Category Archives: Business Development Ethics

Announcing 16 New Inductees to the Sales Ethics Hall of Shame

A business scam begins with collision of circumstances. A scheming opportunist crosses paths with a person prone to deception. The extension of trust sparks ignition. As Philip Broughton wrote in his book, Mastering the Art of the Sale, “the moment of maximum trust and cooperation is when the virus of dishonesty takes hold.”

A chain reaction follows where value flows from prey to predator. And the victims are not just buyers, but just as often employees, investors, and other stakeholders. As you will see in this article, some victims recover, but for others, the damage can be permanent.

Scammers have low barriers to entry. They need to concoct a scheme and have immunity to shame. Then, they must stack information to their advantage – a skill humans cultivate early in life. Finally, they need access to vulnerable people. Voila! A scam is born. Notably, investment capital isn’t always required.

Low barriers and easy access to victims are why there is a bottomless well of candidates for the Annual Sales Ethics Hall of Shame. And lately, defanged consumer protections have added to the community. Don’t get me started.

Companies inducted into The Hall satisfy three criteria:

  1. The primary purpose of the enterprise cannot be to sell an illegal product or service, like crystal meth or human trafficking.
  2. More than one employee must be involved in unethical activity. Scams involving a single, rogue employee are not eligible.
  3. The deceit must be systemic.

In 2017, a new-old revelation emerged from the muck: a network of executives and investors enriched themselves by exploiting women. They caused or allowed unspeakable human suffering. In particular, three “superstar rainmakers,” Harvey Weinstein (The Weinstein Companies), Bill O’Reilly (Fox News), and Paul Parilla (USA Gymnastics) – sat protected in their offices drawing outsize paychecks, smugly confident their behavior was unassailable for as long as they kept their cash machines humming. They were right, until they were outed by their victims. Business ethics aren’t available in a more revolting variety.

As these transgressions were taking place, Marketing and PR departments at these companies were cranking hard to keep the sunshine pumps running full bore. Their message to consumers and investors: Everything’s rosy. Profits are up! Just keep buying! Do you think Fox’s CFO didn’t maintain a General Ledger account titled Hush Payments to Victims of Bill O’Reilly’s Predations? As Fox stroked checks to victims, the CFO, the Assistant CFO, and the Internal Auditor all knew the annual amount down to the penny. So did the General Counsel, who wrote the contracts enforcing the victims’ silence. It takes a village to contain news that might harm revenue. As taxpayers, we all paid for O’Reilly’s shenanigans. Yep – I’d call that a scam.

The 16 inductees into the Sales Ethics Hall of Shame for 2017:

  1. The Weinstein Companies: “My motto is keep the peace.”

 

    1. Fox News: The company’s accountants paid victims $13 million to settle harassment claims.
    2. USA Gymnastics: Executives knew about Dr. Nassar’s sexual abuses weeks before they reported it.

 

  1. Bronze Star LLC: Sell now, deliver . . . never. “After Hurricane Maria damaged tens of thousands of homes in Puerto Rico, a newly created Florida company won more than $30 million in federal contracts to provide emergency tarps and plastic sheeting for repairs. Bronze Star LLC never delivered those urgently needed supplies.” (Business Insider)

 

  1. Mitsubishi Materials: Fake numbers. “The company revealed [in 2017] that workers had doctored quality data to make it appear that such products as rubber gaskets and copper products met customer standards when they didn’t.” (The Wall Street Journal).

 

  1. TIAA: AKA Transparency Isn’t Always Available. “TIAA says its 855 financial advisors and consultants operate in a commission- and conflict-free environment. But ex-employees counter that it pays bonuses when sales people steer clients toward more expensive proprietary products and services.” (Barrons)

TIAA spokesman Chad Peterson described its operations as ‘highly transparent and ethical.’ But 10 former employees told the New York Times ‘that TIAA managers doled out ambitious sales quotas and instructed reps to stoke clients’ fears, including those of a retirement shortfall.’” (New York Times)

 

  1. WalMart: Timely applies to supply chains, not consumer disclosures. Wal-Mart Stores was sued [in 2017] on behalf of consumers who said the world’s largest retailer sold products falsely labeled ‘100 % Egyptian Cotton’ from an Indian textile company for many years after it first became suspicious of their origin. Wal-Mart questioned the fiber content of Welspun India Ltd’s products as early as 2008, but waited until [2017] to halt sales of its mislabeled Egyptian cotton bed linens.” (Reuters)

 

  1. Zenefits: No license? No problem! In 2017, “Zenefits confessed that some of its insurance salespeople were selling products illegally, without legitimate state licenses. [Zenefits CEO] Parker Conrad had developed a software tool that allowed insurance salespeople to cheat on an online training course that’s required to receive state certification.” (Forbes)

 

  1. TD Bank: Plagiarizing the Wells Fargo sales fraud playbook. TD Bank employees across Canada “admit they have broken the law at their customers’ expense in a desperate bid to meet sales targets and keep their jobs. Hundreds of current and former TD Bank Group employees wrote to Go Public describing a pressure cooker environment they say is ‘poisoned,’ ‘stress inducing,’ ‘insane’ and has ‘zero focus on ethics.’ Some employees admitted they broke the law, claiming they were desperate to earn points towards sales goals they have to reach every three months or risk being fired.” (CBC)

 

  1. Tanium: A software demo using another customer’s live data? Sure! Why not? “For years, cybersecurity startup Tanium Inc. pitched its software by showing it working in the network of a hospital it said was a client. That and other efforts helped the company grow quickly, notching a valuation of $3.5 billion and a big investment from Andreessen Horowitz, one of Silicon Valley’s most prominent venture firms. But Tanium never had permission to present the demos, the hospital said, meaning a company selling security actually was giving outsiders an unauthorized look at information from inside its customer’s system . . .

To drive sales, co-founder and Chief Executive Orion Hindawi designed a presentation that he said showed his company’s software running inside a client. The system in the demo belonged to El Camino Hospital, a nonprofit community hospital based in Santa Clara County, Calif. He and his staff gave the presentation hundreds of times, from at least as early as 2012 through mid-2015, according to people familiar with the matter and three demonstration videos posted online by Tanium and its resellers. ‘The hospital did not authorize desktop management data or other information to be used in any product demonstration and was not previously aware of these demonstrations or videos,’ El Camino Hospital said in a response to inquiries by The Wall Street Journal.” (Wall Street Journal)

 

  1. SunRun, Inc., and Solar City: The big number they report is the CBC – Contracts before Cancellations!

“The SEC is investigating [SunRun and Solar City] because it believes the companies are not being as transparent and forthright as they need to be in disclosing their rates of cancellations, i.e., how many buyers rescind their agreements prior to installation. The cancellation rate affects the value of the shares of the solar companies because that cancellation rate is an indication of growth potential and whether the revenue stream is subject to further fluctuations.

