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A brief review of the Agreement between CZ

Master Association and dwelingLIVE


 
Overview
A definitive conclusion from a cursory review of the
Agreement between CZ Master Association and
dwelingLIVE clearly is that the agreements reflects poorly
on everyone involved including Keystone, legal counsel
and the CZ Master board of directors. No wonder the
association insists that on legal counsel's advice
" under Civil Code Section 1365.2, a member is entitled to a
copy of "executed contracts," not otherwise privileged. 
Thus, you are not entitled to the statement of work, bids, or
selection criteria, which are executive session privileged
documents"
 
The description of work is so poorly done, that it clearly fails
to address California’s Information Practices Act, for
example
 
No evidence available that there is a compelling argument
to switch over to a fourth website in five years: either
because the quality of service significantly improves, costs
are significantly reduces or because security enhancement
were added. Quite the contrary.
Payment Or Payola?
Exhibit B describes a recurring charge for the website of
$10,000 per year in addition to consumables such as
thermal guest passes and transponders. My previous
investigation into the cost of the thermal passes reveals a
cost of around $125,000 per year.
 
Additionally, dwelingLIVE is granted permission to contract
with third parties to place advertising on the associations
website. The website’s monthly cost of $995.00 is reduced
“by the gross amount of any compensation Contractor
receives..If Contractor receives other than a monetary form
of compensation for any advertising place placed on
Association’s website, then the parties shall reasonably
cooperate it assign a monetary value to said nonmonetary
compensation..”
Inconsistencies a freshman paralegal can detect:
Article 23 of the agreement states that “Each party acknowledges that is has
been given the opportunity to have its independent counsel review this
Agreement prior to executing it.
 
Article 12 states in part “Contractor shall not, without the express written
consent of Association, permit any Confidential Information concerning any
residents in the community to be: (i) used for any solicitation purpose, (ii) used
for any commercial purpose, or (iii) given, sold, or purchased by any person or
entity”.
However, Exhibit B states that it is up to the discretion of the CZ Master
Association the content of the website. The terms and conditions for use of the
website include the following:
(a) TRAFFIC DATA COLLECTED. We automatically track and collect the
following categories of information when you visit our Site: (1) IP
addresses; (2) domain servers; (3) types of computers accessing the Site;
and (4) types of web browsers used to access the Site (collectively
"Traffic Data"). Traffic Data is anonymous information that does not
personally identify you but is helpful for marketing purposes or for
improving your experience on the Site - This is misleading - an IP address
is my computer's social security number - the same one I use in online
banking, for example
 
(b) PERSONAL INFORMATION COLLECTED. In order for you to access
certain services we require you to provide us with certain information that
personally identifies you ("Personal Information"). Personal Information
includes the following categories of information: (1) Contact Data (such
as your name, mailing address, and e-mail address); and (2) Demographic
Data (such as your zip code, age, and income). If you communicate with
us by e-mail, post messages to any of our chat groups, bulletin boards, or
forums, or otherwise complete online forms, surveys, or contest entries,
any information provided in such communication may be collected as
Personal Information
(c) SALE OF INFORMATION. In order to accommodate changes in our
business, we may sell or buy portions of our company or other
companies or assets, including the information collected through this
Web site. If Company or substantially all of its assets are acquired,
customer information will be one of the assets transferred to the acquirer.
CIVIL CODE
SECTION 1798-1798.1
1798.1. The Legislature declares that the right to privacy
is a personal and fundamental right protected by Section
1 of Article I of the Constitution of California and by the
United States Constitution and that all individuals have a
right of privacy in information pertaining to them. The
Legislature further makes the following findings: (a) The
right to privacy is being threatened by the indiscriminate
collection, maintenance, and dissemination of personal
information and the lack of effective laws and legal
remedies. (b) The increasing use of computers and other
sophisticated information technology has greatly
magnified the potential risk to individual privacy that can
occur from the maintenance of personal information. (c)
In order to protect the privacy of individuals, it is
necessary that the maintenance and dissemination of
personal information be subject to strict limits.
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