1. Issues With Terms of Use Document
Terms_of_Use_28Apr2007-reformated.doc includes: "PRIVACY POLICY Effective April 28, 2008"
Terms_of_Use_28Apr2007-reformated.pdf includes: "PRIVACY POLICY Effective April 28, 2008"
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Text from Document |
Issues and Proposed Resolutions |
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Terms of Use
Date of Last Revision: April 28th, 2007
This Terms of Use supersedes any verbal representation made by any Independent Marketing Representative of ZenZuu ("REP"), any ZenZuu employees, partners, licensees and affiliates, whether such representation is made in person, in voice recording, or in video recording. |
This seems to be saying that we cannot believe statements placed on the website by ZenZuu corporate or Tommy Vu, or statements made in promotional videos produced and sanctioned by ZenZuu, or even what Tommy Vu himself says on videos or conference calls.
If the members cannot believe anything they are told then this casts suspicion on statements made like, "redistribution of wealth", that our information will be safe under the "corporate umbrella" of companies.
Solution: Add to this statement that statements made by ZenZuu Corporate and Tommy Vu are not superseded by the Terms of Use documents. |
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ZENZUU'S CONDITIONS FOR ITS SERVICES ACCEPTED BY YOU
This Terms of Use Agreement ("Terms of Use" or "Agreement") contains: 1- ZenZuu.com's policy for acceptable use of the ZenZuu Services, 2- Governance of Content posted on the ZenZuu Website, 3- Your rights, obligations and restrictions regarding your use of the ZenZuu Services and 4-ZenZuu.com's Privacy Policy.
Furthermore, even though the ZenZuu basic social network Membership is always FREE of charge, in the future, due to technological advancement, or service enhancement availability, you may be notified of additional Services or Offerings by ZenZuu, its licensees, affiliates, vendors, or partners which, may have a payment associated with them. In order for you to use, purchase, or participate these certain Services or Offerings by ZenZuu, its licensees, affiliates, vendors, or partners, in addition to making a payment, you may be required to download software or content and you may have to agree to additional terms and conditions of its licensees, affiliates, vendors, or partners in order to participate in the certain Services mentioned herein. These additional terms are hereby incorporated into this Agreement unless otherwise provided by ZenZuu's licensees, affiliates, vendors, or partners.
You (the "User") expressly agree that you have read, understand and agree to be bound by these Terms of Use.
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This seems to say that there will be software we will have to pay for, or that we will have to agree to give up personal information or rights in order to get our earnings out of our account.It also says that the additional terms imposed by other parties are incorporated into this agreement.
This seems to say that by us agreeing to the current agreement we are also agreeing to terms and conditions that we know nothing about.
Solution: There needs to be a reasonable way to get our money out of the system without being forced to give away additional rights or personal information in order to qualify to get our money out.
Solution: Agreeing to these terms and conditions does not assume the member is agreeing to other terms and conditions by ZenZuu'ss licensees, affiliates, vendors, and partners. |
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YOUR ACCEPTANCE OF MODIFICATION OF TERMS OF USE.
ZenZuu reserve the right at our sole discretion to modify this Agreement (change, modify, add, or delete portions of these Terms of Use) at any time to reflect legal requirements, adapt to changes in its industry, or for other reasons without further notice. ZenZuu latest practices, the features of the ZenZuu Services, or technology, and other modifications reflected on the latest Terms of Use shall be effective upon posting by ZenZuu on the ZenZuu Website. At the top of the Terms of Use page will indicate the date that indicates when these terms were last revised. You agree to be bound to any changes to this Agreement when you use the ZenZuu Services after any such modification is posted. In the event that you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use.
Your continued use of the ZenZuu Services after ZenZuu posts a revised Terms of Use Agreement indicates your acceptance of the revised Agreement. It is important that you review this Agreement every time you use the ZenZuu Services for yourself or on behalf of your minor (if your membership is a Guardian Membership that requires you to act as legal guardian for a minor), to become aware of any changes. In the event ZenZuu changes its practices vastly as described on its latest Agreement, you have two choices: 1)- either you, act on your behalf, or as legal guardian, terminate all ZenZuu Services, which in this case, your matter will continue to be governed by the Agreement under which you agreed to, or 2) by continuing to use the Service, you, acting on your behalf, or acting as legal guardian, have not objected to the changes and signifies your acceptance of the revised Agreement.
Furthermore, you agree that it is your responsibility to check the ZenZuu Site every time you use it, and every time you act on the information or Contents posted on the Site to determine if there have been changes to these Terms of Use and to review such changes every time you use the site to ensure you are updated as to any changes.
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This says that we will need to read and review this very long document every time we log on. It is unrealistic to expect people to read 20 to 70 pages of documents ever time they log in to the site. This gives ZenZuu a way to force people to agree to new terms without being notified because ZZ could claim that they agreed to doing all this reading when they joined. ZenZuu should not put such a time consuming burden on its members.
Solution: ZenZuu will notify the members when any of the terms, conditions, or privacy policies have had substantial changes. The notification will include the old section being changed along side the revision of that section.