At SolarCity, cancellations reached 50% in 2016, just before Tesla’s acquisition.  Sunrun had a cancellation rate of 40%. Some solar-energy companies have recently disclosed in public filings and earnings calls that increasing numbers of customers are canceling, but the companies have provided few details about the number of cancellations or their impact on the companies’ business.

The door-to-door sales [for residential solar energy] have become problematic because of some of the tactics used.  For example, one customer decided against a Sunrun system and called to explain that she was not interested.  The company indicated that she already had a contract and could not cancel.  She did not recall signing a contract, but the company pointed out that she had checked a box on the sales rep’s iPad and that was the contract.  Known as fraud in factum, this is a ploy often used to get customers committed.  The customers believe they are simply checking a box for the sales rep to show that there was a demonstration.  The checked box is actually the signature for a contract.  The customer is entitled to set aside the agreement when there is fraud in factum.  The customer was so taken aback by what happened that they decided to forget about solar panels entirely.” (Cengage Learning.com, Wall Street Journal)

 

  1. Fyre Festival: A start-up specializing in separating fools from their money. “Billy McFarland sold elite millennials (and his investors) on an ultra-luxurious ‘Coachella in the Bahamas,’ but the much-ridiculed fiasco that actually took place in April derailed the 25-year-old serial entrepreneur’s checkered bid for moguldom.” (Vanity Fair)

“The endeavor has also become the focus of a criminal investigation, with federal authorities looking into possible mail, wire and securities fraud, according to a source with knowledge of the matter, who was not authorized to discuss it.” (New York Times)

 

  1. Outcome Health: Baking the numbers. Outcome Health installs video screens in doctors’ offices and offers pharmaceutical companies the opportunity to pay for advertising aimed at patients. The company accepted around $500 million from investors. In May, 2017 the company had a $5.5 billion valuation, and venture capitalist Bill Gurley tweeted that Outcome Health CEO Rishi Shah, was “the real deal.”

“Somewhat less real were aspects of some deals Outcome cut with pharmaceutical advertisers, say former employees along with several advertisers. Interviews with these people as well as internal documents and other material from Outcome reviewed by The Wall Street Journal show how some employees misled pharmaceutical companies by charging them for ad placements on more video screens than the startup had installed.

“Some Outcome employees also provided inflated data to measure how well ads performed, created documents that inaccurately verified that ads ran on certain doctors’ screens and manipulated third-party analyses showing the effectiveness of the ads, according to some of these people and documents.” (Wall Street Journal)

 

  1. Uber: Trusting the honesty of thieves.

Hackers stole the personal data of 57 million customers and drivers from Uber Technologies, Inc., a massive breach that the company concealed for more than a year. This week, the ride-hailing firm ousted its chief security officer and one of his deputies for their roles in keeping the hack under wraps, which included a $100,000 payment to the attackers. Compromised data from the October 2016 attack included names, email addresses and phone numbers of 50 million Uber riders around the world. The personal information of about 7 million drivers was accessed as well, including some 600,000 U.S. driver’s license numbers.

At the time of the incident, Uber was negotiating with U.S. regulators investigating separate claims of privacy violations. Uber now says it had a legal obligation to report the hack to regulators and to drivers whose license numbers were taken. Instead, the company paid hackers to delete the data and keep the breach quiet. Uber said it believes the information was never used but declined to disclose the identities of the attackers.

“None of this should have happened, and I will not make excuses for it,” Dara Khosrowshahi, who took over as chief executive officer in September, 2017 said in an emailed statement. “We are changing the way we do business.” (Bloomberg)

 

  1. Equifax. Profits over all!

It took six weeks after credit reporting agency Equifax found out it had been hacked for the company to notify the 143 million customers whose private data was at risk. Following what might be the worst data breach of the past decade, such a long delay is shocking — but given the lack of regulation it’s not all that surprising.

“It hasn’t helped that Equifax has handled the situation incredibly poorly. High-level executives sold off almost $2 million of the company’s stocks after finding out about the breach in late July, weeks before they went public about the hacks.  (Vox.com)

 

  1. Unroll.me. What’s mine is mine, and what’s yours is mine.

“Unroll.me, a free service to unsubscribe from email lists, can scour people’s inboxes for receipts from services like Lyft and then sell the information to companies like Uber. The data is anonymized, meaning individuals’ names are not attached to the information, and can be used as a proxy for the health of a rival.

Slice Intelligence , a data firm that uses an email management program called Unroll.me to scan people’s inboxes for information, faced an outcry [in 2017] after The New York Times reported that Uber had used Slice’s data to keep tabs on its ride-hailing rival Lyft.

After the revelation, angry users demanded that Unroll.me explain why the company had gone into their inboxes and betrayed their trust. [In 2017], Jojo Hedaya, the chief executive of Unroll.me, apologized in response to the surprised reaction to a practice that he said the company had been open about in the past.” (New York Times)

See something? Say something!

For more information, please see Whistleblower Protection in the United States. or the US Federal Trade Commission (FTC) website

And, if you have a candidate for this year’s Hall, please email your recommendations to the Sales Ethics Hall of Shame: SEHOS2018 (at) contrarydomino (dot) com.

Past inductees in the Sales Ethics Hall of Shame:

2016, 2015, 2013

Considering a Career in Sales? Find Something Different!

“Do you know what a sales interview is?” a friend of mine quipped. “It’s one person lying about the future, talking to another lying about the past.” My friend knew his joke contained truth. Newly retired from B2B sales, he wasn’t sanguine about the future of the profession. As we chatted over lunch, I added a few of my own anecdotes and observations. It was a lively talk. No need for alcohol.

Selling ain’t what it used to be. It’s possible that my friend stowed his sales bag for the last time because he was burned out. Though, at age 61, it was probably the right time to get off the bricks. The rest of that afternoon and into the next day, I thought about what he shared with me. I ruminated on the meaning of his dark joke. I considered how I might respond if a young person sought my advice about whether to pursue a sales career. The assessment that followed my introspection did not come easily, but here it is: look elsewhere. Today, there are better choices.

When I began my business career in the early 1980’s, things were different. Salespeople were respected. While most of us toiled in offices with a boss sitting nearby, salespeople had autonomy. They worked variable hours. They dressed well, and from all appearances, they lived well, too. At many companies, salespeople could expect higher-than-average income, often garnering better pay than managers. At a time when level of education predicted lifetime earnings, selling careers flamboyantly defied the calculus. A salesperson’s earning ability depended more on his or her motivation, tenacity, and street smarts than having a college degree. It still does.

At the manufacturing company where I worked my first job out of college, you could easily identify the cars that belonged to the salesmen (the company had no female sales reps): big, new, four-door, and well-appointed. A sales rep’s car did not just provide transportation, it proclaimed success. An important message for customers and coworkers to hear.

As the company’s IT Manager, I had nebulous goals. But the salesmen were measured on one thing –  revenue production. And they were paid accordingly. No mealy objectives, no ambiguity, and no boss holding sole power to dictate next year’s income. If salespeople felt anxiety about their compensation at risk, their job perks and upside income potential eased the pain. For these reasons and others, I too became drawn to a sales career.

