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.

Have Baby’s Days been in touch regarding the blog?

Yes they have!

Last night at 10pm I received my first communication from Baby’s Days (via their solicitor) regarding the blog, this is after the blog being live for 6 days.  You can obviously hazard a guess as to the letters contents, sadly I can’t republish them here as they are marked confidential, if I were to do so, I would be in breach of copyright.

What I can say is that obviously Baby’s Days are extremely unhappy about the blog and they want me to take it down.  I can’t publish their solicitors letters, but I can publish my response so please check back later this evening around 7pm if you would like to stay updated about this companies behaviour.

Don’t forget, you can always sign up for notifications using the email bat at the top of the page!

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?


Did Baby’s Days really change their T&Cs Today?

Post updated as promised…

On November 21st, the day after I posted in a facebook group saying someone ought to set up a blog about the way Baby’s Day treat people, Babysdays changed the T&Cs on their website.

The main changes to the T&Cs seem (I say “seem” because I don’t have the old version, still waiting for BDs to send it) to be the following:

“Libel / Defamation

Should it be proven that you have made (or have threatened to make) libellous (written / printed public defamation) comments / posts about Sys IQ Ltd or the Baby’s Days product, brand and / or trademark, or belong to / are a member of / are a part of any internet based hate-related site / group / forum / blog where others are posting libellous statements or comments / posts about Sys IQ Ltd or the Baby’s Days product, brand and / or trademark, including but not limited to websites, Facebook, Twitter / other social media sites / blogs etc, we reserve the right to terminate and deny You access to Your Subscription Service with immediate effect.” Source

And yes, you read that right!  Obviously all companies want to protect themselves from negative criticism but most companies work with you to solve whatever problem you’re having in the hope that you go away with a positive experience; obviously that doesn’t always work, but most comoanies give it a go.

The other problem with these new Terms and Conditions is the narrow way that Baby’s Days interpret Libel or Defamation.  My co-minders agreement was terminated because of the first ever post on this blog that I made, if you haven’t read it yet, you can find it here.

I am not a lawyer, but a quick google search gives me these definitions:

“Libel: n. to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation…”

Defamation n. the act of making untrue statements about another which damages his/her reputation…” Source

The bold text is my own for emphasis.  Everything in this blog is true and everything is evidenced with messages from Baby’s Days themselves, not third parties. So how can it possibly be Libel/Defamation?

The upshot of it is, if you say something about this company that they don’t like, they will trot out this T&Cs and “terminate” your subscription and will not return your data to you. 

If this has happened to anyone else I would love to hear about it either through Facebook or the comments section of this blog.