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Translator rating on Lingorate without permission
Thread poster: Irene Koukia

Irene Koukia  Identity Verified
United Kingdom
Local time: 07:33
Member (2008)
German to Greek
+ ...
Aug 29, 2016

Dear colleagues,

I received an email from Lingorate on August 22, 2016 that my name was featured on their rating-website: 22.08.2016

It was the first time I ever heard about them and I immediately asked to be removed, since I never agreed on being featured on their website. Nothing happened.

Two days later I requested to be removed again. Nothing. I am still featured.

I already have ratings on Proz.com and Translators Cafe and it is still my decision where my name and business is featured. I don't need another website with rating to monitor, nor do I wish to be rated according to "standards" not laid out on their website.

There are no ratings yet and I did not claim my profile, as requested (I assume that by doing that I will have to accept Terms & Conditions, which are not visible at this point).

Last night I received a message through Translators Cafe to rate other colleagues: 29.08.2016

They seem to have started a campaign to promote this 'thing'. Any ideas on how to proceed, since they seem to ignore my removal-requests? I do not want to be on their list, nor have I ever been asked for permission.

Thank you in advance,
best regards,
Irene


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Irene Koukia  Identity Verified
United Kingdom
Local time: 07:33
Member (2008)
German to Greek
+ ...
TOPIC STARTER
In their FAQ they urge you to "claim your profile" in order to accept their (unacceptable) Terms! Aug 29, 2016

If you go to the FAQ section, you see this: FAQ

If you do claim it, you will be forced to accept their terms:
"Terms of Use

Any participation in the site will constitute acceptance of the following terms. These terms are legally binding contract with LingoRate. If you are unable or unwilling to be bound by the terms, please do not access this site. We may modify the Terms from time to time. You understand and agree that when continuing to access or use this site after the changes are applied indicated your acceptance of the changes.

DEFINITIONS

Parties

"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site."We", "us", and "our" refer to LingoRate.

Content

"Content" refers to text, images, and all other forms of data. "Your Content" refers to Content that you submit, such as ratings, reviews, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "LingoRate Content" is Content that we create and make available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, and LingoRate Content.

USING THE SITE

1. Eligibility

Competitors of LingoRate or people who were from the site are not allowed to access or use this site. Only adults, who are 18 years or older have the authority to enter into these Terms.

2. Permission to Use the Site

We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

3. Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

4. User Accounts

In order to use some of the features offered through the site, you must create an account and provide certain information about yourself. The confidentiality of your password is under your responsibility. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

In creating your account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.

CONTENT

1. Responsibility for Your Content

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

2. Our Rights to Use Your Content

We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, transferable rights to use Your Content for any purpose. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

3. Ownership

You own Your Content. We own all the LingoRate Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the LingoRate Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the LingoRate Content in whole or in part except as expressly authorized by us.

4. Other

We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

RESTRICTIONS

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

A. You agree not to, and will not assist, encourage, or enable others to use the Site to:

i. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

ii. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

iii. Attempt to manipulate the Site's search results or any third party website;

iv. Violate any applicable law.

B. You also agree not to, and will not assist, encourage, or enable others to:

i. Violate the Terms;

ii. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content);

iii. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;

iv. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;

v. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;

vi. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");

vii. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

THIRD PARTIES

The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE LINGORATE ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

A. THE LINGORATE ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE LINGORATE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE LINGORATE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

B. THE LINGORATE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

C. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.

D. THE LINGORATE ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

TERMINATION

We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information."

I think that is really unacceptable!


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Sheila Wilson  Identity Verified
Spain
Local time: 05:33
Member (2007)
English
+ ...
I'm sure they've been talked about before here Aug 29, 2016

Was it a different name or something last time because I can't find anything in the forums here?

I just went to the site and my name was already given as a prompt when I tried to search for myself, so presumably I've been through the loop before (I'm not there). It certainly looked very familiar.

Thanks for reporting it. I don't suppose we can get it taken down but it's shady at best. We all need to keep an eye on it.