When I was hired for my first sales job in the 1980’s, Marketing Representative was a common title for entry-level salespeople. Dale Carnegie, Zig Ziglar, and Brian Tracy were popular role models. I read their books, and listened to their tapes on the way to sales calls. Their messages brimmed with optimism, and were consistently inspiring. “Success is getting what you want . . . Happiness is wanting what you get,” Dale Carnegie wrote.

I learned that great power came from an unwavering belief in yourself. Good stuff. Today, those messages can still be heard, but they’re muted beneath the torrent of condescension and humiliation that spills unabated into my newsfeeds. Mislabeled as coaching and tips for self-improvement, today’s writing upbraids the rank-and-file. It carries titles like Salespeople – Shut up and listen!, and Salespeople Can’t Sell Anymore . General Patton would be proud.

What happened? The sales profession has lost its allure. Technological, economic, and social forces have combined to erode many of the once-valuable tasks that sales professionals provided. None have been profound than Artificial Intelligence (AI), data warehousing and distributed information systems, and investor demands to increase profits.

AI: AI has displaced thousands of repetitive, tedious sales tasks, and enables buyer self-service. Lead qualification and content fulfillment, once large drains on selling time, can now be performed better, faster, and cheaper by using algorithms.

Data Warehousing and distributed information systems: The ubiquity of customer information has allowed companies to knock down the massive walls that once surrounded the sales organization. Today, almost any employee can make rain, or generate revenue. In departments as disparate as customer support, maintenance, and route delivery and logistics, employees can take an order, recommend upgrade services, sell new products, and make other changes without referring customers to a “sales desk,” or an assigned salesperson.

Investor demands to increase profits: Spending excess has always been a popular target for the CFO’s scalpel, and sales operations contain conspicuous fat. Peeling back the covers on Sales, General & Administrative expenses reveals copious spending hiding in plain sight. Cutting high sales salaries, generous incentive pay, over-the-top benefits, Quota Club, annual golf outings, and season tickets at sports events, quickly gains approval from investors. “Think about it: If you have to ply your clients with gifts or meals to get them to do business with your firm, then your product  probably isn’t worth its price,” Andy Kessler wrote in The Wall Street Journal this month (The Expense-Account Racket, December 4, 2017).

Young people will find sales and business development careers less promising than when I started out. Some key issues:

Money. Meh. Commonly used as a recruiting tool, the promise of high income for salespeople is often illusory. A chunk of annual comp is “at risk,” which means what’s actually earned might be less than what’s projected (recall my friend’s joke at the beginning of this article).

The University of Virginia McIntire School of Commerce Destinations Report for 2017 reported average total compensation for its newly-minted grads who accepted sales and sales management jobs: $61,300. Tepid, compared to other business disciplines listed in the report. Among McIntire grads, the best coin goes to investment bankers, who were rewarded with a list-topping average annual comp of $115,000. Finance holds the #2 spot, at $90,294. (The average starting pay for 2017 undergraduates across all categories is around $50,000, according to Money magazine.)

Career path. You might think I’m mansplaining, but I’m not. There are two well-established trails:

  1. Revenue you produce meets or exceeds quota – keep your job
  2. Revenue you produce is less than quota – get fired.

If you crave living in northern reaches of the corporate org chart, the likelier route to get there goes through finance. “About 30 percent of Fortune 500 CEOs spent the first few years of their careers developing a strong foundation in finance. This is by far the most common early experience of today’s CEOs,” according to an article in Forbes.

Autonomy. Thanks to CRM software and advanced analytics, selling has become the most scrutinized, measured, and micro-managed business activity. “Drive higher quota attainment across your entire sales team by recording, transcribing, and analyzing their sales conversations,” one product website says. Some reps might welcome the assist. But I question the reasons. If a sales rep or manager needs software and spreadsheets to learn how customers perceive his or her words, or if they struggle to recognize positive things to say, maybe they’re in the wrong job. Or, maybe management simply doesn’t trust them to have adequate judgement.

Culture. A sales organization’s mission is to produce revenue, and its activities are aimed toward that goal. That’s a good thing if you don’t mind thinking about money above all else. But if you’re moved by more than how much business you will close this quarter, or the gross income figure on your W-2, that can become stultifying. Further, employers are often conflicted about sales. Sales VP’s expect reps to open accounts and build customer relationships, but they feel threatened when customers become more loyal to a sales rep than to the company. Hiring managers promise high income, but ratchet it back when they feel reps earn “too much.” It’s a power game, and companies try to maintain hegemony. As one district sales manager I worked with described it to me, “My ideal rep is a young guy with a stay-at-home wife, a mortgage, a baby, and another one on the way.” I’ve heard similar sentiment from others. A rep in a consumption trap can be controlled.

Goal conflict. Almost every sales position faces this problem, and it can be gut-wrenching to navigate. “Above all, make your number!” versus “Serve our customers!” It’s hard to keep two masters happy. But companies put their reps in a moral vise when they tie job security and pay to revenue results.

I don’t mean to imply that sales experience isn’t worth having. In fact, hands down, nothing prepares a young person better for success than gaining the rare combination of skills needed for converting prospects into buyers. This knowledge transfers to every business discipline, and provides understanding for how an enterprise achieves its central mission: acquiring – and keeping – customers.

You can’t learn any of it in a college classroom, and no other business experience provides a person anything more useful. People who have sales background understand not only that revenue doesn’t roll in on its own, they know the nitty gritty details of face-to-face selling. If you can get the opportunity to sell door-to-door, work as a sales intern, or have another sales experience, take it!  And if the work pleases you, stay with it. But keep your options open. There are other careers that are possibly more rewarding, and they can also benefit from your energy, effort, and passion.

From accounting to zoology, every career has its unique set of warts. Those that sully professional selling are no better or worse than any others. But whatever career you choose, make sure the warts that exist are warts you can live with. And as many in sales have learned, stay vigilant, because new ones grow all the time.

“Today, it is estimated there are anywhere from twenty thousand to forty thousand distinct occupations in the United States,” writes Robert Moor in his book, On Trails. “Rapid changes in technology, culture, education, politics, trade, and transportation have combined to allow people access to an array of lifestyles that was previously unthinkable. In the aggregate, this is a positive development, proof that our life’s paths are evolving to meet our varied desires. But a side effect of this shift – halting, gradual, and unevenly distributed as it may be – is that life’s options continue to abound until they overwhelm . . . Collectively we shape [life’s pathways], but individually they shape us. So we must choose our paths wisely.”

A Future Without Secrets? Why We Need Ethical Data Governance

 

Do You Want to Know a Secret? 

When the Beatles released this song in 1963, the world was different. Less frantic, and in many ways, blissfully naïve.

Listen/ Do you want to know a secret/Do you promise not to tell?, whoa oh, oh

Let me whisper in your ear/ Say the words you long to hear/ I’m in love with you!

