EQATEC Analytics folder?

[NN635380100421444899UL]

Looking at the network connections going out, I found capture one was talking to 66f8089f12dc4c21a7539e5e181b5b72.monitor-eqatec.com. However, I didn't have the time to use a network sniffer to investigate the exact contents of the packets going out to this host.

We have seen countless cases in the past several years of software pretending to behave nice, but has been discovered to send back highly personal information, only to have their authors brush it under the carpet or make excuses that it was an oversight. Not wanting to risk this happening on a computer where I store very sensitive information, I simply chose to block this connection.

If and when capture one refuses to work without this sort of information gathering, I will stop using it and switch to something else.

[Horseoncowboy]

the european court of justice just ruled that personal data transfer from eu to the us is illegal. now companies have to show the proof that no personal data is collected and send to the us and it will not be enough just to say we are honest.

[Keith Reeder]

now companies have to show the proof that no personal data is collected

Where have you seen this?

I'm not aware of any new legally binding presumption of this sort; and in practical terms (given the petabytes of data - both personal and non-personal - flying around the internet and across modern electronic communications networks every day), it would be completely impossible to police, and the impact of trying would be catastrophic.

Here's a useful (and old - it's from 2012) infographic which gives some idea of just the internet's data acquisition:

https://web-assets.domo.com/blog/wp-con ... Minute.jpg

And remember that it doesn't reflect business and other data moving around on other comms networks.

[Horseoncowboy]

it is headline on a lot of german news sites like http://www.spiegel.de/netzwelt/netzpoli ... 56366.html . an austrian student had sued facebook an won ! so the savehabor agreement between the eu and the us ist doomed. this a great victory for data privacy !

[Eric Nepean]

A few observations

Telerik has a decent privacy policy - but it only covers PhaseOne, not PhaseOne's users:

This Privacy Policy does not apply to the privacy practices governing the relationship between our clients and their end users when our clients use our Products or SaaS Products to collect and process data. Rather, such usage is governed by our clients' privacy policies, over which we have no control.

PhaseOne's Privacy Policy ( https://www.phaseone.com/en/FooterMenu/ServiceFooters/Privacy.aspx? ) states in part:

Capture One collects usage information to help us improve our products. This information is completely anonymous, and do not include any personal information, such as name, email address or customer ID. Information is collected unobtrusively without the user being asked to supply information manually.
The collected information can be grouped in two kinds of information: demographic data and usage behavior. Demographic data is collected automatically and users are invited to participate or not when launching the application.

However, I observe that no such choice is given when I start the CaptureOnePro application. Nor can I find such information and options when I search through CaptureOne Preferences.

It seems to me that PhaseOne does not adhere to its own privacy policy, and in doing so misses two basic principles of the EU-US Safeharbour agreement: that a person must be notified that their data is being collected, and that a person people must be given the choice to opt out.
https://en.wikipedia.org/wiki/International_Safe_Harbor_Privacy_Principles#Principles

[BeO]

Looking at the network connections going out, I found capture one was talking to 66f8089f12dc4c21a7539e5e181b5b72.monitor-eqatec.com.
...
I simply chose to block this connection.

If and when capture one refuses to work without this sort of information gathering, ...

NN635380100421444899UL,

can you please tell me how to block data being sent? And were you able to work with C1 then? (I mean I can work offline but that's not what I want).

Phase One,

- isn't there any other way to send you the user behaviour and system information i.e. directly to you in Denmark instead of to a data sucking company in the US?

- And as we, the users, your customers, send you this information with no choice, I suggest you report to us on a regular basis what exact conclusions you were able to draw and which feature or user experience you actually were able to improve for us. That would be fair, wouldn't it?

[Keith Reeder]

isn't there any other way to send you the user behaviour and system information i.e. directly to you in Denmark instead of to a data sucking company in the US?

But why should they? What Phase One is doing right now is perfectly lawful.

That would be fair, wouldn't it?

And what happens now is fair, too.

Fairness is explicitly tested for in UK and European privacy legislation (if you're interested, in the UK it's the First Principle of the UK DPA - you need to read the interpretative text and Schedule 2 of the Act alongside it), and the fact that this data sharing is explained in the user agreement, which you read and agree to sign up to, completely satisfies the fairness requirement - if we were talking about personal data.

But then we come back the underlying and critical point that I've already made, which is that anonymised data are not personal data as defined in the legislation, and are therefore completely out of scope of the applicable law.

So Phase One is already going beyond what the law requires to make this OK with its users.

And you agree to it anyway, when you buy and use Capture One. Your choice is clear enough - if you don't like it, you don't use Capture One.

To reiterate though, you have no rights whatsoever regarding data which are not personal to you. You therefore have no legitimate expectations regarding Phase One's use of it, and your opinion that you have (or that you should have) is legally irrelevant.

It's a point worth restating that I'm a professional in this space, and I'm utterly relaxed about Phase One's behaviour here.

Take the hint. Do you really think I'd let it lie if there was a problem?

As it stands, your objection is about is legally meaningful as objecting to your government taxing you. Not liking something doesn't mean it's wrong...

