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FreedomFighterV

Evernote's Violation of California Law

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This company does not allow communication directly to a representative unless you're a paying subscriber. This company does not allow communication directly to a representative unless you're a paying subscriber. This poses an issue if and when you're storing sensitive and even copy written info on their servers. Furthermore, they should allow contact with a representative if this information is lost due to a server malfunction, or breech. If they allow an open source service and allow placement of data on their servers, it is my belief that access to a solution and or representative to remedy such issues. This request is in conjunction with the California Law -"Shine The light" Law CA Civil Code § 1798.83, which not only protects consumers privacy and how that information is protected, but also how any consumer interacting with a business, shall have "all points of contact" with that business, providing email, address, and phone numbers etc.. Evernote is not following the guidelines of the law.

 

At this point to submit a question, concern, or problem it is in fact required to pay money to contact the company directly while my personal information is populated on their servers. This is outside the bounds to the law, and what I personally believe is fair and ethical. Evernote should be required to abide by the law CA Civil Code § 1798.83, and allow ALL subscribers direct contact to it's customer service representatives, technical specialist, and managerial staff to seek resolutions based on issues involving the subscriber's personal data, and subscription it self. 

 

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If it matters that much to you then pay 5 bucks and go premium for a month and open a support ticket.

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There's the law... And then there's our sense of justice and fairness. You've stated your beliefs and opinions under the guise of the law. "What I personally believe" is that you, my dear Watson, are not being fair.

Besides, who said one has to pay to reach out to Evernote? Even free users have access to Evernote via their support page. They also have Facebook, Twitter... And last but not least, this very forum you're abusing (another one of my firmly-held beliefs). Neither Basic, Plus nor Premium account holders get to pick up a phone and call Evernote direct. The biggest advantage paying members *might* have (in terms of support) is a live online chat. That's about the major difference.

Best you do your homework before going all Chuck Norris on us. Wait... That would be unfair to Chuck Norris. Not cool. Just my belief.

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To take some of the wind out of FreedomFighterV's post...

 

 

California's "Shine the Light" law addresses the practice of sharing customers' personal information for marketing purposes. There is absolutely no obligation that requires divulging information to a California resident regarding security issues shared with the Federal government. 

 

The law requires that a business establish designated contact point— email address, a mailing address, or a phone or fax number —where they may direct Information-Sharing Disclosure requests.

 

So...

Here is a list of Evernote's contact and mailing addresses. Send them a letter.


 

Looks like Evernote is covered under the law.

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A "non-paying" subscriber does NOT have access to email the corporation directly, it only allows the option to post in a forum. A support ticket does not constitute for supplying an email, as the law states as a primarily an "online' entity, they must supply all three components of contact being  a physical address, email, and a phone number. In fact the entire law has been reviewed and it is for disclosure of customer data to 3rd party advertisement, however several statements support the relationship between a general subscriber and Evernote. If you wish to see corporations set boundaries around them and not abide by laws, then your interest is not here, by trolling or posting unhelpful comments. The efforts to contact Evernote have been countless with only the option to post in a forum and now I am exercising that option until the company opens their doors to proper communication as they should be. Florida state has already written a specific law that remedies this issue. No one should have to surrender payment information, while personal information is being stored on their servers. While Evernote's system does work well, they should be providing open support to ALL subscribers if an issue or technicality arises. Simply saying, "If it matters that much to you then pay 5 bucks and go premium for a month and open a support ticket." is not sufficient and should not be required to access simple customer support via email for instance.

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My belief though is that before an obligation can be imposed on someone, there needs to be a contract.  I cannot imagine a free service including *any* obligations.

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<snip>...as the law states as a primarily an "online' entity, they must supply all three components of contact being  a physical address, email, and a phone number. ...<snip>.

 

FreedomFighterV is wrong once again.
California does not use the grammatically incorrect phrase:
                  "as a primarily an "online' entity"
The California lawmakers and lawyers would never permit such a butchering of the English language.
 
California's "Shine the Light" law requires that a business establish a designated contact point.
The official "notification and contact point" can be either:
  1. an email address, or
  2. a mailing address, or
  3. a phone or
  4. a fax number

As mentioned previously, Evernote has posted their mailing addresses.

 

The USPS is more than willing to provide a legal means to communicate with Evernote, including Certified Mail. But in my opinion, FreedomFighterV is unlikely to pursue the issue using the procedure already discussed.

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I do love a storm in a teacup, especially when i have my special tin foil hat on.

 

I guess if you don't like it, don't use Evernote (or pretty much any other service that only provides support to those who are willing to pay for it).

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I would almost question whether or not any of these comments are from internal sources such as "P.R"  reps within Evernote, but I'm sure I'm wrong. As noted before, I have not been able to achieve simple communications with Evernote for any reason at all. This country has gotten to the attitude of "good enough" or "it will fix itself". That's what I'm gathering here. I don't use enough data to desire an upgraded account, BUT I should be able to access customer service regarding, any issue at all. Be apart of a solution and realize they are not providing support like they should or if you're part of the flock of sheep then I guess don't bother, just the like the rest. Some times what matters is the principal issue, not about your opinion.  

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Frontier gibberish.

 

Evernote are under no obligation to provide you with support, they provide channels for free users via twitter and through this user community. If you want more, then you can choose to become a paid user. 

 

Why should you be able to access customer service regarding any issue at all? 

 

The principle here is, if you find something useful then you should pay for it, not that you should feel entitled.

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....This country has gotten to the attitude of "good enough" or "it will fix itself". That's what I'm gathering here... Some times what matters is the principal issue...

 

I believe the attitude of this country, with things like Obamacare, is a country that feels entitled to everything.  This entitlement forces obligations on providers, in crude terms - to treat providers as slaves.

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i think we can talk about this without dragging in health care, labeling people as pr shills, or referring to them as sub-human (sheep). is evernote violating the law? that is the topic of the thread. i don't think the case has been made.

is evernote providing sufficient, adequate, or satisfactory customer support? that would seem to be a different topic, and one that we have covered at length, especially after evernote removed its support for free users. many of us, if anyone bothers to search the forums, will be seen voicing our many opinions on the matter.

but, whatever your opinion, it'd probably help to give something more than "should" as a reason. the legal argument seems weak here. perhaps there is something stronger that would convince evernote to do it?

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i think we can talk about this without dragging in health care, labeling people as pr shills, or referring to them as sub-human (sheep). is evernote violating the law? that is the topic of the thread.

 

Agreed.

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While I'm not intimately familiar with California's Shine the Light law, some general reading shows that it primarily addresses private information shared for marketing purposes. Our privacy policy, including details on information collection and use, is here: https://evernote.com/legal/privacy.php

 

That page also contains contact information available to any level of user, both email and mailing address. 

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