Fifty years of social progress has obviated the need for partners to wax poetic. In 2014, Good2Go, an iPhone application, was launched to help people bypass romance and jump to a lascivious endgame. Shortly afterward, Apple kicked Good2Go off its platform, citing application guidelines that prohibit objectionable or crude content. There were few protests, because it turns out, Good2Go wasn’t a hit with customers, either. Among the comments: “Even scarier than talking about sex,” and “worse than nothing.”

No secrets, and no promises not to tell. When it was originally released, Good2Go required users to provide the name of their partner du jour, time consent was given, and each person’s state of sobriety. The ostensible purpose for creating Good2Go was to help people document encounters before things got steamy, should there be allegations of impropriety later on.

But once the data was captured, what did the company intend to do with it? I don’t know, exactly. One thing’s for certain: it wasn’t just going to sit there, un-analyzed, or un-shared.

By pressing Submit, key data about the hookup breezed into the cloud. No strings attached, just like the liaison. Good2Go offered a curt privacy disclaimer: “We may not be able to control how your personal information is treated, transferred, or used.” Paul McCartney, step aside! There’s nothing like legal fine print to stoke the fires of passion.

If you’re a control freak about your personal information, some free advice: chuck your computer and iPhone immediately, and get off the grid. Wait about 20 years. After that, there will be no secrets. Personal privacy will be quaint anachronism, and everyone will be part of a scandal. One upside: nobody will care.

Whenever we give up personal details – whether online, over the phone, or on paper – the best we can hope for is that the custodians of our data will behave ethically, and take adequate measures to conceal our information from those who might abuse it. Recently, the Equifax data hack made it clear those are dangerous assumptions. The company’s massive databases contained millions of individual social security numbers, birth dates, driver’s license numbers and credit scores, but Equifax executives didn’t give a tinker’s damn whether consumers were protected.

The company squandered opportunities to prevent outsiders from hacking into this sensitive information, allowing 143 million private records to fall into nefarious hands. “The Equifax hacks are a case study in why we need better data breach laws . . . Equifax handled a disastrous hack poorly. But the core of their behavior isn’t unusual,” read a headline on Vox, an online media website.

Breaches happen more than most people know. Your right to be informed depends on where you live. “The clamor for a standardized data breach notification requirement has become almost as quotidian as a data breach itself. Companies no longer wonder whether they will ever have to notify consumers of a breach but rather when they will do so. Incident response planning, however, is currently complicated by the existence of 47 different state breach notification laws and those of additional jurisdictions such as D.C., New York City, Puerto Rico, Guam and the Virgin Islands. The variety is no doubt confusing and increases the compliance costs for companies,” according to another article, Examining the President’s Proposed National Data Breach Notification Standard Against Existing Legislation.

That article was written in 2015, when Obama was president, and before the government stopped caring about protecting consumers. With Trump in office, don’t hold your breath waiting for this initiative. In the meantime, if you want to navigate the thicket of data breach notification laws state-by-state, click here. Please remind me who has information power: Consumers – or the companies that use their data? I keep forgetting.

Sometimes, a company has good reasons to delay disclosure about a data breach. For example, a forensic investigation might require secrecy. Or, a company might need to learn the full extent of a breach before sharing information with customers. But proving malfeasance can be difficult. Equifax hasn’t disclosed exactly why it waited weeks to inform customers about the breach, but during that time, its senior executives sold millions of dollars of Equifax stock. A company spokesperson told The Washington Post that at the time, the company’s executives had no knowledge of the breach.

“No knowledge” . . . of 143 million stolen records . . . That sounds far-fetched to me, too. The hacking and the timing of the stock sale brought Equifax CEO Richard F. Smith in front of Elizabeth Warren for a Senate hearing. He had some ‘splaining to do, and he didn’t project well in front of the cameras. In characteristic fashion, Senator Warren emasculated him the same way she did Wells Fargo CEO John Stumpf. In a company press release from September 7, after the breach was publicly disclosed, Smith said, “We pride ourselves on being a leader in managing and protecting data, and we are conducting a thorough review of our overall security operations.” I believe the second part of that sentence, but I’m calling BS on the first.

Personal privacy faces unprecedented threats. In the digital era, almost everything we do leaves a trail of recorded transactions and events that is harvested and maintained. After it’s released into the cloud, it’s hard to know who – or what – controls it. As a result, we have far less control over our data privacy than we did 30 years ago, when smaller amounts of our data were housed in cumbersome silos. But the silos came down, along with the cost of storing data. Most significantly, companies have developed sophisticated tools and algorithms to systematically exploit it. As a result, corporations and government agencies have steadily gained hegemony over our data and our privacy. Today, they control five powerful variables that profoundly affect our privacy: capture, use, retention, protection, and ownership of consumer data.

Capture: Though we might not be aware, we routinely give up a mother lode of personal details every second through our mobile phones, wearable sensors, and the IoT (Internet of Things). Even more digital exhaust gets captured and recorded through devices like Amazon’s Alexa and Google Home, which are at their core, eavesdropping devices. But for now, I’ve stopped fussing because doing so compares to peeing into the wind. Nobody wants to give up the latest digital gadgetry, and or to suffer the indignities of not having “personalized experiences.” I concede that the data capture pig has permanently left his pen. He has grown too strong to restrain, too fat to ever fit back through the gate.

From here, I’ll focus on manageable issues:

Use: Companies can – and should – be held accountable for how they use personal information. “Compliance with federal and state laws” does not absolve them from providing responsible governance and strong consumer protection.

Retention: How long should companies keep personal data? Do customers have a right to be forgotten, as the General Data Protection Regulation (GDPR) laws in Europe (pending May, 2018) will enable? What should companies disclose to consumers? And is it ethical for companies to charge customers for deleting personal information? These not-hypothetical questions were at the center of the Ashley Madison hacking case, in which the company assessed its customers a fee for expunging their personal data. Rather than deleting the data as promised, Ashley Madison simply changed the record status to “inactive,” and moved the files to a backend server. Those records were stolen in the hack, along with the active ones.

Protection: As data has increased in value, it has become a more attractive target for theft. The threats are significant and omnipresent. But regulation and corporate risk mitigation measures such as cyber-security haven’t kept pace. The nine largest consumer data hacks leading up to Equifax in 2017 illustrate the outcomes when companies are lackadaisical about data security. The direct costs are substantial, the indirect costs incalculable.

Ownership: The question of data ownership is central to preserving consumer privacy. But sometimes, provenance and ownership are difficult to track. Further, Terms of Service statements aren’t explicit, and once consumers have created data, they rarely control it. And since data can be copied, sold, and repackaged, and re-sold, custodianship and responsibilities for protecting consumer data becomes a murky issue. Yet, privacy preservation in the digital age demands clarity over this basic matter.

The road ahead. “The increased amount of and use of data calls into questions pressing issues of fairness, responsibility and accountability, and whether existing legislation is fit to safeguard against harm to an individual or group’s privacy, welfare or physical safety,” according to the Open Data Institute’s September 13, 2017 report, Ethical Data Handling. Public safety should not be taken for granted, and the benevolence of government never assumed. As I wrote in an article, The Dark Side of Online Lead Generation, companies routinely use data to exploit the most vulnerable consumers – who can also be the most profitable. 

