Re: [Ekiga-list] Privacy policy of Ekiga

[Damien Sandras <dsandras seconix com>]

Hello,

Le mardi 18 mars 2008 à 11:40 +0100, schoappied a écrit :
> Mike Fedyk wrote:
> > > BBB template <http://www.bbbonline.org/privacy/sample_privacy.asp> or 
> > another template <http://www.perfectlyprivate.com/easy_template.shtml>
> >  
> > These two look good.  The OECD one is geared toward a large organization.
> >  
> > Mike
> > ------------------------------------------------------------------------
> >
> > _______________________________________________
> > ekiga-list mailing list
> > ekiga-list gnome org
> > http://mail.gnome.org/mailman/listinfo/ekiga-list
> Hi all,
> 
> I think the one of BBB is good, but also the other templates can help. 
> As a 'user' I like the introduction, especially the second part:
> 
> /Introduction:
> A good privacy notice is easy to find, easy to read, and comprehensively 
> explains all your online information practices. _It also provides online 
> visitors an opportunity to make informed decisions about the collection 
> and use of their information._ As part of good business practices, 
> posting a notice is an important first step in defining your online 
> policies and towards answering one of the major concerns (and barriers) 
> voiced by web-users when going online.
> 
> _A privacy notice is also a promise. As a promise, it is not enough to 
> simply post such a notice. _To effectively promote trust and confidence 
> in you and your website, the provisions of a privacy notice must also be 
> fully implemented as part of a larger privacy policy. Careful 
> consideration should therefore go into the creation of a notice so it 
> accurately reflects your own unique information practices and you can 
> guarantee a faithful adherence to its provisions.
> 
> 
> /I'd like to help making it, but I think the developers and maintainers 
> of Ekiga should say what there policy is, cause I do not know. Maybe 
> they can make a policy in French and I am sure that we can find someone 
> for a good English translation.

I do not have the time to write a policy right now. As I said, it is a
time-consuming and boring thing to do. Moreover, we are jurists, so it
makes things even more complex.

However, I added a sentence in the "terms and conditions" text provided
by our signup interface. That sentence specifies that data will not be
made available to third parties.

The "terms and conditions" text is the one that can be found with the
Open Source SERWEB software. It is the WEB interface of our SIP Proxy.
The SIP Proxy is the only software that stores information about users
on a remote server, ie not on your own computer. 

The text is the following :
BY PRESSING THE 'I ACCEPT' BUTTON, YOU (HEREINAFTER THE 'USER') ARE 
STATING THAT YOU AGREE TO ACCEPT AND BE BOUND BY ALL OF THE TERMS AND 
CONDITIONS OF THIS AGREEMENT.  DO NOT PROCEED IF YOU ARE UNABLE TO AGREE
TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. THESE TERMS AND
CONDITIONS OF SERVICE FOR USE OF ekiga.net SIP SERVER (THE 'AGREEMENT')
CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN ekiga.net
AND THE ENTITY THAT AGREES TO AND ACCEPTS THESE TERMS AND CONDITIONS. 

ACCESS TO ekiga.net's SESSION INITIATION PROTOCOL SERVER 
('SIP SERVER') IS BEING PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS,
AND ekiga.net MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY 
KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO USER'S ACCESS OF THE 
SIP SERVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, 
NONINFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, 
ekiga.net MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SIP 
SERVER, OR USER'S ACCESS THERETO, WILL BE AVAILABLE AT ANY GIVEN TIME, 
OR WILL BE FREE FROM ERRORS, DEFECTS, OMISSIONS, INACCURACIES, OR
FAILURES OR DELAYS IN DELIVERY OF DATA. USER ASSUMES, AND ekiga.net
DISCLAIM, TOTAL RISK, RESPONSIBILITY, AND LIABILITY FOR USER'S ACCESS TO
AND USE OF THE SIP SERVER.

Access to ekiga.net SIP Server is being provided on a 
non-exclusive basis. User acknowledges and understands that 
ekiga.net SIP site is in a developmental stage and that 
ekiga.net makes no guarantees regarding the availability or 
functionality thereof. User may not sublicense its access rights to the 
SIP Server to any third party. 

USER AGREES TO INDEMNIFY, DEFEND AND HOLD ekiga.org, ITS AFFILIATES, 
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS HARMLESS FROM AND 
AGAINST ANY AND ALL CLAIMS, ACTIONS, EXPENSES, LOSSES, AND LIABILITIES 
(INCLUDING COURTS COSTS AND REASONABLE ATTORNEYS' FEES), 
ARISING FROM OR RELATING TO THIS AGREEMENT INCLUDING USER'S ACCESS TO 
AND USE OF THE SIP SERVER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL ekiga.net OR ANY OF ITS LICENSORS, BE LIABLE 
FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, ARISING OUT OF THE ACCESS TO OR USE OF OR INABILITY TO ACCESS
OR USE THE SIP SERVER, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN
TRANSMISSION OR OPERATION OR ANY FAILURE OF PERFORMANCE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. 

If User commits, in ekiga.net's  sole determination, a default 
of these terms and conditions, ekiga.net may immediately 
terminate User's access to the SIP Server. Furthermore, ekiga.net
reserves the right to discontinue offering access to the SIP Server at
any time. 

User may not assign its rights hereunder without the prior written 
consent of ekiga.net. User agrees to comply with all laws, 
regulations and other legal requirements that apply to these terms and 
conditions.  

If any provision of this Agreement is held to be unenforceable for any 
reason, such provision shall be reformed only to the extent necessary to
comply with applicable laws, and the remainder shall remain in full
force and effect. 

Any failure of ekiga.net to enforce any provision of this 
Agreement shall not constitute a waiver of any rights under such
provision or any other provision of this Agreement. 

USER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND 
AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE ENTIRE 
AGREEMENT BETWEEN COMPANY AND ekiga.net WITH RESPECT TO THE 
SUBJECT MATTER HEREIN, AND SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS 
PROPOSALS, DISCUSSIONS, AGREEMENTS, UNDERSTANDINGS, AND COMMUNICATIONS, 
WHETHER WRITTEN OR ORAL AND MAY BE AMENDED ONLY IN A WRITING EXECUTED BY
BOTH USER AND ekiga.net. 

-- 
 _     Damien Sandras
(o-      
//\    Ekiga Softphone : http://www.ekiga.org/
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