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Brunel Franklin - Spammers?

I have visited their endowment mis-selling site in the past. I gave them personal information including e-mail. I ticked the opt-out box as per below. They are sending me e-mails of a news-letter. They have said that according to their Privacy Policy I have agreed to receive such information and that I can request that they don't send me their information. I disagree and no doubt many other people are being treated the same.

Are they breaking the law now by spamming me? If they have given my information to others have they broken the law?

The statement aga Please review our Privacy Policy prior to submitting your information. By submitting your email address you agree to receive special offers and promotions that may be of interest from other trusted partners of Brunel Franklin. If you do not wish to receive these offers, please check this box.

Part of their Privacy Policy says:

By your acceptance of this privacy policy and unless and until we receive written instruction to the contrary, you agree that we may share your personal information with banks, Financial Advisers or other relevant financial institutions and to affiliates, associated companies or service partners for the purposes of assisting you with financial planning matters in respect of your actual or projected shortfall or for other financial matters or to any other firm, person or company that we believe may be of similar assistance to you. Except as explicitly stated in this Privacy Policy, we do not disclose to any third party the information provided.

(PS I am interested in the legality of what they have done, not whether it is worth using them or any other financial aspects of their service)

Reply to
richard.morriss3899
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is the email from " other trusted partners of Brunel Franklin" or from them directly? There is a difference, what you quoted doesn't mention *them* not being able to contact you (that I can see)

Reply to
Tumbleweed

It wasn't you who called me saturday was it?

If it was sorry about being a bit distracted, would you drop me an email please.

martin at etiqa company uk

Reply to
Martin

No.

No, but then they will have broken their own declared privacy policy.

You have only opted out of offers from their "other trusted partners" (i.e. the customers of their email list rental business.)

Tony

Reply to
Anthony R. Gold

It is from them directly.

I did not say I accepted "their policy" - I therefore have not given them permission to spam me.

Reply to
richard.morriss3899

Are you sure on this - you are effectively saying that they can pass on what information the like to whoever they like and they are not breaking a law?

You could be right I am seeking clarification .

NB I did not agree with their Privacy Policy.

Therefore I would hold that I have not given them any authority to do more than the law allows (by default) - I have not given up any of my rights.

Reply to
richard.morriss3899

See the Privacy and Electronic Communications (EC Directive) Regulations

2003 and in particular Section 22(3).

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Tony

Reply to
Anthony R. Gold

the recipient has been given a simple means of refusing (free of charge except for the costs of the transmission of the refusal) the use of his contact details for the purposes of such direct marketing, at the time that the details were initially collected,

They are saying that the tick box did not apply to them.

I was not given a simple means of refusing communications from them directly - therefore I assume you are agreeing with me.

Reply to
richard.morriss3899

Your use of their web site is explicitly conditioned on your acceptance of their privacy policy

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and that in turn mentions your agreeing to a very broad range of uses of your information until they receive written instruction to the contrary. You were not given a simple means of avoiding any and all of those messages but you have been given one of ending them, and I believe that complies with both the letter and the spirit of those regulations.

Tony

Reply to
Anthony R. Gold

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