Access to consumer information confers an obligation on an organization to

1. be transparent about ownership,

2. control how the data is used,

3. ensure the data is protected from unintended use, and

4. ensure that consumers will not be harmed.

This is a monumental order. Why would any company voluntarily sign up? Because it’s the ethical, customer-centric thing to do. But there are self-serving advantages, too: First, without adopting constraints, businesses will undermine their revenue generation efforts. Ethical data governance enables trust. Second, companies that demonstrate strong data governance will achieve competitive advantages over ones that are sloppy and uncaring.

To create good privacy outcomes for customers, executives must answer five data-governance questions:

  1. Does our use of the data reflect consumer preferences?
  2. Is our intended use for this data ethical?
  3. Is our intended use fair and respectful to our customers and prospects?
  4. Have our customers been provided any control over how their data is collected, stored, and used?
  5. Is our organization appropriately transparent about our intentions, policies, and safeguards?

The as-is state, circa October, 2017. A passage extracted from a privacy statement that just landed on my desk serves as a shiny emblem for how far we need to go with data governance:

“To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state laws. These measures include computer safeguards and secured files and buildings. We limit access to your information to those who need it to do their job.”

These strictures, if you want to call them that, offer no solace to the wary.

When a company captures or requests information from customers, they should reveal,

  1. what data is being collected
  2. the entity or company that owns the data
  3. who has access to that data
  4. specifics regarding how the data will be used
  5. existing internal measures that protect confidentiality
  6. whether the data will be shared with third parties, which ones, and for what purpose(s)
  7. the length of time that data will be retained
  8. customer rights for data erasure and/or amendment
  9. where to go within the organization for redress of consumer issues regarding data
  10. the federal, state, and local laws that govern the company’s use of that data

“Business data is everything. Protect it well,” reads a full-page ad for Carbonite, a data security company. In previous articles, I have complained about companies trivializing C-Level roles (do companies really need Chief Listening Officers?). But the tocsin that just sounded from the Equifax hack tells us that it’s past time to give Data Governance a chair in the C-Suite. (Note: the GDPR laws mandate certain companies assign a Data Protection Officer or DPO.) Should a new position be created, CDGO, Chief Data Governance Officer? I’ll make the case in a future article.

A regulated market? “A regulated national information market could allow personal information to be bought and sold, conferring on the seller the right to determine how much information is divulged,” Kenneth Laudon of New York University wrote in a 1996 article titled Markets and Privacy. He was ahead of his time. “More recently, the World Economic Forum proposed the concept of a data bank account. A person’s data, it suggested should ‘reside in an account where it would be controlled, managed, exchanged and accounted for.’ The idea seems elegant, but neither a market nor data accounts have materialized yet,” according to The Economist (Fuel of the Future, May 6, 2017).

Ethical data governance: the way forward. A white paper, Guiding Principles for the Ethical Use of Data   by Jennifer Glasgow and Sheila Colclasure, offers a clear case for corporate data governance: “As in any relationship, business or otherwise, trust needs to be earned, sustained and nurtured over time. To succeed in the long run brands, have to first be accountable. Therefore, a common understanding of what it means to act ethically with consumer data is required. Without a common set of rules or proper governance, it’s unrealistic to assume brands across a vast marketplace can meet this expectation and maintain the trust of the consumers they serve over time.”

Sounds like common sense. Why then, do so many companies choose a riskier, ethically-shaky path? Greed? Naivete? Stupidity? Lack of will? It’s hard to say, exactly.

Listen/ Do you want to know a secret/ Do you promise not to tell?

Ethical data governance will help companies fulfill this critically important consumer expectation.

Author’s note: To read the previous articles in this series about data privacy and risk, please click the links below:

In the Digital Revolution, Customers Have Nothing to Lose But Their Privacy 

Companies That Abuse Consumer Privacy Might Feel Their Fury – Again

Do Salespeople Lie More Than Other Professionals?

 

Compared to other professions, are salespeople disproportionately prone to lying? To reveal the answer, I searched online for most dishonest professions, and was rewarded with several surveys. One study conducted in 2014 listed the top 10 least honest (the number following indicates the percentage of survey respondents who believed the profession trustworthy):

Lobbyists – 6%
Members of Congress – 8%
Car salespeople – 9%
State office holders – 14%
Advertising practitioners – 14%
TV reporters – 20%
Lawyers – 20%
Newspaper reporters – 21%
Business executives – 22%
Local office holders – 23%

Go us! Of the top 10 most dishonest professions, biz-developers hold only three slots – lobbyists, car salespeople, and advertising practitioners. Still, as marketing/sales professionals, we’re over-the-top touchy about our honesty image.

Earlier this month, a writer on LinkedIn asked whether it’s acceptable for salespeople to lie. He felt that lying seems the new normal in selling, and he invited others to weigh in. Some opinions were as malleable as a steel girder:

  • “My answer is short and simple – no.”
  • “A person is either honest or a liar. The Truth is not conditional. Half-truths are lies.”
  • “Never acceptable. Persuasion is a positively reinforced message through fact and data driven decisions.”
  • “just don’t do it.”

These thoughts outline an archetype: the impeccably honest salesperson who never lies, never distorts, and never withholds facts and information. Unfortunately, that archetype represents an impossibly high bar. Try any of them out on a newbie rep. Chances are, he or she will flunk day one on the job. Same for days two and three – assuming they get that far. And experienced reps will just roll their eyes. “Get a grip, pal!”

“Just don’t do it.” If only things were that simple. For hundreds of years, the meaning of honesty has been debated by legal scholars, judged in courts, and mulled by philosophers. Honesty is difficult to define. One reason we often pad the word with adjectives: pure honesty, partial honesty, brutal honesty, radical honesty, morally honest, and mostly honest. The same for truth and lies. Few would argue that white lies aren’t acceptable, or that honest facts aren’t used for fabricating illusion.

One person’s bald-faced lie is someone else’s minor distortion. Should things be any different in selling? Is there something magical or different about sales that invites draconian edicts like these? Emphatically, no. Lying appears the “new normal” in selling because by these standards, lying is . . . pretty normal. And it’s hardly new.

The advocates of “no lying” need to abandon their idealized interpretations of truth purity because they are divorced from selling reality. A major reason is that the default rhetoric of marketing and sales tends toward certainty – especially for describing outcomes and results. We favor concrete terms like definitely, will, guaranteed, and proven. No rep wins the boss’s approval by adopting mealier – but more honest – terms like probably, possibly, could, and might. I challenge anyone to find a Chief Sales Officer willing to trade off persuasive power for a sworn commitment to tell the truth, the whole truth, and nothing but the truth.

