More underhand tactics? This time I am the target.

So, apologise for those expecting a blog about the data centre, that will have to wait until tomorrow as I have just received the following in my inbox.

So, you might not be able to read all that if you’re viewing on a phone, which most of you do.  So I’ll de-jargon it.  Google runs blogger, the site my blog is hosted on.  Someone has told blogger that 5 of my posts, “contains allegedly infringing content that may violate the rights of others and the laws of their country.”  The key words here are ALLEGEDLY and MAY.

Anyone that has read this blog knows that there is nothing libellous within it.  Google will remove all posts where people raise this concern, they do this without reviewing the information.  It does not mean I have done anything wrong, so anyone being told that is being lied to.  There is more info on this video if you want to have a nosey. 

I have requested that google put back the information back and Baby’s Days have been made aware of this, google will put it back within 10 days unless Baby’s Days/Sys IQ LTd take me to court in the meantime.

I am not sure why the complaint was made as the notice hasn’t been published yet, but each of the posts flagged refers to either the director of SYS IQ Ltd or the creator and Admin on Baby’s Day’s Official support group.  Other than the post about the possible bug, which refers to neither.  If this is the case I will remove the names.

It could also be because of a copyright issue, only Baby’s Days or someone acting on their behalf, like their solicitors, can requests the posts be removed.  Back on the 27th November, I sent Baby’s Days solicitors a letter, the letter asked: 

“Please could you explain what you mean about my application of the trademark to the blog as being detrimental? What it is your client believes I am using in my blog that infringes the companies Intellectual Property Rights? Under UK Copyright Law, I believe I am allowed to use a piece of copyrighted material, or have ‘fair dealing’ for the purpose of criticism and news reporting. Please could you clarify your clients stance on this.”

I have received no response to this and until then I remain of the opinion that any use of the name Baby’s Days is made in reference to the company and any publication of copyright data (such as emails that are not marked confidential) is done so under fair dealing and fair use terms for the purpose of review.  You can’t exactly write a review about a company and their actions without using their name can you?  It’s quite patently obvious that I am not trying to pass myself off as belonging to or working with or part of this company.

Everything is factual and documented, sure sometimes I publish a lot of email exchanges, this is to provide context, so that readers could see I wasn’t posting negative things for my benefit; they could see how they naturally occurred, I felt this was more fair to Baby’s Days.

If the company didn’t act like this, there would be nothing to write about, if they/their customers really want to stop me blogging then they should buck up their ideas when it comes to customer service.  Reporting the blog for spurious reasons in an attempt to silence me just gives me more things to blog about.  As does threatening to terminate customer accounts for speaking about my blog.

Tomorrow I am moving house, so unless my lovely mindess get a good kip in, I wont be blogging,  But over the weekend there will be a post about the Data Centre used by Baby’s Days, so make sure you pop back or join the other 843 subscribers by popping your email address in the bar at the top – if you’re on your phone you might have to go to desktop mode to see it.

PS.  for those asking Chilling Effects is: “As part of our efforts to remain transparent, a copy of each legal notice we receive may be sent to the Chilling Effects project for publication and annotation. Chilling Effects is a joint project among U.S. law schools that seeks to provide resources about free speech online and intellectual property law.” Source Here, In Transparency Section.

Babys Days: The reviews they don’t want you to see.

So, it seems that current customers of Baby’s Days have been told that I am a customer with a grudge and that everyone else in the world thinks Babys Days is awesome.  Just to remind everyone this blog is here because Baby’s Days refused to update my fully paid up system, when I questioned this and tried to make others aware their updates could be restricted my account was terminated.

I was a happy user plodding along for almost 4 years without a care in the world, and then this happens.  It’s arguably only a matter of time before these customers who currently see me as some sort of hysterical grudge holding loon, find themselves in the same position as me.

I thought it would be helpful to collate some other users views of Baby’s Days.  It seems most negative reviews are removed under threat of libel action but if you look you will find them and you will also find posts by Babys Days that demonstrate their true attitude.

I am hoping that these reviews will demonstrate to current customers that my concerns are rational and shared by others; not just a byproduct of holding a “grudge”.  As ever, all I ask is for customers to please back up their data so that they will be safe if Baby’s Days pull the rug from underneath them.

Tomorrow I am going to be blogging about the Data Centre that Baby’s Days uses, so pop back for a nosey.

Who is MAKUK and are they connected to Babys Days?

Hey folks, sorry for the lack of posts over the weekend, it has been so busy here!  We had a Childminder night out to celebrate Xmas and then chopped down our Christmas tree and decorated it and before I knew it the weekend had gone!  Anyway enough about me and on with the first of this weeks blog posts….

Who is MAKUK?

Following on from the last post, I said I would be blogging about adverts places by a user called MAKUK on website advertising for freelance workers.  This was after I discovered that Baby’s Days possibly use freelancers to design the system and that possibly the system is not created “In house” as they claim.

