Sunsail spam - BEWARE

  • Thread starter Thread starter Anonymous
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I don't believe that's correct. My understanding is that the contact details, by themselves, do not constitute the personal data so using one's library of prospective customers as part of a mailshot does not constitute an abuse of data under the DPA.
 
I take it there is no option on the website to update your email address. If so, you could change it to a bogus one. Or even better to that HR address mentioned earlier /forums/images/graemlins/smile.gif
 
I thought you were wrong about this so I went to the Information Commissioner's Office website and the regulations concerned with spam are:-

The Privacy and Electronic Communications (EC Directive) Regulations 2003 which came into force on 11 December 2003 and supercedes the Telecommunications (Data Protection and Privacy) Regulations 1999

As far as I can see it has nothing whatsoever to do with the DPA, so writing to a company arguing about one's 'rights' under the DPA is going to be at best ineffective and at worst make one look foolish and without the means to take effective action.

The ICO point out that it is very hard to police spam and do not suggest that people report offenders to their office. They say......

" check the company’s privacy policy before giving your email address or any other private information. Consider carefully how the company uses private information and the restriction they have regarding distribution and use of private information within their own company and with other external companies."

So I suppose the moral is 'Don't give Sunsail your email address'.

By the way, their webmaster still hasn't got back to me. I wonder if the hr people have got back to Brendan.
 
According to the Department for Constitutional Affairs website:
http://www.dca.gov.uk/ccpd/faqdp.htm

under the DP act:
"You have the right to require organisations to cease, or not to start sending you marketing information that you haven't asked for, or contacting you to sell you goods or services. There are two main ways to do this.

When you give personal information on a form, you should be given the opportunity to either “opt in” or “opt out” of receiving any marketing materials. This will usually mean ticking a box on the form. If you later change your mind, or forget to tick the box at the time you fill out the form, you can ask the organisation to change your preferences. You can write to the organisation at any time to require that they stop, or don't start sending you these materials."
 
The government websites on this are a real dog's breakfast. Actually, you mis-quoted, I think, and your quote "under the DP act:" does not seem to appear on any government website. When you dig a bit deeper into the dca website and follow the link to the Data Protection Act, you will see that the Electronic Communications Regulations are covered by the Privacy and Electronic Communications (EC Directive) Regulations 2003 and not the DP Act or, it seems, any UK legislation. Though you would be forgiven for thinking otherwise if you had started your research via the dca website.

This does not seem to be a DP Act issue, it seems to be regulations stemming from an EC Directive.
 
Whichever legislative instrumetn it is under, the principle of "fair collection" applies - i.e. IN EVERY CASE you have to be given the opt in/out choice. Many commercial sites are devious in that they give you 2 boxes, one relating to passing your details on to other "relevant partners" and one relating to their use. In many cases you don't do the same thing for each (i.e. youhave to read the blurb and make the apropriate choice)
 
[ QUOTE ]
Exactly why contacting them will get swift results

[/ QUOTE ]Brendan, have you had any results yet? I haven't.
 
No, nothing yet, but have been working on assumption that most of company is at Libs, so will be a huge backlog of messages once they are back at work next week, and are giving them a bit of leeway before I start hounding them!
 
i doubt whether he will either the whole point of my posting hoisting details was that the people thet hos t usually write or contract out the writing of web sites, i have heard of people putting the pressure on them. sending them some nice big graphics and thousands of emails, concentrates the mind somewhat.
 
Got a result.

Can you send me your email address by pm and I'll send it to the nice lady who responded

Good morning Brendan

Thank you for your e-mail. Please would you be so kind as to provide us with the e-mail address of your acquaintance and we will remove them immediately from our database manually if they are having a problem with our 'unsubscribe' function.

We unreservedly apologise if we have caused any inconvenience or annoyance to you or your acquaintance and will deal with this matter as soon as the details are received. We will then be able to track back and find out why the unsubscribe funtion is not performing in this instance.

Many thanks
Sam
Sam Baylis, Aftersales Manager - Sunsail Clubs & Flotillas
 
Thanks Brendan. Have already replied via PM and sent you my email address. What a relief. If you are writing back to her, maybe you could ask her to delete my details altogether - i.e. remove me, not 'unsubscribe' me. I am already unsubscribed (or was) and have unsubscribed myself before but they just put me back on the subscription list again when they to send another mailshot. They just can't be trusted.

Could you give me either here or via PM the lady's email contact details?

Thanks again for your help, David
 
I've sent you contact details by pm, so you can talk direct.

