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Educational Software Thread, Held to ransom over our own data! in Technical; ...
  1. #1

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    Held to ransom over our own data!

    I wonder if anyone could advise me on an issue?

    We signed up for a primary pad (PrimaryPad - Superfunky collaborative padding) and started writing a collaborative document. After a couple of months the primary pad had ceased to exists and instead a screen came up saying 'do we want to create one?'. Our data was gone!

    I emailed support and was told that Primary Pads only have a 30day shelve life and to get my primary pad back we had to pay £140.00 for someone to restore the server where the data was held.

    There was and still is nothing in the companies FAQ, Terms & Conditions or anywhere else on the website that tells the user that a primary pad is only available for 30 days!

    I'm considering legal action against the company. Has anybody else had a problem with Primary Pad?

    PrimaryPad - Superfunky collaborative padding

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    GREED's Avatar
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    It is your data they are surely breaking DPA by witholding it.

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    webman's Avatar
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    No compensation will be paid with respect to the use of your Submission, as provided herein. Primary Pad is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Primary Pad's sole discretion.
    http://primarypad.com/static/tandc.html

    The DPA only covers data held about a person/people. User-generated content such as documents/learning material aren't personal data and aren't covered by the Act.

  4. Thanks to webman from:

    GREED (16th November 2010)

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    GREED's Avatar
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    Thank you for the clarification webman

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    It's ALL our data.

    The document was collaboratively written by staff, parents & governors. A lot of time went into it.

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    GREED's Avatar
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    2 options really then (well three if you want to take to court): Pay the money then ditch them, or make it very very public about how rubbish and poor service they are. Let them know you will inform all schools you know how they have treated you and will advise no one uses them in the future.

    You can tell I often get what I want from the likes of Sky, Virgin, BT etc

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    Thanks for your replies.

    Shouldn't it be made clear that the data is only held for 30 days?

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    We may have considered paying them for their service initially but it's out of the question now.

    I'm capable of going down that 2nd route Graham.

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    GREED's Avatar
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    Quote Originally Posted by mrstephenw View Post
    We may have considered paying them for their service initially but it's out of the question now.

    I'm capable of going down that 2nd route Graham.
    I don't know enough about the company, but if they are small and startup their reputation is going to be the biggest importance to them.

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    SYNACK's Avatar
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    Trying not to be harsh here but why did you put a document that you considered important up on a service that in its T&Cs states that it may delete it at any time without backing it up yourselves?

    and may remove any Submission at any time in Primary Pad's sole discretion.
    It may be effort that you put in but they were under no obligation to keep it safe for you. You are probably quite lucky that they even have a procedure to recover it that they are willing to implement for you.
    Last edited by SYNACK; 16th November 2010 at 12:09 PM.

  12. #11

    localzuk's Avatar
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    To the op - did you pay anything for this site? If not, then you have absolutely no legs to stand on.

    If you did pay something for this site, then you would possibly have some form of case against them, as they don't state that anything vanishes after 30 days. A generic 'we can delete stuff at any time' more than likely wouldn't hold muster in court.

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    On hindsight we should have read the small print I guess.

    There needs to be a certain element of trust when dealing with companies in the education sector. I guess Primary Technology has it's morals a little mixed up.

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    Would it really matter if we paid or didn't pay though Localzuk?

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    Quote Originally Posted by mrstephenw View Post
    Would it really matter if we paid or didn't pay though Localzuk?
    Unfortunately it does. Imagin you posted all your stuff to EduGeek, and Dos removed it all after 30 days... where would you start with that?

    I agree with you that primary schools in particular can be seen as easy targets for such happenings...

  16. #15

    localzuk's Avatar
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    Quote Originally Posted by mrstephenw View Post
    Would it really matter if we paid or didn't pay though Localzuk?
    Yes. If you haven't paid anything, then they have no contract with you that you can fall back on. They don't owe anyone anything.

    An example - someone lends you their car, you leave a half tank of fuel in it and they don't return it. It isn't their responsibility to give you the fuel back...

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