======================================================================================= AdBrite support ticket exchange regarding AdBrite's privacy policy vs. a clause in their binding legal agreement stating contrariwise. ======================================================================================= Date: April 28, 2008 From: xxxxxxxxxx@gmail.com To: AdBrite's Support Contact Form I'm the admin for ablestmage.com, and I was going to sign up but you apparently have no privacy policy. How can I transmit my SSN or EID and be insured that information will not fall into hands intent on misuing them? ============ Date: April 30, 2008 From: support@adbrite.com To: xxxxxxxxxx@gmail.com Thank you for contacting AdBrite. A link to our Privacy Policy is provided within our Terms and Conditions. For a copy of our Privacy Policy, please visit our Rules & Policies section in our FAQ, or use the following link: http://help.adbrite.com/index.php?action=artikel&cat=2&id=19&artlang=en Let us know if you have any further questions. Best Regards, [name omitted by me] Customer Support Team AdBrite, "The Internet's Ad Marketplace" www.adbrite.com Ticket Status: Closed ============ Date: May 07, 2008 From: xxxxxxxxxx@gmail.com To: AdBrite's Support Contact Form You closed out a support ticket without letting me clarify the problem, and just dismissed me as taken care of (#SHM-xxxxxx).. There is a clause in the terms that I am to agree to that basically states you are not responsible for any information I give you. You have a privacy policy, but I do not have to sign under that -- the part I am to sign under states that you make no guaranty to the safety of my information. Which would you hold me to under law? The clause in the signed agreement states: "ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SITE, SERVICES OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with Subscriber's use of the Services." So do you, or do you not keep all information secure? I would have to give you my SSN to sign up, and I don't treat these matters lightly. ============= Date: May 07, 2008 From: support@adbrite.com To: xxxxxxxxxx@gmail.com Hi xxxx, Your issue was escalated to me. Please be advised that your original ticket, SHM-xxxxxx, was not closed but temporarily put on hold awaiting my response. With regards to your concerns about privacy, we fully understand. To clarify, our Term of Services is a legal contract designed to protect AdBrite. However, as the fourth largest ad network, we adhere to our Privacy Policy which is essential for the protection of our marketplace and all of our customers. While we will not divulge our security measures, I can reassure you that 8 of 20 Largest ComScore Media Properties would not work with us unless they have confidence in our ability to safeguard our customer's sensitive information. Best Regards, [name omitted by me] Director of Client Services AdBrite, "The Internet's Ad Marketplace" www.adbrite.com Ticket Status: Closed =============== Date: May 07, 2008 From: xxxxxxxxxx@gmail.com To: support@adbrite.com xxxx, A few further questions: (1) So all you offer is a statement on a seperate page about how AdBrite claims keep my data secure, but on the part I have to sign declares AdBrite's complete lack of liability if my information should, heaven forbid, it just so happen to be misplaced (for whatever reason)? This offers me no legitimate legal recourse whatsoever, in the issue of information that could ultimately lead to my financial ruin, but offers AdBrite complete immunity. (2) Could there not be made an addendum to the terms, such as a check box stating I *also* must agree with the privacy policy, and/or an excision of that particular clause? It would seem to me that the other 12 of the 20 media properties might rightfully consider AdBrite if it would actually take legal responsibility for their data security, instead of casting it idly aside by a "you agree that can't blame us for anything, ever" requirement. (3) If AdBrite were to send out a letter to all current subscribers highlighting and illustrating this clause as a basis for your diligence in maintaining top-notch service, would you still be confident in maintaining AdBrite's impressive track record? (4) Can I get a legally binding assurance, under penalty at minimum of basic claims court, that if a discovery were to indicate my financial records were redistributed or mishandled under AdBrite's care, AdBrite would take even partial responsibility for the error (regardless of how commonplace the practice is)? (5) Would anything to the contrary of Question Four THUS state that AdBrite is actually not genuinely interested in protecting its clientele's information? -- [me] PS -- Are your data servers hosted by AdBrite, or is there a contract that AdBrite has signed with a hosting facility with a guarantee for data security of AdBrite's information storage? That could offer you some grounds. ================ Date: May 07, 2008 From: support@adbrite.com To: xxxxxxxxxx@gmail.com While we appreciate your diligence in protecting your information, we have provided all the information we are allowed to offer without compromising our security measures. Our advice is that if you have strong doubts about our ability to protect your information, then we regretfully recommend using an alternative solution. At this point, we are unable to address any additional inquiries. Best Regards, [name omitted by me] Director of Client Services AdBrite, "The Internet's Ad Marketplace" www.adbrite.com ================ End of transcript.