Have Baby’s Days threatened your account previous to this?

Yes they have.  As detailed elsewhere on the blog, I emailed Baby’s Days Support asking if they employed Kel Thomas to run their Official Support Group.  This is all detailed on this blog post if you would like to have a quick look.

Anyway, because initially Baby’s Days did not give me a clear cut answer regarding this, I asked the same question in a Facebook Group – this was before the new terms and conditions came into force.

Within an hour of posting the question on Facebook we received an email from support asking why I felt it necessary to post such questions on Facebook and also asking why I had posted Baby’s Days (vague) reponse on Facebook.

Anyway, we ignored this question because really it’s nothing to do with Baby’s Days what I post on Facebook so long as it isn’t libellous.  Here is what followed:

So if you are reading this blog and thinking anything like, “this is her own silly fault for starting this blog”.  Please, think again. 

The account was first threatened almost 2 weeks before the blog started.  After this threat the system did not receive the Control Centre update.  I believe the reason the system update was refused was:

  1. Because I posted in the support group asking people to test for a possible bug &
  2. Because I asked the question about Kel Thomas being employed Baby’s Days and posted supports response in a closed Facebook Group.

So please, open your eyes to the practices of this company.  I am not asking any of you to leave, just be aware of how they operate. Please back up your work, so that when you have an original thought or idea that might conflict with the ‘powers that be’, you will not feel threatened by the loss of your system.

Has anyone complained to the Information Commissioner’s Office about Baby’s Days?

So I have been contacted by a few people advising me I should contact the ICO regarding how Baby’s Days have handled the data they have stored for me through the service my co-minder pays them each month.

Section 7 of the Data Protection Act provides the right for customers to request a copy of the information an organisation holds about them.  However, the right of access goes further than this, and an individual who makes a written request and pays a fee is entitled to be:

  • told whether any personal data is being processed;
  • given a description of the personal data, the reasons it is being processed, and whether it will be given to any other organisations or people;
  • given a copy of the information comprising the data; and
  • given details of the source of the data (where this is available). Source

When Babysdays “terminated” the account of my co-minder we immediately emailed them and asked if we could please make a subject access request as is our right under S.7 of the Data Protection Act.  Here is the email that followed:

I am still hoping, perhaps niavely, that Baby’s Days will give me back my system come Monday and in return I will remove my blog. If I don’t get back my system I will be contacting the ICO to see what they think about Baby’s Days response to my subject access request.

In the mean time I have made a Freedom of Information request with the ICO regarding Baby’s Day, Mark Kahl and Sys IQ Ltd to determine how many complaints or concerns (if any) have been made against them.  In 20 working days I will have an answer to post here. 

At the top of this blog there is a bar, it says email address, fill that in with your address and you will be notified of any changes to the blog.  Baby’s Days will not know you have done this.

More info on T&Cs Changes.

So as mentioned on another post, Baby’s Days specifically introduced a new clause to their T&Cs.  This new term came into effect the day after I mentioned, in a Facebook group, that I was thinking of setting up a factual blog detailing my dealings with the company.  I even emailed Baby’s Days about this blog when they sent me part of the new T&Cs and assured them they had no reason to worry about Libel/Defmaation as I would be blogging factually about our interactions.

Anyway, a few people have contacted me by email and facebook worried about the new terms and conditions and have asked if I can find out what other changes they have made in the Nov 2014 edition of the T&Cs.

Baby’s Days don’t provide previous T&Cs to their customers, but I was able to find a cached google page from their website, which had the old Terms and Conditions from Sep 2014 published.  So I have now been able to compare the Sep 2014 T&Cs with the Nov 2014 T&Cs and they make for interesting reading!

The main changes are as follows:

Your agreement is no longer with Baby’s Days, but with a company called Sys IQ Ltd.

I Have no idea why they would have changed the name of the company your agreement is with? I have no idea what, if anything, this means for your data, if it has been moved / shared bwteen 2 companies?  It isn’t very clear to me.  Sys IQ Ltd appointment Mr Mark Kahl (the guy that owns Baby’s Days) as a new board member on the 22.02.2013, so quite a while ago source.  If anyone has any idea why this change may have occurred please leave or comment or message me on Facebook.  It might take me a while to respond but I will get back you.
They have added a clause that lets them, “amend, remove or vary”…”any section of the Subscription Service, any Content on the Subscription Service, or any service offered on the Subscription Service at any time and without notice”.

This now obviously means they can pretty much do anything they want to your system at any time they fancy and without informing you that they are doing this. 

The old terms and conditions said they do not, “monitor or police communications or data transmitted through the subscriptions service.” This clause has been removed entirely.

Doe this now mean they DO monitor or police communications or data transmitted through the subscriptions service?  It’s not really clear.

There are lots of other claims made in the terms and conditions which many users may not know about, so I have compiled a PDF to this post for those of you that are interested, you can view it here.  Where you see words crossed out, they are no longer in the agreement, where you seen yellow highlighted text, this is new information added to the T&Cs in November.  Any red text is my commentary on the T&Cs.

It would be great to hear about what others think of these T&Cs?