privacy over the internet - is there any such thing in the law ?

kellogs

kellogs

New Member
Jurisdiction
California
Hello,

I am an EU citizen having a contention with a California, USA registered company. This company is running a web platform on which I have had an account for 8 years. All fine with it, excellent track of record, and no complaints of any sort to the best of my knowledge.

The issue is this company demanded a video interview with me for some reason that is unclear (I am suspecting ID verification - my ID was verified 8 years ago by means of driver's licence if my memory serves me right). There are no such video interviews explicitly written in their Terms of Service and they have also limited my business on their web platform, thus persuading me to obey their will. Few months went by and they have placed an even greater constraint on my account leaving me unable to withdraw any funds from their web platform.
All in all, they are treating a good long standing user with no track of rules violations like some perpetrator.

So, my first question would be if there are any such US / international laws in place that protect my privacy, therefore turning them into an abuser, legally speaking.

Thank you!
 
What exactly is your privacy concern?
You don't want them to see you in a video interview?
If that is it you don't have much to work with.
Take your business elsewhere if you need to. Review their terms and conditions and find what you need to do to gain access to any funds they are holding.
In the end, it's their website and their rules. If you don't like their rules you can get your own website and make your own rules.
 
kellogs said:
a California, USA registered company . . . is running a web platform on which I have had an account for 8 years.
Click to expand...

Safe to assume that your account is subject to a lengthy, written agreement, the terms of which you agreed to when you signed up for the account?

kellogs said:
my first question would be if there are any such US / international laws in place that protect my privacy,
Click to expand...

There are no "international laws." Both the U.S. and the State of California have a number of laws relating to privacy issues. However, the issue you've described has nothing to do with any privacy issue. Whether the company's actions you described violate your contract with the company is obviously impossible to determine without reviewing the contract. If you don't like what's happening, you're free to stop doing business with the company.
 
kellogs said:
Hello,

I am an EU citizen having a contention with a California, USA registered company. This company is running a web platform on which I have had an account for 8 years. All fine with it, excellent track of record, and no complaints of any sort to the best of my knowledge.

The issue is this company demanded a video interview with me for some reason that is unclear (I am suspecting ID verification - my ID was verified 8 years ago by means of driver's licence if my memory serves me right). There are no such video interviews explicitly written in their Terms of Service and they have also limited my business on their web platform, thus persuading me to obey their will. Few months went by and they have placed an even greater constraint on my account leaving me unable to withdraw any funds from their web platform.
All in all, they are treating a good long standing user with no track of rules violations like some perpetrator.

So, my first question would be if there are any such US / international laws in place that protect my privacy, therefore turning them into an abuser, legally speaking.

Thank you!
Click to expand...


Why not exercise your freedom to choose with whom you spend your money?

Don't allow yourself to be abused, bullied, and terrified.

Find another company that treats you well and appreciates your custom.
 
Hey, thanks for the replies. They did point out the exact paragraph from the legal agreement that they are using in order to get me in front of a web cam. It is a very short paragraph. Would it be fine if I shared it here ?
 
Oh well, here it is:

>>>>>>>>>
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your ability to represent your business on Company if it is a separate legal entity. You authorize Company, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you and your business.
>>>>>>>>>

Since no int'l / US / CA laws that I could use, I have asked them to release my funds and then immediately terminate my account without any sort of video chat. Tthey will probably say they would not do it - in which case, am I right to ask them such thing form a legal standpoint ?
 
kellogs said:
Oh well, here it is:

>>>>>>>>>
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your ability to represent your business on Company if it is a separate legal entity. You authorize Company, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you and your business.
>>>>>>>>>

Since no int'l / US / CA laws that I could use, I have asked them to release my funds and then immediately terminate my account without any sort of video chat. Tthey will probably say they would not do it - in which case, am I right to ask them such thing form a legal standpoint ?
Click to expand...


You can ask anyone anything you wish.

Of course, the other party can choose to ignore you.
 
I still am having trouble understanding what the big deal is. So they want a video chat - so what? How is that any different from a phone conversation?
 
kellogs said:
Since no int'l / US / CA laws that I could use, I have asked them to release my funds and then immediately terminate my account without any sort of video chat. Tthey will probably say they would not do it - in which case, am I right to ask them such thing form a legal standpoint ?
Click to expand...

Howzabout you wait and see what response you get rather than asking us to speculate about something that hasn't happened and might never happen?
 
If they refuse your request your only option would be a civil court action in California which most likely is not a practical option when you live in EU.
I'd try to keep a polite tone in making requests and not be threatening or demanding.
Review your user agreement for a dispute resolution process or any language about how to obtain your funds after being frozen.
 
They said no, and I have made a mistake, they are registered in Delaware with offices in California, so an offshore company they are. I have one last course of action that I would like to know if it could stand in a Delaware court.

3 months back I have inquired as to why I was having my ID verified again and my account limited just like that, with no further warning. They have made a mistake and told me that this is not part of the ID verification process but a "different process". In this new light there was no legal grounds whatsoever for the video chat, so I simply did not proceed to fulfil their request to it.
Fast forward to nowadays where they have switched their minds to the request being actually an ID verification process and implicitly compliant to their legal terms. However during this time they have also blocked my funds.

Basically, due to their erroneous answer from 3 months ago they have now blocked my funds, which I have asked them to release (for this new reason of incorrect answer on their part). Should they deny my request again, would any judge agree with me on this one ?

Thank you
 
Most website terms of service include a "Termination for Convenience" clause that permit the website operators to block any user for any reason. You can argue that their policy does not allow them the ability to do something, but as far as their ToS and End User Agreement are concerned, they're probably covered. Policy is a voluntary and self-imposed restriction that rarely affects the judgement of the court.

There are some exceptions to this for websites that are regulated, like banks, but unless they have hideously surrendered many of their rights to you in their contracts with you, you have no case against them what so ever.
 
You still have not brought up an issue that justifies going to court. It seems you need to just let this go.
If you aren't willing to abide by the terms of service you agreed to then you really should not expect them to cooperate with you.
 

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