[SFA]

It may be worth pointing out that in the digital world where data are "sent" and where they are stored (personal or anonymous) and where they pass through in the meantime are matters well outside our control.

Telerik, until quite recently, was an autonomous Danish company. So I guess, subject to where their servers were located and how their comms network routed, they would tick the "keep it local" boxes.

It then became part of a Bulgarian company but presumably not much changed in terms of its operations. Not long after that the whole lot was purchased by an American company - but that does not automatically mean that everything has changed in the way it operates and where the data go. Who knows?

Frankly I am amazed that anyone can get anything really useful out of the volume of information collected from every computer and comms related action we take. Whether the people doing the analysis (and tasked with reporting "something") realise that is a different matter. That they do not realise and yet make recommendations anyway may explain some of the strangest decision on strategy and actions that surface from time to time. (I'm talking generally and globally, not in any way Capture One specific.)


Just my opinion, of course, as someone with some background in data capture and analysis.


Grant

[Horseoncowboy]

it is not possible for an normal user to verify the claim that no personal data is transferred to server outside the ec and that the collected information is not sold and misused. we the user face an unbalanced disadvantage so we should at least have the opportunity to decide if we agree or not.


for those who don't want to get full transparent without any benefit use

https://www.obdev.at/products/littlesnitch/index.html

to stop this monstrous data collection, be aware that you will maybe get shocked how many sly connections are established in the background.....

[SFA]

Judging by the numbers of people who are more than happy to tell the entire world all about their "life" using "social media" I doubt that most people give a damn what is going on on-line - or even off-line with information provided in more "traditional" ways.

Governments will be especially keen to see as much electronically collected information as possible.

To win votes the politicians will tell you they believe in privacy. But they are just politicians. The people who run countries are well aware that knowledge is power and offers control. Of course they do not wish for such rules to apply to them ...

I suspect that best option is to give so much information that "they" are overwhelmed. The machines may be able to report it but can the humans make use of it?



Grant

[BeO]

Well Keith, I was almost expecting you to react as you did...

isn't there any other way to send you the user behaviour and system information i.e. directly to you in Denmark instead of to a data sucking company in the US?

But why should they? What Phase One is doing right now is perfectly lawful.

Not everything what is lawful need necessarily to be done. I as a customer asked the legitiamte question to the supplier if they would consider to change the path through the web for collection this data. I cannot see what's wrong with that!

Fairness is explicitly tested for in UK and European privacy legislation (if you're interested, in the UK it's the First Principle of the UK DPA - you need to read the interpretative text and Schedule 2 of the Act alongside it), and the fact that this data sharing is explained in the user agreement, which you read and agree to sign up to, completely satisfies the fairness requirement - if we were talking about personal data.

If we were talking about personal data and in case you don't know be advised that no EU company is allowed to send personalized data of EU citizens outside the EU, unless the target country is defined as a "safe" country via a pure arbitrary and opportunistic decision by the EU commision also known under the term "Safe Harbour" which you also should know is declared as illegal by the highest EU court in the case of the US, the decision partly justified by the judgement that data in the US is not safe due to companies need to follow directives of the NSA.

(btw. quite unbalanced /unfair legal foundation imo, as the British GCHQ is said to be even worse than the NSA when it comes to data gathering, but the UK is (still) part of the EU ...)

As it stands, your objection is about is legally meaningful as objecting to your government taxing you. Not liking something doesn't mean it's wrong...

It might be "wrong" even it legal. But I did not even mention the word "illegal" or "unlawful" or suggest that in my post at all, did I?

And you agree to it anyway, when you buy and use Capture One. Your choice is clear enough - if you don't like it, you don't use Capture One.

I expected nothing less than this provocating and "discussion stopper" argument leading nowhere at least not to a balanced and fair discussion about possible alternatives and concerns from a customer, might the latter be legitimate (in your spirit) or not ...

And do you really think the law is the holy bible which rules the world and every other opinion should be suppressed as you are apparently trying to do?

Then, btw., laws would never have changed and we still would follow the paragraphs of the Roman Empire...!

To my second point:

We are seeing issues with beach balling, slow performance, C1 hangups, unanswered support cases here in the forum, so I think it is not unfair to ask P1 what has actually be improved for the users by the means of analytics software sending user behavior in a licenced software around the world
(btw. I did not "buy" C1 but aquired a licence which entitles me to use C1, I know the difference although I am not a professional in the legal space)

To sum up, I was not implying P1 does something unlawful as I assume it is not personlized data we are talking about so there is no reason to throw your holy bible towards me.

[VAD.]

Old thread with new facts.

As of 25 May 2018 new EU GDPR is valid.
I hope that the EQATEC Analytics folder will disappear from my Mac...

https://www.eugdpr.org

[BeO]

+1

[NNN636439655993725736]

+1

[Ian3]

Old thread with new facts.

As of 25 May 2018 new EU GDPR is valid.
I hope that the EQATEC Analytics folder will disappear from my Mac...

https://www.eugdpr.org

But GDPR still applies to personal data only, which means data from which you can be identified, so if what is collected and sent is anonymised, then GDPR does not apply to it.

Ian