“Never acceptable.” If marketers followed pure honesty to the letter, the first thing on the chopping block would be storytelling. I have yet to read one sales story that hasn’t been factually creative, at best. The second thing to go would be “case studies,” since they are never as objective as the name implies.

Admonishing salespeople to “never lie,” only creates dissonance and goal conflict. Managers manufacture failure by insisting their reps behave “100% honestly,” while holding a hatchet over their necks as motivation to achieve goal. Inevitably, the rep must choose. And sadly, saying “I got fired for doing the right thing for my customer” doesn’t merit an invitation for a second job interview. Sales Culture Training 101: “No matter what, make quota.” Message, received.

That’s not the only problem. When “never lie” absolutism exists, ethical risks lurk nearby. Absolutism crushes debate and discussion. And when it comes to honesty and ethical behavior toward customers, nuanced conversations are sorely needed. The problem with these LinkedIn comments is that there’s no room for interpretation.

At its most atavistic, selling is persuasion. And persuasion requires distortion. Distortion of fact, distortion of meaning, distortion of reality and urgency. Over beer, we can hold a simpatico conversation to parse the differences between distortion and lies. We can exchange information about what we allow ourselves to do and say when representing our companies, and the honesty lines we refuse to cross. We can talk about the influence of David Hume and Diogenes. One thing is certain: neither our honesty interpretations nor our ethical boundaries will be identical.

According to these absolutists, distortion and lying are equivalent. My recommendation: don’t follow their advice. If you want your customer to take action – say, for example, to buy from you and not from your competitor – you must make sure they believe that it’s fully in their interest to do so, and that ordering now is a priority. You can’t do that without tweaking reality to promote your point of view.

For salespeople, balancing honesty and persuasion means walking a hair-thin line. Same for ego and empathy. All are needed for success, but they collide and clunk against one another. “It’s a miracle anyone can do this job,” Philip Broughton wrote in his book, The Art of the Sale. No joke.

I am not a proponent of lying as a sales tactic. I am not advocating deceit and misrepresentation as a business practice. And I am not saying that anything goes as long as it results in revenue. Far from it. I am saying that marketers and salespeople should strive for honesty and high ethical standards in their professional conduct. I am also saying that to be effective, salespeople need a rational basis for ethical consideration, and “never lie” undermines that goal. We need salespeople who are strong critical thinkers, not sycophantic believers.

A personal confession: I have made sales lies. Repeatedly. Here are three:

1. “I can’t offer you a lower price.” Lie. Prices are quite easy for vendors to massage, and rarely – if ever – is it impossible to offer a lower price, as “can’t” connotes. Customers know it. Everyone knows it.

What’s more truthful? How about, 1) “it’s not convenient for me reduce my price,” or 2) “if I allow you to buy at the lower price, my profit margins will erode, and our CFO will get angry with me,” or 3) “I get higher commission selling at list price, and I need the income this quarter.”

2. “Buying my company’s product is the best use of your resources right now.” Lie. I’ve never been 100% sure when using superlatives, yet I still use them. Besides, with this lie, I have rarely had full visibility into every project a company is considering anyway. So I’m not being fully honest when making the claim.

What’s more truthful? 1) “based on my analysis of the numbers you provided me, you should probably meet your expected financial return,” 2) “My competitor’s product does pretty much the same thing, so you can’t go wrong choosing either one of us,” 3) “I understand why you want to implement my proposal now, but based on what I have seen, you’d be much better off solving [name of project that my company doesn’t provide a product for].”

3. “Our machines have highest performance rating in the industry.” Lie, by omission. But still a lie. Is highest performance rating based on MTBF (mean time between failures)? Longevity of components? Quality of output? All of these? And where was the benchmarking performed? – In house? Through an objective third-party? And there’s that superlative problem again: highest.

What’s more truthful? 1) “We have the highest performance rating in one category.” 2) “We performed the benchmarking in-house.” 3) “Our in-house test results always look better than what you will achieve in the field.”

I harbor no remorse for committing any of these. But if you’re into “never lie,” try some of the more truthful statements with your customers, and let me know the results.

I want to head off a concern right now. You might already be thinking, “These are trivial lies. They are not the kind that get anyone into trouble.” Fair point. But then I’d urge you to identify what type of lies really get your dander up. Lies like telling customers, “We have offices in 28 states,” when those “offices” are actually indirect employees working virtually from their homes? Or, my favorite, “Our software has over 48 installs,” when two-thirds of them are dormant beta accounts that have made no commitment to purchase? Smile, wink. These statements are kinda, sorta true, and because of that, they stink around the edges. I don’t like them. Mostly, I get annoyed with the CMO’s explanation, which often begins, “Well, technically . . .”

Maybe we need a new taxonomy for marketing lies. Here’s what I propose:

Class I lies: run-of-the-mill marketing fluff, flamboyant writing, and expected braggadocio. The claims prospects are already jaded to. “Four out of five dentists recommend sugarless gum for their patients who chew gum.” Or “We’re the industry leader!” There’s really no foul for broadcasting any of this stuff. If any prospect bases a purchase decision solely on such claims, well, shame on them.

Class II lies: deeper, more egregious transgressions. Stuff that generates fines, lawsuits, and bitterly negative Yelp reviews. Example: “Our brain games help users achieve full potential in every aspect of life,” which got Lumosity fined by the FTC. The FTC asserted there was no scientific proof to substantiate that claim, along with others Lumosity made.

Class III lies: I call these BHAL’s (Big Hairy Audacious Lies), because of their potential to directly and significantly influence a customer’s buying decision. Lies that obscure the true cost of procurement or operations. Lies that patently overstate the capability of a product, or promise a result that can never be delivered. The Fyre Festival debacle resulted from a series of Class III lies.

If your business objective is to instill ethics and integrity in your biz-dev organization, don’t fret over Class I lies. Just keep your eye on them to make sure they don’t become more serious. Propagating Class II and Class III lies, on the other hand, substantially increase business and stakeholder risks, and they must be carefully managed. Here are some important practices:

  1. Recognize that honesty and truth are subject to interpretation, and there’s often ambiguity in selling situations.
  2. Model ethical, honest behavior from the top echelons of the company. Executives who are not vocal proponents, or who are not rigorous about their own honest conduct cannot expect any different from employees.
  3. Encourage internal discussions among staff about what they encounter in sales and marketing situations, and how they make choices.
  4. Offer guidelines to staff when rules don’t fit. Avoid vague requests like “don’t be too salesy,” or “don’t over-promise.” Instead, ask your staff to think about what’s ethical in selling, and to always consider, “what is the right thing to do?”
  5. Don’t penalize honesty by creating conflict. It happens more than companies realize. If Wells Fargo taught us anything, it’s that a salesperson should never have to decide between being honest with customers, or keeping his or her job.
  6. Provide clarity for what’s restricted by documenting them in writing, and reviewing them routinely with your staff. The Class III lies that significantly influence customer decisions, that directly contradict product specifications or contract terms, that inflate or falsify an employee’s credentials. The restrictions should also include what can – and cannot – be said about competitors, performance benchmarking data, pricing commitments, and other financial disclosures.

