Taylor
Community Leader
- Moderator
- #1,976
Well, that's not really the case. Site admins know which ISP users are using, and a rough location of where their router is - but it's certainly not exact. And that's also assuming that they're naive enough to surf the web these days without either using VPN or TOR.
But anyway, that's exactly my point....
If hypothetically, I had a privacy issue with BigFooty, where for example, BigFooty breached the Privacy Act and/or the APPs and I lodged an official complaint about the handling of my personal information (assuming BigFooty have revenue of over $3m per annum?) - something such as my personal information being shared without my knowledge, or my personal information being used for purposes that I didn't want it used for - and BigFooty found themselves in some seriously deep shit because of it, they'd most likely reach out in order to settle our problem.
They'd ask me what I want to make me 'happy', and then they'd make sure that once I was happy, I didn't tell anyone what happened. Because, you know, online privacy is critically important and a very, very serious matter.
So if I was happy with what BigFooty offered me in terms of making me 'happy', I'd sign a non-disclosure agreement. This means that I can't tell the world what BigFooty did wrong and in turn, make them legally accountable for their breaches. BigFooty would instigate this.
I wouldn't care if BigFooty spoke about it and told the truth publicly. Wouldn't bother me one bit. Why would I want, nor care whether BigFooty kept quiet about it?
NDAs don't have to be both ways. They don't have to ensure that both parties keep quiet.
The NDA between the complainant and Freo, did not have to extend to the complainant keeping quiet also. There is no reason for her to keep quiet. The only way her identity would come out, is if Freo talked. So the NDA only needed to extend to Freo - not her.
There is no way in hell that she would have requested that she, herself, also keep quiet. It's just illogical. And even if she wanted to keep quiet (which she actually probably does) - she doesn't have to sign anything to make that happen FFS! She just doesn't talk. Simple!
So why would she sign something, and end up with cash for it? Even if she requested cash to sign it - why would Freo agree to it? If they investigated it, as they say they did, and found nothing worthy of a sanction of any kind - why did they want her to sign something to keep quiet about it?
And if she asked for money to sign something, why did they agree to it? They should just stick to their own confidentiality agreement, and move on. Who cares if she talks publicly?
They absolutely should have agreed to an NDA on themselves - but there's no reason for them to hand over money in order to get her to sign one. Regardless of who requested it.
As I've said many times - I'm not saying they or Lyon did anything wrong, but they can't seriously sit there and act shocked when people ask why they handed over money for something that they claim was 'nothing to see here'!
They deserve everything they get for their stupidity.
It seems you might want to study up on pretrial mediation that allows cost saving from avoiding court.
Say for example someone didn't read a terms of use on sign up that excluded the ability to claim damages, but they insisted on taking it to court to get what they saw as justice - it might cost $100,000 in lawyers to save paying $20,000 in settlement before court. So paying $20,000 up front to finish it saves money.