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Woodstock  Identity Verified
Germany
Local time: 06:33
German to English
+ ...
I checked LingoRate on WhoIs Aug 29, 2016

This is the result:
________
Whois Server Version 2.0

Domain Name: LINGORATE.COM
Registrar: TLD REGISTRAR SOLUTIONS LTD
Sponsoring Registrar IANA ID: 1564
Whois Server: whois.tldregistrarsolutions.com
Referral URL: http://www.tldregistrarsolutions.com
Name Server: NS3.ORANGEWEBSITE.COM
Name Server: NS4.ORANGEWEBSITE.COM
Status: clientTransferProhibited https://icann.org/epp#clientTransferProhibited
Updated Date: 27-mar-2016
Creation Date: 09-nov-2015
Expiration Date: 09-nov-2016

Last update of whois database: Mon, 29 Aug 2016 11:11:05 GMT
_______________________________________

I checked the TLD REGISTRAR SOLUTIONS LTD. website(http://www.tldregistrarsolutions.com), and it is a sitebuilder website anyone can use to establish an online company. It's based in the UK, and lists an e-mail address and telephone numbers for the UK and US, so if you want to go to the trouble, you may want to lodge a complaint with them. If you want to get really serious, and I wouldn't blame you, get a lawyer (friend would be best!) to write a formal letter of complaint. It's outrageous what people get away with on the internet these days. That's the main reason I use pseudonyms on all blogs and websites with public access.

Good luck.
Edited to add: I just found an e-mail address to report abuse, which you may want to try abuse@tldregistrarsolutions.com

[Edited at 2016-08-29 11:41 GMT]


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Irene Koukia  Identity Verified
United Kingdom
Local time: 07:33
Member (2008)
German to Greek
+ ...
TOPIC STARTER
Thank you! Aug 29, 2016

Thank you Woodstock!

I just reported the website to abuse@tldregistrarsolutions.com and will see what they reply - if they do so. Will keep you posted. I am sure that I am not the only one who disagrees with being featured on a "shady" list.


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Lianne van de Ven  Identity Verified
United States
Local time: 00:33
Member (2008)
English to Dutch
+ ...
Aggregator site Aug 29, 2016

This is a so-called aggregator site. It's funny how you have to verify that you are NOT a robot when you contact them, while they have pieced together their site in a major robotic way. I was able to remove myself from many such sites in the past. I concluded that it was easier for them to comply with a few complainers. Would you have ever known if they had not sent you an email about it...?

https://www.quora.com/Is-it-legal-to-copy-news-from-other-sites

Did you read this?
http://www.translatorscafe.com/cafe/MegaBBS/forumthread27190.htm?start=1

Which method did you use to request to be removed? info@lingorate.com?


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Serena Basili  Identity Verified
Belgium
Local time: 06:33
English to Italian
+ ...
Yes, I remember something similar, too Aug 29, 2016

Sheila Wilson wrote:

Was it a different name or something last time because I can't find anything in the forums here?

I just went to the site and my name was already given as a prompt when I tried to search for myself, so presumably I've been through the loop before (I'm not there). It certainly looked very familiar.

Thanks for reporting it. I don't suppose we can get it taken down but it's shady at best. We all need to keep an eye on it.


It was no longer than 2 months ago, I guess!
Apparently, they have changed their interface, because I clearly rememeber that after reading the post I went on their webiste I searched my name through something similar to a "Search" tab and now this option is not possible (just checked).

I really hope I won't get into this!

[Modificato alle 2016-08-29 14:29 GMT]


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Tina Vonhof  Identity Verified
Canada
Local time: 22:33
Member (2006)
Dutch to English
+ ...
Illegal? Aug 29, 2016

I think this may, or should, be illegal. I would check with proz.com and translators café if that doesn't violate their copyright.

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Alison MacG  Identity Verified
United Kingdom
Local time: 05:33
German to English
+ ...
Previous thread removed Aug 29, 2016

I remember this too (the same poster started a similar thread at the same time elsewhere - Bad review in Lingorate - should I worry?).

http://www.proz.com/forum/business_issues/302921-how_important_is_lingorate_rating-page2.html

This thread was removed by a moderator or staff member because its initial post was not in line with site rule http://www.proz.com/siterules/general/3#3

Advertisements are prohibited.
Paid advertising is available from ProZ.com in designated areas of the site. Unauthorized solicitation, sent via the forums, profile messages or elsewhere, is not allowed. Discussion of sites offering competing services is also prohibited, due to past abuse.


