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Refferals and DPA

pcsolution
Newbie
Posts: 8
Registered: ‎13-06-2007

Re: Who did I refer? Who is this "new_signup" fella?

Quote from: Mark
Hi there.

1. Let me assure you that out of the many thousands of referrers we have, there is absolutely no suspicion of fraud. That comment is harsh and unfair.
2. Are you guessing that the DPA is not applicable here or do you know that for a fact?
3. What information would you need to know about some random person who you have never met but who clicks a referral link on a website and subsequently signs up? What purpose would it serve knowing their username?
4. Please understand that part of my role is to ensure that the referral programme which we offer to you guys is as straight forward as it can possibly be. I am well aware that it is cumbersome and problematic and this I will fix. But I will not bend the rules or break the law, however I will ensure that we deliver what works for you guys and makes referring as easy and straightforward as possible.


Not being funny, but:
1.  My comment is not harsh.  I didn't say there is suspicion of fraud, but that the current conditions make it impossible for a referrer to ensure there isn't any fraud.  I maintain that PlusNet are not providing sufficient imformation to permit accurate tracking of referral benefits, so they have the opportunity to commit a fraud.  This is not the same as accusing them of already having committed a fraud.  If this truth is unpalatable to PlusNet's representatives, I'm sorry - but it is a truth.
2.  You cannot answer a question by turning it back against the questioner.  I just asked YOU if PlusNet know for certain that the DPA is applicable.  Their claim that it is applicable came first.  We need clear reasons how it is applicable.  I gave you the reasons why it may not be... it is for PlusNet to take notice of that and answer my question.
3.  The only information I and other referrers require is the account name that the referral benefit applies to.  The reason it is required is to enable referrers to accurately track which accounts they are receiving benefit for.  Without this information it is not possible to CHECK that PlusNet are keeping their side of the contract to give a referral benefit.  Yes, it is a contract involving a benefit in exchange for a service... the referrers, as suppliers of the service are entitled in law to ensure that they are being correctly paid.  If there is no mechanism to permit this, (which is the current situation) it is an unfair contract.  PlsuNet can pay what they like, there is no way to ensure they are paying what they owe.
I refer customers directly not via banner ads.  I then require to know that I am receiving the referral fee for that account.  That is not unreasonable.  In fact I am legally entitled to check the accuracy of benefits promised under a contract.
4.  Bending the rules is exactly what is going on if the Data Protection Act is being quoted when it does not apply.  This would amount to bending the rules to justify not disclosing information that MAY be disclosed.  No-one is being asked to break the law, because if it is permissible under the act to disclose this inoffensive piece of information, the law is not broken.
In all your response, you have not taken any notice of the logic that demonstrates the act does not apply, nor argued against it.  I have given good and specific reasons why I believe the DPA does not apply.  The response is vague and defensive.
Please don't take offence at this.  The fact is I have a valid complaint, and I won't just drop it when the reason I am asked to drop it is invalid.  However, I think we've posted enough words about it.  I won't push any further on the forum.
With respect!  In the end, PlusNet does a superb job, and the referral scheme works.
pcsolution
Newbie
Posts: 8
Registered: ‎13-06-2007

Re: An apology and a comment re. Data Protection

Quote from: Loombucket

Can someone at PN PLEASE instruct the CSC staff that these queries can be handled in a lot more helpful manner without conflict with the DPA?

In another thread (Who did I refer? Who is this "new_signup" fella?), I have been having a similar argument.  The simple fact is that employees are often told NOT to disclose ANYTHING, because it MIGHT have implications under the DPA.  This is easier than training them on the DPA or making individual decisions on what may or may not be disclosed.
Many large organisations use the DPA as a blanket "excuse" in this manner.  Recent research showed that 90% of refusals to supply information "because of the DPA" were unjustified - refusal resulted from a "better not to release info just in case" policy.  Even when it is plainly stupid to withhold info, employees hands are tied by company policy to "quote the DPA and refuse".
However, when a financial transaction such as commission (which is what referral benefits are, legally speaking)  is involved they are definitely in the wrong to withhold information that permits the earners of commission (us as referrers) to check that we are receiving the right amounts for the right accounts.
Assos
Grafter
Posts: 5,880
Thanks: 1
Registered: ‎05-04-2007

Re: Refferals and DPA

Just to note I've merged two threads discussing Refferals and the DPA here if posts are in a slightly odd order....
Rikaitch
Grafter
Posts: 212
Registered: ‎08-06-2007

Re: Refferals and DPA

I have to say, pcsolution knows his stuff! Basically, the DPA boils down to one thing in the case of PN. Personal information, like name or address cannot be divulged. The username isn't hidden to you, when you give your name as the referrer, so when does it then become hidden after the account is set up? I agree, referrals by banner add would be different, so don't include them in the list.
I also have to say, in my years as a referrer, my discount has never been the same from one month to the next. One particular month it dropped by £1.50, and when I queried it, I was told that it was correct, but the CSC couldn't explain why because of the DPA. If they did that on a regular basis, and it is fraudulent, our point is how would we know?
Loombucket
Grafter
Posts: 314
Registered: ‎09-06-2007

Re: Refferals and DPA

We've got to get some sense out of this soon, guys, it's really crazy at the moment.  Especially so for me, because - as previously mentioned - I personally sign up every referral, sitting with the customer as I do it, to ensure it is done right.  This means that I already know their usernames, therefore the DPA cannot apply.
Because of this it is doubly frustrating when something appears to go wrong with the referrals payment system (which happens, trust me) and I cannot tell which of my customers the cock-up relates to, therefore cannot sort it out.
As an earlier poster remarked, this in effect allows Plusnet to commit undetected fraud on a massive scale (should they ever choose to) by simply not paying out referrals and withholding the information needed to prove it due to "DPA restrictions"!
We regular referrers therefore HAVE to trust PN's systems entirely blindly - something which I am NOT AT ALL comfortable with, for obvious reasons.  I am sure the intent to pay promptly and accurately is there, but the mechanisms are suspect at this moment and there is no way we can ever prove that we may be suffering by it.
Just to prove the suspect nature of the referrals payment systems, I am still waiting for a payment to reach my account that was raised manually on July 31st after several months of waiting for something to happen.  A ticket was raised last Friday but no answer has yet been received.
To quote Ricky Tomlinson.... "Data Protection my ar$e!"
MauriceC
Resting Legend
Posts: 4,085
Thanks: 929
Fixes: 17
Registered: ‎10-04-2007

Re: Refferals and DPA

There are two outstanding entries in the PUGIT database over in the usergroup site at http://usergroup.plus.net/pugit/view.php?id=262
and
http://usergroup.plus.net/pugit/view.php?id=115
Your feedback and vote can help push these issues forward.
MauriceB

Superusers are not staff, but they do have a direct line of communication into the business in order to raise issues, concerns and feedback from the community.

zubel
Community Veteran
Posts: 3,793
Thanks: 4
Registered: ‎08-06-2007

Re: Refferals and DPA

I think part of the DPA problem with referrals is not the "knowing of usernames" at all.
The fact is that referrals are credited at the end of the month after a payment has been made by one of your referees.
If that referee does not pay his bill on time, for whatever reason, then obviously this has an impact on the credits due on your account.
This effectively gives you indirect access to their financial information which definately IS covered under the Data Protection Act, (quite heavily).
Plusnet are working on the referral scheme and no doubt have improvements in mind.  It would be interesting if they could post what they intend.
Barry