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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