P. T. Barnum, one of the greatest salespeople who ever lived, was adamantly against fraudulent selling, but he recognized the subtle nuances about honesty and lying:

“An honest man who arrests public attention will be called a “humbug,”‘ but he is not a swindler or an impostor. If, however, after attracting crowds of customers by his unique displays, a man foolishly fails to give them a full equivalent for their money, they never patronize him a second time, but they very properly denounce him as a swindler, a cheat, an impostor; they do not, however, call him a ‘humbug.’ He fails, not because he advertises his wares in an [outrageous] manner, but because, after attracting crowds of patrons, he stupidly and wickedly cheats them.”

As Broughton observed, “There is evidently a line here somewhere between humbug and deception, between Barnumesque hype and outright lies, between reading your customers to give them what they need and exploiting their weakness to your own advantage.”

I hope the “never lie” proponents figure that out.

Companies That Abuse Privacy Might Feel Consumer Fury – Again

The company Ashley Madison offers an audacious capability: extramarital affairs.  “Ashley Madison is the most famous name in infidelity and married dating,” proclaimed the company’s marketing pitch in 2015. “Have an Affair today on Ashley Madison. Thousands of cheating wives and cheating husbands signup everyday [sic] looking for an affair . . . With Our affair guarantee package we guarantee you will find the perfect affair partner.”

A great value prop for those seeking such experiences – until July of that year, when hackers broke into the company’s data files.  The thieves coined a name for themselves, The Impact Team. A modest appellation, considering the extensive collateral damage their activities produced.

Mission accomplished. The Impact Team’s cyber-haul included 25 gigabytes of profiles describing the people who signed up for Ashley Madison’s services. Many records included email addresses ending with .gov and .mil (the domain extensions for the US government and Department of Defense, respectively), which stoked curiosity, to put it mildly. Had the hackers compromised the US nuclear launch codes, there would have been less panic in Washington.

But unlike most hackers, The Impact Team was motivated by more than extracting ransom. Impact Team ostensibly wanted to preserve morality, citing that the reason for the hacking was Ashley Madison’s facilitation of marital infidelity. Another website, EstablishedMen, was also targeted. Both are owed by parent company Avid Life Media (ALM), which rebranded as Rubylife in July, 2016. “Too bad for those men, they’re cheating dirtbags [sic] and deserve no such discretion,” the hackers wrote. The Impact Team threatened to expose the identities of Ashley Madison’s customers if ALM did not shut down the websites.

There was more. The hackers complained that although ALM charged users $19 to delete personal data from the Ashley Madison website, the company did not fulfill its promise – not fully, anyway. Instead, ALM simply relocated the “deleted” records to its backend servers. “Too bad for ALM, you promised secrecy but didn’t deliver,” the hackers said. Clearly, the hackers feel that philanderers deserve honest treatment from vendors.

Despite getting caught with their cyber-drawers down, “Avid Life Media defiantly ignored the warnings and kept both sites online [Ashley Madison and EstablishedMen] after the breach, promising customers that it had increased the security of its networks. That wouldn’t matter for the customers whose data had already been taken. Any increased security would be too little too late for them. Now [those customers] face the greatest fallout from the breach: public embarrassment, the wrath of angry partners who may have been victims of their cheating, possible blackmail and potential fraud from anyone who may now use the personal data and bank card information exposed in the data dump,” according to a story in Wired Magazine published shortly after the incident (Hackers Finally Post Stolen Ashley Madison Data, August 18, 2015).

The Ashley Madison hacking was not the first incident involving a vendor that failed to adequately protect customer information from hackers. There was TJX, parent company of retailer TJ Maxx in 2003 (94 million stolen records), Sony PSN in 2011 (77 million), Target Stores in 2013 (70 million), Home Depot in 2014 (56 million), and eBay in 2014 (145 million). In fact, of The Nine Biggest Data Breaches of All Time (Huffington Post, August 20, 2015), Ashley Madison doesn’t even make the list.

But if someone maintained a list titled Most Awful, Ashley Madison would rise to the top. Ashley Madison scared the bleep out of everyone because the incident compromised not only financial information, but lifestyle preferences – the kind an individual would not likely share with friends or family. Purloined credit card numbers can be deactivated, but evidence of promiscuity and related information, well, once liberated, those horses aren’t heading back to the barn.

Should companies care about protecting personal customer information? The question is not rhetorical. By being opaque with customers about what they were doing with their sensitive data, Ashley Madison apparently didn’t care enough. Some could say they didn’t care at all. And their cyber-barriers weren’t insurmountable for the dedicated hackers on The Impact Team. Post-Ashley Madison, people began to think about their information in the IT cloud, and the associated risks to personal privacy. “Click to submit!” – software developers have made sharing personal data all too easy.

People worried about where their private information goes, where it’s stored, and who might have access to it. They began to imagine voyeurs who might crave such information, and they wondered what criminals could do with it. Consumers realized they couldn’t entrust their privacy to firewalls, encryption, secure data storage, and other jargony techno-obfuscations that marketers routinely use to sweeten their “privacy assurances.” Poignantly, Ashley Madison meant that most consumers did not need any imagination to understand the outcomes when vendors are lackadaisical about data governance.

Customer worry becomes a marketing worry. If customers can’t trust that their privacy won’t be abused, they won’t trust the many mechanisms that happen in online commerce, notably, allowing their primary information and data exhaust  to be collected, stored, and analyzed. If – when – that happens, marketers will experience a setback in solving a perennial problem: Finding the likeliest buyers. Right now, marketers depend on both to fuel their ravenous lead-generation engines, and to close transactions. With every data hacking, regulators raise their hackles, and customers become ever warier. “Hell hath no fury like a woman scorned!” The same for customers when their trust and privacy are abused.

Fury – aka The Do Not Call Registry. In the ’80’s and ’90’s marketers got increasing blowback from agonized customers who felt their privacy had been violated, a development that directly contributed to the US Federal Trade Commission establishing the Do Not Call Registry in 2003. The registry’s intention was to curtail what became a reviled business practice: marketers using telephone contact to prospect for new business. Many telemarketing calls were made to residences, and numbers-driven marketers didn’t care about customer experience, often prescribing the calls to occur at dinner time, when prospects were more likely to be home.

Telemarketing began with the advent of the telephone, according to Wikipedia. It flourished in the 1970’s, when marketers got savvier about effective tactics, which were widely shared as “best practices.” That was the beginning of its demise.

The primary customer data needed was culled from lists of residential phone numbers, and ZIP Code directories, all available to the public. For marketers, the telemarketing sales channel became stupid-easy to switch on, and – this is crucial –  wicked-hard for customers to avoid. Before caller-id and call blocking, the only choice for a customer when a telemarketer called was to not answer the phone, and wonder whether they had just missed something important. Vendors became addicted to the low costs and revenue results. For senior executives, self-regulating one’s cash cow did not have wide appeal.

