The membership agreement also cites which privacy policy applies to these services, and, that both the membership & user agreemtns together, along with the privacy policy, to form one complete agreement.
I posted the "how I reached phoning" a little lower down in this thread, for ease of finding it, you can ctrl+f for my reply that starts with "I started my update around 3pm EST yesterday" or just scroll down til you see it.
If you'd like to seriously debate/dispute this, please, I urge you, read the entire thread and not just this OP, it's getting tiresome repeating the same things said hours ago :(
No offense to anyone in particular, I'm a cranky kitty...
Other relevant link(s):
From the Federal Trade Commission - the "Fair Information Practice Principles" - which might answer some of your questions in regards to "Why complain about a silly little game?" (and keep me from repeating myself :D), I wholeheartedly support the points made therein.
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Old post follows new post -
I phoned the California Office of Privacy Protection to ask about their responsibilities as a businessed based in California, was told that I should be able to "opt out", that I should be able to ask and recieve information on what measures their company takes to protect my information, and that I should be able to point out innaccuracies in their privacy policy to enact a change to that policy.
So from the top down:
They don't have an "opt out". Opting out = not playing. Fair enough, though it still doesn't cover opting out of "anonymous user statistics".
The person I spoke to on the phone this time, Casey, was unable to tell me what measures they took to protect my information, as he "wasn't a network technician". Not cool, but also not my primary complaint.
I was then directed to the legal department which can only be contacted via snail mail "at the address listed on the website". (It's not listed, btw.)
So, I phoned the Office of Privacy Protection back again, as I have no other recourse, and spoke to a rather nice gentleman on the phone who said that, while he was not a lawyer and could not therefore recall the statutes that were being violated, but as a general guideline, all information/data/etc collected and transmitted had to be disclosed, and that if their privacy policy did not include "process information and information stored in virtual memory" (see the link to the WoW agreement at the end of the post), then the policy was inaccurate, and that they would take steps to ensure that it was updated.
So... end result? The California Office of Privacy Protection is drafting a letter (CC'd to me) to Square Enix, Inc. (based out of El Segundo, CA) informing them of the inaccuracy of their privacy policy in the hopes that it will be updated. They then have (quoting their website now) 30 days from reciept of the letter to comply (New note: ..comply with the California Online Privacy Protection Act of 2003).
This is not a Windower debate.
Galidor wrote:
From a Privacy Rights Issue, the more you let someone take away your rights because you have nothing to hide, the less rights you will have when you do care that they took something away.
QFT
Old post:
I phoned PlayOnline. I spoke to Charles, who would give no further identifying information (ie. ID#, etc) to distinguish himself from any other Charles who might be employed there, but did mention that he was the "only Charles in the information centre".
In short:
Yes. pol.exe is scanning your running processes and memory.
Yes. This data is being transmitted back to SEI.
The first time the guy stated that it was being transmitted back, he assured me that it was only to check for third party apps. I pointed out that this was not acceptable under the terms of their current agreement.
I was then placed on hold for about 20 minutes.
When I came back from being on hold, I was informed that the data collected was in line with their software agreement, and then quoted off to me a section of their privacy policy regarding to collection of personal data during account creation. I'd like to note here that I cannot find their privacy policy on the playonline website, I can only find the User Agreement, their GM policies, behaviour guidelines, and their website Privacy Policy, despite the User Agreement clearly stating that the POL/FFXI Privacy Policy can be found on www.playonline.com. (Charles also directed me to the website.)
UPDATE: Thank you Deadgye for providing the proper link to the policy! Quotes now added from https://secure.playonline.com/supportus/rule_polservice.html
Charles read to me: wrote:
1. Information Collected During the Registration Process
We require Users to register with us in order to access a number of the products and services offered on PlayOnline. During registration, we ask you to provide us with certain information that personally identifies you (referred to herein as “Personal Informationâ€). Personal Information may include your name, date of birth, telephone number, mailing address, E-mail address, and credit card account information, as well as any other information that may be used to identify you. Personal Information is collected so that we can provide you with the PlayOnline services you requested, contact you to verify your Personal Information or PlayOnline account activities, notify you if there is a problem with your account, and enhance the services that we provide to you. After registration, you will be given a PlayOnline ID and a PlayOnline E-mail address, and asked to choose your own passwords. We strongly suggest that Users not choose passwords that can be easily recognized or guessed by others, and that they take steps to protect the confidentiality of their password information.
We require Users to register with us in order to access a number of the products and services offered on PlayOnline. During registration, we ask you to provide us with certain information that personally identifies you (referred to herein as “Personal Informationâ€). Personal Information may include your name, date of birth, telephone number, mailing address, E-mail address, and credit card account information, as well as any other information that may be used to identify you. Personal Information is collected so that we can provide you with the PlayOnline services you requested, contact you to verify your Personal Information or PlayOnline account activities, notify you if there is a problem with your account, and enhance the services that we provide to you. After registration, you will be given a PlayOnline ID and a PlayOnline E-mail address, and asked to choose your own passwords. We strongly suggest that Users not choose passwords that can be easily recognized or guessed by others, and that they take steps to protect the confidentiality of their password information.
When I mentioned that the section he was reading off to me clearly stated that it was in regards to account creation, I was then told that the data was being collected as "traffic data" (
Traffic data definition wrote:
Collection of Traffic Data
SEI may also collect certain anonymous usage data, such as pages visited and services used within PlayOnline (collectively, “Traffic Dataâ€). This information is not Personal Information and generally is not aggregated with Personal Information. We generally use Traffic Data to improve our services to you and to customize and enhance your PlayOnline experience.
SEI may also collect certain anonymous usage data, such as pages visited and services used within PlayOnline (collectively, “Traffic Dataâ€). This information is not Personal Information and generally is not aggregated with Personal Information. We generally use Traffic Data to improve our services to you and to customize and enhance your PlayOnline experience.
)and that SEI would be using it to "help improve my PlayOnline experience".
Part of the quote adding update: I bolded. SEI didn't. I just wanted to highlight that bit since it displays that "Traffic data" does not encompass my process list or random whatever the hell they're collecting that would be in my RAM/virtual memory/whatever.
Interpret at will.
For comparison of agreements, please check under "Acknowledgements" in WoW's agreement, which can be found at http://www.worldofwarcraft.com/legal/termsofuse.html
Pick one, Charles. Are you scanning for third party apps or are you collecting traffic data to improve your internal systems? Do we need to rehash the Blizzard issue?
Edited, Mar 8th 2007 11:13pm by Arketa
Edited, Mar 8th 2007 11:29pm by Arketa
Edited, Mar 9th 2007 5:42am by Arketa
Edited, Mar 9th 2007 5:32pm by Pikko