MAKUK has posted many many adverts, so I will just provide you with a brief overview of this users activity.  Obviously I do not know if MAKUK is connected with Baby’s Days (by the way the company director of Baby’s Days is called Mark Adam Kahl and he lives in the UK) so I will show you one advert made by this user that possibly shows there may be a connection with Baby’s Days.

The user MAKUK has posted many jobs and has used many different contractors from the Ukraine (at least 2 different contractors), the USA (again at least 2 contractors), India and Sri Lanka.  This could account for the possible small bug that I found on my system and which led to me being removed from The Official Support Group.  Let me explain…..

The best way to describe it in lay person terms is to say, there are essentially lots of different authors writing chapters in the same book; the authors don’t know each other and possibly don’t speak to each other, so they don’t know each others thoughts or ideas and without reading all the other chapters they can’t be sure what others have written.  So although the story makes sense, there are times when the language used is different, or where one author might write in a different tense to the next.  The flow of having only one author just isn’t there.

When you transfer this analogy over to a computer system, it means there is the potential for small bugs to creep in as there is no “master author” overseeing how the software (or ‘book’) is coming together.  That would explain how my possible bug and other possible bugs I will blog about later have come to be. 

I’ve posted already on this blog that many companies use contractors, that’s isn’t what the problem is here.  The problem is that it isn’t good practice to also mislead your customers and put down your competitors in the process of using them.

I also wonder if Baby’s Days head in the sand approach to their use of contractors may have led to some problems in terms of systems bugs and problems as it doesn’t seem that anyone is properly overseeing the flow of the “chapters” these contractors write.  Most companies have systems in place to do this, but as Baby’s Days deny using contractors I am unsure if they have considered this possible problem.

I have had over 60 questions in my inbox / on Facebook over the weekend and sadly I can not answer them all as I am not the director of Baby’s Days but I have done my best.  It is a shame the company hasn’t taken the opportunity to clarify their use of and supervision of freelance workers and the work they create.  I think they are rather hoping I will go away, but I will be here and I will help you all as much as I can.  Feel free to post any worries in the comments below anonymously, it might take me a few days but I will get back to you.

Pop back tomorrow when I will be blogging a collection of Babys Days reviews sent to me anonymously or written on other websites.

Baby’s Days and Contractors.

So last night, I blogged about a possible contractor used by Baby’s Days who lives in the Ukraine.

Kel Thomas has posted over in the Official Babys Days support group that it’s none of my business, “who they employ and it’s [also] none of our [meaning customers] business”.  A few other users go on to say that banks and electricity companies employ people all over the world.

 I thought I’d use this blog post to perhaps clarify some points.

  1. I don’t care if a contractor lives in a yacht off the coast of St Trpoez or in a mud hut in Yemen.  I do care that a company claims to only use in house developers when potentially they are not in house at all and are actually contracted.  This would be dishonest.
  2. Secondly and more importantly, I don’t care if Baby’s Days use contractors, as I said, it’s pretty standard.  But I do care if they put competitors down for using contractors when they are actually potentially doing the very same thing!  Is it a bad thing to use a contractor?  Not necessarily.  Is it bad to lie about your use of a contractor?  Of course it is!  This would be dishonest.

Do Baby’s Days Use Contractors?
Baby’s Days claim that they don’t “subcontract the development of their system to unknown individuals”. I have asked Baby’s Days how they explain the gentleman based in the Ukraine and also the countless other adverts placed on Freelance websites over the last 3 years including one for a logo redesign and another as recent as December 2014 for an IOS developer to develop an app.  They have declined to comment.

Is it any of your business who works for Baby’s Days?
Anyone who actually thinks it’s none of their business who a company potentially uses as a contractor obviously needs to think long and hard about making such claims.  As a childminder, I can’t let one person over my threshold without signing a visitors book (ok, it’s not a legal requirement, but you know what I mean), so why would it be ok to potentially share a load of information with a stranger a company may or may not have vetted?

As Baby’s Days deny their use of contractors they haven’t published parameters for how contractors will operate or what they can and can’t see/do, which is what most companies tend to do.  Their Terms and Conditions say, “Each party will ensure that any agents or subcontractors that are permitted to access any of the other’s Confidential Information are legally bound to comply with the obligations set forth herein.”

But what does that actually mean?  Can contractors access Confidential Information?  Would Photos fall under this?  Can contractors download photos?  Importantly what happens when the T&Cs change again, without customers knowing as happened in November?  What additional rights could possible contractors potentially be given?

These are the questions that pop into my head as an ex user and really they should be popping into everyone’s head that has used this service since it began.  Until Baby’s Days clarify this matter we really wont know all of the facts unfortunately and it’s quite frankly extremely arrogant to suggest customers have no right to know who may potentially have access to their data.

DISCLAIMER: Since Jan 1st 2015 the previously mentioned, “Official” support group endorsed by Baby’s Day was re-branded and no longer contains the word “official” and seemingly is no longer endorsed by Baby’s Days.  At the time of writing this blog post the details within were 100% accurate.