our client's well-known TELKOM trade mark. You are further using various logos, such as HELLKOM, TELSCUM, MELK-HOM, TELKON, TELSKAM, MONOPOLY-DOTCOM, GELDBOM, DJOUMA, EXPENSIVE on your website that are confusingly similar to our client's TELKOM trade mark.

6. Your unauthorized use of our client's trade mark in this manner, takes unfair advantage of, and/or is detrimental to the distinctive character or repute of our client's TELKOM trade mark, and thus infringes Section 34(1)(c) of the Act. Your actions also amount to unlawful competition, at common law but are also defamatory in nature.

7. Therefore, your registration of the domain name furthermore amounts to male fide use of our client's trade mark, and is thus objectionable. It also constitutes defamation of our client. Our client is therefore entitled to object to the domain name and the use of the disparaging logos. Our client is also entitled to apply to the High Court in the United States for an interdict against you based on the above.

8. Accordingly we call upon you immediately to:

8.1 cease all use of and disenable the domain name www.telkomsucks.Ocatch.com or any other name confusingly or deceptively similar to our client's TELKOM trade mark, as you are no doubt unilaterally entitled to do so;

8.2 cease all use of the infringing marks mentioned in paragraph 5 above, or any other marks/logos that are confusingly similar to our client's TELKOM trade mark.

8.3 undertake, in writing, never to make any unauthorized use of our client's TELKOM trade mark, or any confusingly or deceptively similar trade mark, in any manner or form whatsoever, again in future;

9. We require your response by no later than Friday, 13 August 2004. Should you fail to comply with our demands, we will take our client's instructions on instituting further action against you, as well as claiming damages against you in an amount of no less than R5 million.

Yours faithfully
ADAMS & ADAMS

Ms N Harryparsad
obo J F STANDER
PS: Please note that the annexure are voluminous, and will follow separately.
Tel : + 27 12 481 1707
Fax: +27 12 362 6437
Jan@adamsadams.co.za
Of course the problem with this is not the outragous threats, but all the mistakes made.
  • They got the web site address wrong. Twice. One wonders if the author has even visited the web site.
  • The "High Court in the United States"? I always thought it was the Supreme Court of the United States
  • The .com domain is not country-specific. I guess it's because "ZeroCatch" has their mailing address in 252 North Orem Blvd, Orem, Utah 84057, USA. So they file suit against a South African site in Utah? The mind boggles.
  • None of the "offending" logos are even displayed on the telkomsucks.0catch.com site.
  • Erroneous citations: Trade Marks Act "no. 94 of 1993" when it should read "194 of 1993"
  • Paris Convention "Article 6(1)bis" when it should read "6bis (1)"

All of this prompted an advocate to write the following:

Dear Mr Stander,
I have been asked by Gregg Stirton to respond on his behalf to your email to him of 10 August (as forwarded to me by him and copied beneath the line of "xxx"s below) concerning various complaints of your client Telkom SA Limited with regard to (a) the domain name telkomsucks.Ocatch.com and (b) the content of a website hosted (or formerly hosted) under that domain name. For the purpose of this response, I shall assume that Mr Stirton is -- as your email seems to imply or take for granted -- the owner and/or controller of the said domain name and website (though I have no authority from Mr Stirton to admit on his behalf that he is, and though I do not in fact know whether he is or is not). Accordingly, I shall in what follows (and for the sake of convenience only) refer to the said domain name and website as "Mr Stirton's domain name" and "Mr Stirton's website" respectively.

I ought perhaps to make it clear at the outset that I am not Mr Stirton's attorney of record in this matter. He has (so far as I am aware) NO such attorney at present, and I am merely a legally-trained friend of his -- I am an advocate (not an attorney) in this country and also an attorney (in the American rather than in the South African sense) in New York -- who has agreed to assist him (on a voluntary basis) for the time being. Further, I have no specialist knowledge of the South African law relating to trade marks and I have made it clear to Mr Stirton that in my view he ought to consult an attorney who DOES have such knowledge if there is any real prospect of litigation between your client and him concerning the trade-mark-related matters alluded to in your email. I am, however, able to read -- and even the most cursory examination of the Trade-Marks-Act sections and Paris-Convention article which are referred to in your email is in fact sufficient to reveal the utter IRRELEVANCE of such sections and article to a situation (such as I understand the present one to be) in which the person whose conduct is complained of is in fact carrying on no trade or dealings of any sort in relation to any goods or services whatsoever. Section 34(1)(c) of the Trade Marks Act (194 of 1933) is quite EXPLICITLY limited (in its application) to unauthorized uses of marks "in the course of TRADE in relation to any GOODS OR SERVICES" (my caps) -- and so far as I am aware no such trade is being or ever has been conducted from or via Mr Stirton's website. Section 35 of the same Act, in so far as it has any conceptual bearing upon the matters presently in controversy at all, is (in effect) similarly limited by the words "in relation to goods or services ... [etc]" in subsection (3) thereof. And Article 6bis (1) of the Paris Convention (for the Protection of Industrial Property) -- which is what I assume to be meant by the reference in your email to the non-existent Article 6(1)bis -- has to do only with marks "considered ... to be well known ... as being already the mark of a person entitled to the benefits of this Convention and used for IDENTICAL OR SIMILAR GOODS" (my caps).

By reference to what "goods" or "services" traded or dealt in by Mr Stirton do you consider the above-discussed provisions of the Trade Marks Act and Paris Convention to be relevant to any legally-sensible complaint on your client's part concerning the content of Mr Stirton's website? In paragraph 6 of your email, you say that Mr Stirton's "actions" amount to "unlawful competition": can you please explain in what way you think that they amount to COMPETITION -- whether lawful or not -- AT ALL?