Note: This can be done with a mass email to all users at their off-site and on-site email addresses and an alert to the member the first time they log in to the site after the changes have been made. |
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PII AND NON PII COLLECTION METHODS AUTHORIZED BY YOU
... Furthermore, you give ZenZuu permission to collect your other non-PII, including but not limited to IP address, aggregate user data, purchasing habit, Web surfing habit, viewing habit, personality, personal desire, family information, business information, browser type that you use, and any information about you that we may collect through technical means. This data is used to manage and improve the ZenZuu Services, track usage, for security purposes, and other business related purposes.
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Though this non-personally identifying information sounds like it will not harm anyone's privacy, the idea of "aggregate user data", "personality", "family information", and "any information about you that we may collect through technical means" gives the impression that ZZ can use sophisticated technical methods to collect information from the users' computer; not just what they willingly put on ZZ or that can be gleaned from tracing the movements of an IP address around the site.
Solution: The information on a members' computer is safe. Information that is not expressly offered will not be involuntarily taken. |
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You authorize ZenZuu, its affiliates, partners, and sub-agents, contractors to use your email address and your PII and other personal information to help us efficiently operate the service mentioned herein.
You consent to our providing your personal information to those third parties. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information submitted to us by you.
Any third party with whom we are allowed to share your personal information with, is authorized to use your personal information in accordance with our contractual arrangements with such third parties, and in accordance with their own privacy policies, which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions.
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First we need clarification on what is meant by the term "service mentioned herein". Does this mean standard operations such as basic accounting and IRS requirements, or does it mean the selling of our PII to outside parties, or something else? It needs to be made clear what "the service" refers too.
If third parties can use our information based on their own policies then we need to know who they are and how to contact them.
Solution: A comprehensive list of all 3rd parties (and their affiliates) contact information, will be provided and easily accessible at all times. Members will be immediately notified when a new 3rd party is added, and a current 3rd party changes their policies.
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INFORMATION OBTAINED FROM REFERRING EMAIL OR REFERRING URLS
If you send a friend an email from this Site (invite friend section), or if you send the url or one of our web pages to a friend, data is collected about your IP address or yours and your friend email address. You accept that Referred emails or web pages may appear to come from your email. You must accept full responsibility for referring pages or email to a friend and agree to indemnify ZenZuu for any damage, intentional or unintentional that results from said referrals.
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This seems to say that ZZ can sent emails to the friends email address, make it look like it's coming from the member themselves, and include anything ZenZuu want in the email. Then it says that the member will have no recourse if the information in the email turns out to be harmful. It is one thing to collect email addresses and send unsolicited, one-time emails in an effort to encourage someone to "opt-in". It is another to impersonate a friend in order to trick a person into agreeing to something that may be harmful.
Solution: ZenZuu will not impersonate its members when sending unsolicited emails. |
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HOW INFORMATION MAY BE USED
Due to the fact that ZenZuu is a global commercial Site, you must assume that information collected is shared with other persons or entities for commercial purposes. While this practice is uncommon, you must assume that it is a common practice as you make your decision whether or not to browse, or interact with the ZenZuu Site. Shared information mentioned herein may include your name, address, phone number, email address and other information collected but not provided by you such as your viewing or buying habits etc. This information may be used for general commercial solicitation by the Site or other entities or person(s) it is sold to, rented to, or shared with.
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This seems to say that ZenZuu or other entities (whomever they may be) can sell, rent or share our personally identifiable information in order to make money.We should not have to give up our rights to privacy by having our personal information given, sold, rented or shared with commercial entities we are unaware of, whether.
Solution: The members will have the ability to specify what information members will allow to be shared, sold, or rented, and which members want to remain private. |
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INFORMATION OBTAINED FROM ELECTRONIC MEANS AND COOKIES
You agree that it is possible for your personal data to be obtained by others, such as "hackers", and used in an inappropriate manner that may cause you harm and that you agree that the Site is not responsible for damages to you.
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This says that ZenZuu cannot be held responsible for person damages caused by our personal information being used hackers or others.
Solution: This needs to be prefaced with the facts about your security measures that you take to guard against this ever happening. |
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The privacy policy included in the terms and conditions is dated:
PRIVACY POLICY Effective April 28, 2008:
However the privacy policy that is posted independently is dated:
PRIVACY POLICYEffective March 18, 2008: |
We should be agreeing to only one version of the privacy policy not two.
Solution: Only post the most current version in the terms and conditions as well as a separate document. |
2. Issues With Privacy Policy
Privacy_Policy_18Mar2008-reformated.doc
Privacy_Policy_18Mar2008-reformated.pdf
3. Issues With MyATM Terms
MyATM_Terms_v1_Oct2008-reformated.doc
MyATM_Terms_v1_Oct2008-reformated.pdf
3. Issues With ZZPartners Terms
ZZParterns_Terms_And_Conditions_v1_Oct2008-reformated.doc
ZZParterns_Terms_And_Conditions_v1_Oct2008-reformated.pdf
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