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Sheila Wilson  Identity Verified
Spain
Local time: 05:33
Member (2007)
English
+ ...
Ah yes Aug 29, 2016

Alison MacG wrote:

I remember this too (the same poster started a similar thread at the same time elsewhere - Bad review in Lingorate - should I worry?).

http://www.proz.com/forum/business_issues/302921-how_important_is_lingorate_rating-page2.html

This thread was removed by a moderator or staff member because its initial post was not in line with site rule http://www.proz.com/siterules/general/3#3

Advertisements are prohibited.
Paid advertising is available from ProZ.com in designated areas of the site. Unauthorized solicitation, sent via the forums, profile messages or elsewhere, is not allowed. Discussion of sites offering competing services is also prohibited, due to past abuse.

I remember now. They rather strangely brought it to our attention.


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Irene Koukia  Identity Verified
United Kingdom
Local time: 07:33
Member (2008)
German to Greek
+ ...
TOPIC STARTER
How do I get out of their website Aug 29, 2016

I have no ratings yet and that is not really my issue. I simply do not want to be featured on websites I have not chosen to be on. They can't simply use my name and my reputation for their own agenda without even asking me or providing me with an option to accept/reject their offer.

I already requested to be removed twice but they haven't done so. I also reported them for abuse today.

I went though the post on TC (the one about the colleague's rating) but there is no information about how to get removed from this website.

Any tips would be very welcome

[Edited at 2016-08-29 17:32 GMT]


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Mirko Mainardi  Identity Verified
Italy
Local time: 06:33
Member
English to Italian
+ ...
Maybe we can't? Aug 29, 2016

Irene Koukia wrote:

How do I get out of their website?


If you think about another (extremely famous) website that rates restaurants, pubs and similar establishments, and check their removal policy, you'll find that they actually don't allow removal on request... They only do if the establishment in question went out business... And in a sense, freelance translators are small businesses (and a similar well known rating website exists for businesses in general as well, whose name has to with a door made of a transparent material).

I guess this must be a relatively complex legal issue, after all...

P.S. Where did they get your email address?

[Edited at 2016-08-29 18:59 GMT]


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John Fossey  Identity Verified
Canada
Local time: 00:33
Member (2008)
French to English
Data is not protected information Aug 29, 2016

I doubt you can prevent anyone from listing basic data they have found out about you on the internet. There are protections against slander, and copyright protects you from having your creations copied, but data itself, such as your name and other information that you have made publicly available on the internet, is not protected.

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Irene Koukia  Identity Verified
United Kingdom
Local time: 07:33
Member (2008)
German to Greek
+ ...
TOPIC STARTER
Hi Mirko! Aug 29, 2016

- My email is not hard to find, since I also have a website and profiles on Social Media and translation-related sites of my choice ("choice" being the keyword).
- I am not afraid of ratings (that is not the point). I simply want to determine where my company or me are featured.
- I found out the other day that a Greek portal listed my company with wrong contact details and I asked to be removed. They called me and they agreed to delete the company profile immediately. What happened was, that I was registered on their website but they used my data for a sister-company of theirs. I never agreed to that and the removed the entry for the sister-company's website immediately.

[Edited at 2016-08-29 20:45 GMT]


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Irene Koukia  Identity Verified
United Kingdom
Local time: 07:33
Member (2008)
German to Greek
+ ...
TOPIC STARTER
Data protection Aug 29, 2016

John Fossey wrote:

I doubt you can prevent anyone from listing basic data they have found out about you on the internet. There are protections against slander, and copyright protects you from having your creations copied, but data itself, such as your name and other information that you have made publicly available on the internet, is not protected.


You might be right but it does not seem legal to create websites and use names of professionals just like that, without their permission. I don't know this company, their Terms of Use are very suspicious and they use my name in order to create traffic to their website? From what I understood, the person who posted the message through TC calls himself a "Project Manager", so I think that the ultimate goal is to rank higher and attract customers to their translation company.

Anyhow, I don't like being mentioned/featured, whatever, without my consent.

Yes, I did contact them by email (info) and via their contact form - 3 times already. No response.

[Edited at 2016-08-29 20:53 GMT]

[Edited at 2016-08-29 20:53 GMT]


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