posted on August 8, 2001 07:32:53 PM new
Hi!
What a month! Between the Photopoint aggravation a few weeks ago, my hard drive crashing last weekend, and now I get my auctions cancelled by ebay tonight just before 1/2 my auctions were ending. If you care to read their message it's below, but in a nutshell I had started an online newsletter that had a link in my listing to sign up for notification when I put up new eBay auctions. Only those who signed up got the newsletter, therefore the newsletter was solicited, and I only discussed my eBay auctions...what was new, any specials, and the link to my list of ebay auctions. Of course I emailed eBay to review this situation, but the results are the same, the auctions are terminated. Did I really do something wrong? If I did fine, I deserved it. But as a member in great standing on ebay for almost 3 years, don't you think a warning would have been in order. If eBay did this in error, am I titled to compensation?
Thanks! danabalsamo
..."Unfortunately your auction(s) was in violation of one or more
of our listing policies. Specifically, violating the Privacy Policy.
Your auction contained the following which is inconsistent with eBay
policy: auctions contained mailing list sign up device and "Sign up to
receive notification of when I list new items, usually weekly. You can
unsubscribe at any time and your email address will not be shared to
anyone at any time, your privacy is important to me."
The policy states: "5. Your Use of Other Users' Information.
By entering into our User Agreement, you agree that, with respect to
other user's personally identifiable information that you obtain through
the Site or through an eBay-related communication or eBay-facilitated
transaction, eBay hereby grants to you a license to use such information
only for: (a) eBay-related communications that are not unsolicited
commercial messages,"
posted on August 8, 2001 07:57:50 PM new
eBay has become so desperate to keep anyone from making money outside of eBay --- that it's willing to forgo the revenue it would gain by allowing sellers to promote their eBay auctions.
That's one reason I'm spending less money listing on eBay -- and spending more money promoting my web site (where eBay doesn't make a dime.)
I won't be a Power Seller anymore by the end of the year. And that suits me just fine.
It simply means I'm making more money for me.
posted on August 8, 2001 10:44:45 PM new
I've heard of cutting off your nose to spite your face but that beats all, doesn't it?
I quit using eBay a few months back (try to sort of keep up to date on their policies) and all I can say is what a breath of fresh air!
I've been listing on several other sites this summer and while sales aren't hot on any one particular site I've been busier than I ever thought possible.
Now to answer a couple of your questions: Do I think a warning was in order? Definately. Unfortunately with eBay the right-hand doesn't know what the left-hand is doing. Someone may've sent you a warning that never even showed up in your mailbox but went on your record, then someone else could've just zapped your auctions.
Then again, this kind of thing has happened enough before that who knows?
If eBay did this in error, should you be compensated? You maybe should be, but you won't be. eBay can do what they darn well please and it doesn't matter what anyone else thinks. They will do what they want, whenever they want.
posted on August 9, 2001 12:26:25 AM new
I am totally confused. Maybe someone at AW can answer this or someone else knows.
If what danabalsamo did is WRONG then WHY does AW allow sellers to put a "join my mailing list" link on our auctions. If sellers are not allowed to email bidders that join the list then WHY have the list?
Or is the AW list allowed because of the two click rule thing? I state in each auction - Click to enlarge the picture if you wish to join my mailing list! Is this not allowed?
I certainly can not afford to have all my auctions cancelled and I am concerned!
Is his violation because it was on the description page and not a double click?
PLEASE HELP ME - I do not understand.
Auctions are all about 2 people wanting 1 item. The trick is having it listed when the 2 bidders are looking.
[ edited by richierich on Aug 9, 2001 12:47 AM ]
posted on August 9, 2001 07:23:58 AM new
Include an invitation in your EOA notices - you'll only get to invite winning bidders to join up, but that's the best you can do under Ebay's new rules.
I don't know about having a mailing link signup in your About Me page, you'd have to go back to Ebay about that one - but I do recall the stir when they banned mailing link signups and invitations in listings.
posted on August 9, 2001 10:40:05 AM new
That (a) clause without (b) and (c) in the original quote got me wondering, so I went to eBay to look at the policy. What it says in full:
By entering into our User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site or through an eBay-related communication or eBay-facilitated transaction, eBay hereby grants to you a license to use such information only for: (a) eBay-related communications that are not unsolicited commercial messages, (b) using services offered through eBay (e.g. escrow, insurance, shipping and fraud complaints), and (c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s). In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel, VeRO program participants, and other rights holders are given different rights with respect to information they access.
eBay and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add an eBay user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent after adequate disclosure. To report eBay related spam to eBay, please send an email to [email protected].
==
Now they don't say you can't add someone to a mailing list if they ask. It's ridiculous for them to use this section in particular to ding you on it. If there are rules elsewhere, they seem to contradict this one.
posted on August 9, 2001 12:52:04 PM new
This must be clean up your act week. I just had several auctions closed for "more than 10 of an identical". Yes, I did, I had one closing in the morning and one in the evening when I get most of my sales and they were listed every day. And I listed in 2 seperate cats on some cause it applies. Actually it applies to many I just pick my best 2.
Well I suppose I deserve it but I have been doing this for ever. They just picked today to get me.
I'll fix them though, got my can of spray paint out and now I will have a different color closing everyday. HA!
posted on August 9, 2001 02:27:51 PM new
When someone asks to be put on your mailing list it is clearly within ebays rules for you to do that. Claiming you violated their rule is an error.
More importantly (this part may not apply to the immediate problem) ebay's rule itself is unenforceable. To say that you cannot contact someone via "information that you obtain through ... an eBay-related communication or eBay-facilitated
transaction" is over-reaching and a contract of adhesion.
Ebay is saying, in plain English (which ebay hates to use), that when a buyer emails you after an auction, you cannot use his email address to contact him (except in relation to that single auction) because the communication was "ebay related".
If a newspaper classified section ever tried to impose rules like this it would be laughable. And ebay claims to be only a venue...
posted on August 9, 2001 02:55:47 PM new
I want to thank you all for your replies. I feel a little better knowing that I did not out and out break any rules. I guess eBay policies are so technical they can make pretty much make up what they want.
I hate spam and to be accused of doing such a thing kept me awake last night. I am still waiting for a reply from eBay. I wish I had a phone number for them. I got so frustrated with it all last night I deleted all my Favorites lists and all my Items Watching out of spite, I'll show them...I won't bid anymore...yeah right! I'm searching as I write this. I deleted the invitation link, just in case. My husband said their system searches for those things so even if I didn't do anything wrong I don't want this to happen again. I'll tell you, the customers on my list were very supportative and I plan on forwarding those emails to eBay.
Thanks! danabalsamo