Yet, Do Not Call was a bellwether in the customer fight for privacy, and it caught on like wildfire. While today, it appears that Do Not Call doesn’t have sufficient penal claws to deter vendors from flouting its provisions (my home regularly receives numerous daily phone solicitations, despite being on the registry), its symbolic message is stunning.  Today, there are 217 million numbers on the list. Since its inception, that averages to 42,465 numbers added per day for 14 years. I consider that an “opt-in” success story that should make any CMO drool with envy, albeit for the wrong reasons. The message to marketers: “Do not intrude on my privacy. Do not abuse my personal information. Because if you do, you’ll lose your privilege. Sincerely, Your Customers.”

When it comes to privacy, marketers have no scruples. None. COPPA, The Children’s Online Privacy Protection Act was enacted to prohibit the collection and use of personal data from children under 13 years old. But there’s a problem: “More than 50 percent of Google Play apps targeted at children under 13 – we examined more than 5,000 of the most popular (many of which have been downloaded millions of times) – appear to be failing to protect data,” writes Serge Egelman, research director of the Usable Security & Privacy group at the International Computer Science Institute, in a Washington Post article, We tested apps for kids. Half failed to protect their data (August 7, 2017).  For example, when parents download an app from Google’s Designed for Families section in the Google Play store, they assume data about their child (or children) remains safe. Turns out, that’s a bad assumption.

Which kid-generated data is compromised? Device serial numbers (which are often associated with location data), email addresses, and other “personally identifiable information,” according to Egelman, who wrote that his company found such data had been transmitted to third-party advertisers, and that the nature of the data meant that those companies could engage in long-term tracking of these children.Fortunately, Egelman has developed a website for parents to check the “privacy behaviors of the apps” his company has automatically tested. Just when we thought it was safe to allow our children to stay inside and play on the computer . . .

Personal privacy: why ongoing consumer trust isn’t assured. “Today your data can be of four kinds: data you share with everyone, data you share with friends and coworkers, data you share with various companies (wittingly or not), and data you don’t share,” writes Pedro Domingos in his book, The Master Algorithm. As consumers, we’re betting that as companies like Facebook, Amazon, and others gain more data, their learning algorithms improve, returning more value to us. But Domingos says that the “problem is that Facebook is also free to do things with the data and the models that are not in your interest, and you have no way to stop it.”

“When we say we’ll protect your data, you must believe us! . . or not.” Today’s marketers extoll privacy in their customer messaging. After all, they smell money. “Onavo Protect for Android helps you take charge of how you use mobile data and protect your personal info. Get smart notifications when your apps use lots of data and secure your personal details,” the copy on Onavo’s website assures us. But Facebook, which spent $150 million to acquire Onavo four years ago, hasn’t been fully transparent what it does with the data. One thing is certain: Facebook didn’t plunk down $150 million because they fancied the name Onavo. “Facebook is able to glean detailed insights about what consumers are doing when they are not using the social network’s family of apps, which includes Facebook, Messenger, WhatsApp and Instagram,” according to an article in The Washington Post, Facebook’s Affinity for Copying Seen as Stifling Innovation (August 11, 2017) . How private is the data? Will Facebook use it for benign purposes? Will customers experience harm? I don’t know, and the answers aren’t provided in corporate fine print and written disclaimers.

In another example, this year Princess Cruises announced its Ocean Medallion bracelet that promises passengers a unique personalized travel experience:

“It’s cruise planner meets concierge — a guide that you can access everywhere — on touchscreens throughout the ship, your stateroom TV and your own mobile devices. Ocean Compass helps you navigate your ship and your cruise, like streamlining the boarding process, personalized shore excursions invitations, ordering your favorite drink and more . . . Upload your documentation and set your preferences ahead of time so you can swiftly walk on board and communicate everything your ship needs to know about you.”

And:

“Customize your personal Ocean Tagalong™ by body shape, color, pattern and marks (like tattoos) to best reflect your “alter ego”. This responsive digital companion follows you from initial registration to the end of your cruise (as well as rejoin you on future cruises). You’ll find it online within your profile, during interactive PlayOcean games like Tagalong Sprint, as well as through Ocean Portals found onboard Medallion Class ships. Tagalongs even evolve throughout the cruise, reflecting your unique personality and interactions, and will collect ‘charms’ that show off your achievements.”

To me, Ocean Medallion is a marketing name for sophisticated surveillance technology, and there’s “Ewwwwwwwwww!” by the bucket load throughout this cheery write up. Clearly, I’m not the type of customer Princess wants to reach, and I’m sure they’ve heard similar sentiments from others. They’re looking for a much different prospect. One who absolutely, positively cannot stand to separate from technology. Not even for a minute. I can distill Princess’s prose into a single sentence: “We know much about you even before you begin your vacation, and we track you from the time you come aboard, until the time you disembark.”

Where does Ocean Mediallion’s digital information go, who sees it, who uses it, and for what purposes? That’s not spelled out anywhere I looked on the company’s website, though I have little doubt that they have PhD data scientists who know. And it’s not reassuring that Carnival hasn’t updated their privacy policy since December 5, 2014, according to its privacy policy page. Just finding that out required a circuitous content journey. Good thing I liked the photos.

In today’s digital era, batches of delicate personal customer information are produced, captured, selected, sub-selected, curated, sorted, stored, compiled, combined, listed, cut, “value-added,” repackaged, warehoused, transmitted, sold, and shared, like rail cars of soybeans. Your data, e-shot, helter-skelter to the world! A massive logistics system operating in subterfuge, trafficking the data minutia of a human being’s existence, one individual at a time. Without industry self-enforcement, strong governance policies, and legal restrictions, tell me there’s not another Ashley Madison-type wreck about to happen, or already underway.

There’s an entrepreneurial opportunity here, in case anyone wants to step in. Pedro Domingos suggested one in how he envisions a new business model for privacy protection:

“The kind of company I’m envisaging would do several things in return for a subscription fee. It would anonymize your online interactions, routing them through its servers and aggregating them with its other users’. It would store all the data from your life in one place – down to hour 24/7 Google Glass video stream, if you ever get one. It would learn a complete model of you and your world and continually update it. And it would use the model on your behalf, always doing exactly what you would, to the best of the model’s ability. The company’s basic commitment to you is that your data and your model will never be used against your interests. Such a guarantee can never be foolproof – you yourself are not guaranteed to never do anything against your interests, after all. But the company’s life would depend on it as much as a bank’s depends on the guarantee that it won’t lose your money, so you should be able to trust it as much as you would trust your bank.”

I wonder whether a company can honestly commit to never acting against a customer’s interests, when those interests inevitably change. Still, I like his entrepreneurial vision.  In the meantime, Domingos asks, “Who should you share your data with? That’s perhaps the most important question of the twenty-first century.”

Author’s note: This article is the second in a series about consumer privacy. You can read the first article, In the Digital Revolution, Customers Have Nothing to Lose But Their Privacy by clicking here. In an upcoming article, I’ll outline important keys for corporate data governance.