I have not yet had time to examine the content of Mr Stirton's website in search of possibly-DEFAMATORY content -- though so far as I am presently aware there is none. But in so far as your email has to do with TRADE-MARK INFRINGEMENT (including trade-mark dilution) it seems to me to amount to an attempt simply to scare the addressee through the use of suitably-intimidatory (but actually-irrelevant) legal jargon. The email is also replete with instances of bad grammar and faulty (and therefore confusing) punctuation, erroneous citations (e.g. Act "no. 94 of 1993" when you mean "194 of 1993", and "Article 6(1)bis" when you mean "6bis (1)") and logical non-sequiturs -- all of which have the effect of making it extremely difficult to follow. In the circumstances, I would greatly appreciate it if you could email me a simple and unambiguous statement of what exactly it is that your client wants and on what sensible legal grounds (if any) it claims to be entitled to it.

Meanwhile, I have to tell you that your clients' chance of obtaining injunctive (interdictory) relief from any court in the United States in respect of the bare existence (and/or use) of Mr Stirton's domain name (or any similar domain name) is in my opinion extremely remote, not least because of the implications of last year's US-Court-of-Appeals decision in Taubman v Webfeats and Mishkoff 2003 FED App. 0043P (6th Cir.), a copy of which is accessible online at http://pacer.ca6.uscourts.gov/cgi-bin/getopn.pl?OPINION=03a0043p.06
Regards,
SMD (Michael) Alachouzos (Adv.)

Also, they should have read the following disclaimer on the www.hellkom.co.za site:

The contents of this site is for personal use - if you choose to download anything you do so at your own risk - I am not to be held liable for any proceedings against you or others resulting from the use of anything on this website. I am protected by the Freedom of Expression Act under Paragraph 16 of the Constitution of South Africa from any legal action being taken as a result of the use of any information on this website as it is my personal opinion. All news links are hosted on their respective publishers' websites, and Hellkom is not affiliated in any way with any of the website links which may appear in any of the pages. The logo creations and jokes are parody, intended for entertainment purposes only and are not to be taken seriously. As a precaution to eliminate any confusion which could arise regarding this website, do note that Hellkom does not endorse any goods or services by Telkom and is not affiliated with them in any way whatsoever. Furthermore the use of the Telkom name is not used on this website in any way which could be deemed as copyright/trademark infringement or unlawful competition and we have no intention of doing so. As this site has been registered as Hellkom and does not contain a trade mark to which goodwill is attached it cannot be considered as 'passing off' as documented in the terms of the South African Common Law. Additionally this is a non-profit website and has been established for public interest as everything stated herein is factual and true. Opinions may differ.
There are more interesting quotes in relation to "passing off" claims here. And Just when you thought it couln't get any more comical, check out www.fucktelkom.co.za as well as www.i.love.adams.and.adams.karnaugh.za.net

The moral of the story:
(a) Fools rush in where others fear to tread. So do your research first. Do it properly.
(b) If your customers are already upset with you, no amount of bullying will make it better.
(c) People who run parody web sites are not stupid. Don't underestimate them.
(d) Listen, learn, and improve your service. Turn adversity into an opportunity.
(e) If you're the law firm, make sure you don't make any serious cock-ups. And do your own PR.

Oh, and did I mention that all of the partners in the Trademarks department of Adams & Adams in Pretoria are all white (judging by their photographs)? Granted, some of the more recent, less senior partners are women, but still ... We are 10 years into our democracy, folks!

On the plus side, they have supplied me with a useful document on trademark law.

Can you spot the difference between these logos?

This one is boring. It appears on Telkom vehicles, invoices, adverts and just about everywhere else. The slogan is basically meaningless. The company that uses it fleeced the public of R4,5 billion last year alone.

This one is funny. It appears on a parody web site. The slogan is basically true. It is not used to market anything, and you can't buy it anywhere. The company on the left is claiming damages of R5 million against the private individuals who run the web site. The only reason they run the site is because of the arrogance and incompetence of the company on the left.

Before we leave the subject of logos completely, can you spot the Telkom logo in the logo of one of Telkom's lawyers? Of course they will say it is pure coincidence, but what is good for the goose is good for the gander, and ignorance is no excuse! What's more, they published the Hellkom logo in one of their newsletters. Is this a scandal, or do they know that the whole court case is just a load of hot air? You decide. I don't think we'll see Buys Inc as one of the defendants anytime soon, though. If there is a case at all.

Reinhardt Buys sent me this brilliant tongue-in-cheek response. I guess one of the reasons why he has earned the respect of the industry that he serves is that he is very much "with the program" in terms of technology and how it works. South Africa needs more legal minds like this.

“Free-market advocates often warn that the only thing worse than a state-controlled monopoly is a privatised one.”




Operators are standing by! Previous Page ...

On the previous page:


Contact Information

Black and White Inc logo

You can contact the webmaster at the address below in connection with this site. It is put in a gif file to prevent spam.
Contact information. Private and Confidential
Privacy Policy: If you contact the author your name will not be placed on any mailing lists or disclosed to any other party without your express permission. Unless you send me a threatening legal letter. Then your email address is published on this site, as part of the letter. Please read the privacy policy and acceptable use policy of the hosting company.

Please visit the web site of Black and White Inc, the software development company of the author.

OpenAccess


Monitor page
for changes
    
   it's private  

by ChangeDetection
.

US Citizens are not welcome to this web site.


FastCounter by bCentral
This page last Updated: 13:10 11/11/2004

®™

I am informed by John Williams at Adams & Adams, “... according to my records, Telkom presently owns no less than 569 registered and pending trade marks.” One wonders why they don't use the ™ or ® marks on their web site or in the phone book. Except for the Yellow Pages logo, of course.

All trademarks are the property of their respective owners. Copyrighted works remain the property of their respective owners. See the terms and conditions