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+ | {{:: | ||
+ | ====== Donors Complain Company Spammed Using Axanar List ====== | ||
+ | {{TOC}} | ||
+ | < | ||
+ | //**__ __**// <wrap lo>**By [[user> | ||
+ | </ | ||
+ | In a move that may have run afoul of federal and international laws, and the terms of use of other online services, [[Axanar Productions]] appeared to have lent or sold its donor mailing list to another company to advertise an upcoming auction of props and costumes. | ||
+ | |||
+ | Following an email announcement Friday, September 9, 2016, that it was launching a new [[new_ares_digital|software platform]] to manage donors' | ||
+ | |||
+ | The following day, Axanar' | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | ===== What is Propworx? ===== | ||
+ | |||
+ | [[http:// | ||
+ | |||
+ | The advertisement for an upcoming auction was emailed with the subject line, " | ||
+ | |||
+ | ==== Axanar' | ||
+ | |||
+ | According to Peters, a portion of the proceeds from all Propworx Star Trek-related auctions — "as always" | ||
+ | |||
+ | <WRAP right round box 50%> | ||
+ | //**__« There are right ways and wrong ways to go about using email solicitations … this wasn't the right way to do it. »__**// — //Axanar spokesman Mike Bawden// | ||
+ | </ | ||
+ | |||
+ | === Auction as Fundraiser === | ||
+ | |||
+ | <wrap em> | ||
+ | |||
+ | > For the record, no one gave anyone’s [email] info to a third party. That is a lie. The email about the Propworx Star Trek auction was sent out from the Axanar Productions Constant Contact account as Propworx is my company and the auction was a fundraiser for Axanar. I donated over $35,000 from that auction to Axanar.(([[https:// | ||
+ | |||
+ | Further, he claimed the auction [[no_refunds# | ||
+ | |||
+ | |||
+ | ===== Applicable Laws and Regulations ===== | ||
+ | |||
+ | Based on user complaints received by **AxaMonitor**, | ||
+ | |||
+ | * The U.S. federal [[wp> | ||
+ | * Canada' | ||
+ | * Australia' | ||
+ | * Kickstarter' | ||
+ | * The [[https:// | ||
+ | |||
+ | ==== Axanar Spokesman: ' | ||
+ | |||
+ | Axanar spokesman Mike Bawden acknowledged Axanar' | ||
+ | |||
+ | > I've raised my concerns with Alec about this. There are right ways and wrong ways to go about using email solicitations to stay compliant with the CAN-SPAM regulations and in my opinion, this wasn't the right way to do it.((Mike Bawden email to AxaMonitor editor Carlos Pedraza, 9/10/16.)) | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | === 'No Adverse Effect' | ||
+ | |||
+ | Bawden noted that the number of spam complaints received so far from the Propworx mailing fell "well under the threshold for email campaigns I've worked on (I manage dozens … a month)." | ||
+ | |||
+ | > I've briefed everyone involved in this incident as to what was done wrong, the possible ramifications of violating the CAN-SPAM rules and established that any further use of the Axanar Donors list for email communication needs to be discussed with everyone on the team. I've been given assurances that what happened was a mistake and won't happen again. I consider this matter closed at this point.((Mike Bawden email to AxaMonitor editor Carlos Pedraza, 9/12/16.)) | ||
+ | |||
+ | === Disillusioned People === | ||
+ | |||
+ | Bawden speculated the complaints received by **AxaMonitor** came from " | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | === Earlier Incidents === | ||
+ | |||
+ | Former Axanar chief technologist [[Terry McIntosh]] said the Propworx email was only the most recent example of unsolicited marketing aimed at Axanar donors despite complaints from the recipients: | ||
+ | |||
+ | > Just so folks are clear on this, this is not the first time Propworx has spammed the Axanar donor lists which are loaded in the same Constant Contact account. It's been done for every Star Trek auction they' | ||
+ | |||
+ | In a related note, McIntosh said he's considering [[new_ares_digital|legal action]] against Axanar for their use of the name Ares Digital, which he claimed for the now-discarded fulfillment software he developed. | ||
+ | ==== U.S. Law ==== | ||
+ | |||
+ | The federal CAN-SPAM Act prohibits sending unsolicited advertising email without it meeting certain very specific requirements, | ||
+ | |||
+ | If such emails do not clearly note in the subject line that they are advertisements — literally using words like " | ||
+ | |||
+ | [{{ :: | ||
+ | |||
+ | The email must also provide a physical address for users to opt out of future emails and some other method to unsubscribe. While the Propworx email does meet both these criteria, it turns out that the link to unsubscribe goes to Axanar Productions rather than Propworx. | ||
+ | |||
+ | === Other Countries' | ||
+ | |||
+ | Canada' | ||
+ | |||
+ | > Here in Australia, if a company spams without consent, and shops out personal data without consent, fines can easily move into the seven-figure range. | ||
+ | |||
+ | Some states in the United States give people still more rights. Under California law, for example, websites specifically have to give California residents the right to opt out of sharing of their information with third parties for marketing purposes, which the Propworx email appears to be. Other states' | ||
+ | |||
+ | === Kickstarter === | ||
+ | |||
+ | The two [[crowdfunding_platforms|Kickstarter campaigns]] were how Axanar first gathered personal information, | ||
+ | |||
+ | Kickstarter' | ||
+ | |||
+ | > Don’t abuse other users’ personal information. When you use Kickstarter — and especially if you create a successful project — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a Kickstarter project: don’t use it for other purposes, and don’t abuse it.(([[https:// | ||
+ | |||
+ | === Constant Contact === | ||
+ | |||
+ | Axanar — and now, Propworx, apparently — use the online service [[https:// | ||
+ | ==== Axanar Lacks Privacy Policy ==== | ||
+ | |||
+ | Axanar does not appear to have a privacy policy on its website. Normally, websites' | ||
+ | |||
+ | [{{ :: | ||
+ | |||
+ | Without a policy of its own, Axanar is subject only to the policies of the services it uses to gather email addresses and send messages to them, and to the laws governing unsolicited advertising in each country to which they send email. The user complaints **AxaMonitor** received about the unsolicited Propworx email were from the United States, Canada, Australia and the United Kingdom. | ||
+ | |||
+ | While privacy policies are not required by U.S. law, the [[https:// | ||
+ | |||
+ | === Who is Liable? === | ||
+ | |||
+ | Donors could lodge complaints against Axanar for sharing its email list with another company; they may also submit separate complaints against Propworx, in the United States with the Federal Trade Commission. | ||
+ | |||
+ | ==== How to Complain ==== | ||
+ | |||
+ | * Constant Contact: Email [[abuse@constantcontact.com]] | ||
+ | * Kickstarter: | ||
+ | * U.S. Federal Trade Commission: [[https:// | ||
+ | |||
+ | {{: | ||
+ | |||
+ | ---- | ||
+ | **Keywords** {{tag> |