I escalated things somewhat yesterday, and it seems to have got a result - you don't spend 2 decades in sales without learning a few tricks! /forums/images/graemlins/smile.gif

Though reading email again, not sure if male or female - it just say's 'Sam'

Cheers
Brendan
 
Brendan, I've just tried phoning and it is a 'her' and she wasn't at her desk. I have emailed and will phone as well to make sure. Despite being in Spain I can Skype out to the UK for almost nothing - it really is important to have WiFi when spending time overseas on the boat! Thanks again, David /forums/images/graemlins/smile.gif

PS - do you feel happy to tell us how you escalated the complaint?
 
I hit every email address on their website copying previous (polite) email, all copied on one email, and said I'd report them to Information Commissioners Office if they did not provide me with who their data protection officer was. /forums/images/graemlins/grin.gif

Sam may not be able to sort everything directly, but once you have a direct contact to a person in a company who is taking responsibility, and you can hassle them, they can use internal knowledge to find the right person to get things done.

I often use the approach that I'd rather get a meeting with a toilet cleaner in a company, than keep trying unsuccessfully to get a meeting at board level. Once you've got a foot in the door, it's much easier to find out what's happening, and who is making decisions etc
 
It's a bit of a rum do if they refuse to provide you with the name of thier data protection officer - indeed, that's in direct contravention of the DPA if I remember correctly from the course I went on. That officer is one of the few individuals who is required by statute law to be get-atable.

Doesn't sound as though it is run by professionals which will probably not come as a great surprise to many.
 
It's incredible - after you emailing her my address and my having emailed her as well, she has not troubled to email me back to confirm that she has the matter in hand. I'll give her a ring tomorrow. Having got this far I would like to put it to bed. She calls herself the After Sales Service Manager /forums/images/graemlins/confused.gif
 
Sunsail

From: Sam Baylis
Sent: 19 January 2006 12:44
To:
Subject: RE: Removal from your email list



Hi David

Thanks very much for your e-mail and previous feedback.
I confirm that you have been removed from our system and will not receive anything further from us.
If I may be of any further assistance please do not hesitate to contact me.

Kind Regards
Samantha Baylis
 
Re: Sunsail

Sam,
Now you are here and registered, you may want to take a look in here and Scuttlebutt forum once in a while. We positively welcome trade members who can give advice and guidance (though overt advertising is frowned upon, and likely to be deleted by the moderators)

Lots of friendly people to give advice on what is/isn't acceptable
 
a bit of light hearted stuff

Customer: "I've been ringing 0700 2300 for two days and can't get
through to enquiries, can you help?".
Operator: "Where did you get that number from, sir?".
Customer: "It was on the door to the Travel Centre".
Operator: "Sir, they are our opening hours".
--------------------------------------------------------------------
Samsung Electronics
Caller: "Can you give me the telephone number for Jack?"
Operator: "I'm sorry, sir, I don't understand who you are talking
about".
Caller: "On page 1, section 5, of the user guide it clearly states that
I need to unplug the fax machine from the AC wall socket and telephone
Jack before cleaning. Now, can you give me the number for Jack?"
Operator: "I think you mean the telephone point on the wall
----------------------------------------------------------------
RAC Motoring Services
Caller: "Does your European Breakdown Policy cover me when I am
travelling in Australia?"
Operator: Doesn't the product give you a clue?
----------------------------------------------------------------
Caller: "If I register my car in France, do I have to change the
steering wheel to the other side of the car?
----------------------------------------------------------------
Directory Enquiries
Caller: "I'd like the number of the Argoed Fish Bar in Cardiff please".
Operator: "I'm sorry, there's no listing. Is the spelling correct?"
Caller: "Well, it used to be called the Bargoed Fish Bar but the 'B'
fell off".
----------------------------------------------------------------
Then there was the caller who asked for a knitwear company in Woven.
Operator: "Woven? Are you sure?"
Caller: "Yes. That's what it says on the label; Woven in Scotland
----------------------------------------------------------------
On another occasion, a man making heavy breathing sounds from a phone
box told a worried operator: "I haven't got a pen, so I'm steaming up the
window to write the number on"
----------------------------------------------------------------
Computer Capers
Tech Support: "I need you to right-click on the Open Desktop".
Customer: "OK".
Tech Support: "Did you get a pop-up menu?".
Customer: "No".
Tech Support: "OK. Right-Click again. Do you see a pop-up menu?"
Customer: "No".
Tech Support: "OK, sir. Can you tell me what you have done up until
this
point?".
Customer: "Sure. You told me to write 'click' and I wrote 'click'".
Tech Support: "OK. In the bottom left hand side of the screen, can you
see the 'OK' button displayed?"
Customer: "Wow. How can you see my screen from there?
----------------------------------------------------------------
Caller: "I deleted a file from my PC last week and I have just realised
that I need it. If I turn my system clock back two weeks will I have my
file back again?".
 
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