Template Complaint Letter to Data Protection Commissioner about CityDeal.ie (Groupon)

Dear Sir,

I write further to the failure of Groupon-CityDeal (Ireland) Limited having their registered office at The Black Church, Mary Street, Dublin 7 to remove me from their electronic database following repeated requests.

I have twice clicked the link at the bottom of Citydeals emails asking to be unsubscribed from their mailing list. For the avoidance of any doubt as to my intentions I sent this message on the 10th January 2012 to the support link found in paragraph 8 on the Privacy Page of Citydeal.ie http://www.groupon.ie/data_privacy

“Please unsubscribe me from any and all emails lists

In addition, please erase all information you store regarding me with the exception of this email.

Please confirm to me when this has occurred.

Yours faithfully
Simon McGarr”

This message was later returned as undelivered as the link given on the data policy page is incorrect.

I then sent the following message to support@citydeal.ie

“Data Protection S.5 Request

Dear Sirs,

Please unsubscribe me from any and all email addresses.

In addition, please erase all information you store regarding me with the exception of this email.

Please confirm to me when this has occurred.

Please also note the link to email support contained within your Privacy Statement is broken.

Yours faithfully

Simon McGarr”

I did not receive any confirmation from the company, or any response at all to my request.

What I did receive, at 10:51am on 12th January 2012, was a further unwanted marketing email offering me discounted fairy lights.

This was followed by another unwanted marketing email at 5.28pm enquiring why I had not taken the company up on an offer of “Premium” membership.

I contacted Groupon’s Twitter customer account to complain about these matters. Their response was to ask I contact a UK registered company MyCityDeal Limited (t/a Groupon UK).

Please can you take such steps as are necessary to ensure that my requests under the Data Protection Acts are responded to correctly by the Irish registered company processing Irish information under Irish laws?

Yours faithfully,

Simon McGarr

 

 

 

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National Digital Research Centre: Making Investments or “Investments”?

It’s taken me a while, but I wanted to give my thoughts on the NDRC’s response to my previous post regarding the level of Return on Investment the state seemed to be getting on its investments with public money made though the agency.

I’ll quote most of the NDRC’s response and then reply to each bit. Like one of those ancient Greek discussions but without all the wine.

You’re right; the ‘1.2x return on investment’ deserves a bit of explanation, and so we will prepare a more detailed statement to publish on our website. I’ll also provide some detail here which I hope makes clear our ‘return on investment’ figure.

Great! Clarity is excellent.

NDRC’s 1.2x return refers to the amount of commercial, return-seeking investment in the outputs of NDRC projects compared with the NDRC input investment in those collaborative translational research projects.

Does this mean that the NDRC “investment” isn’t seeking a return for the NDRC? In contrast to the commercial, return-seeking sort of investment? When you put money into a company or business project but don’t expect or seek any form of return, is that still called an investment? I think the cause of clarity would be better served by referring to that money as a ‘grant’.

Of the projects that have reached completion by August this year, committed commercial follow-on investment was 1.2x the amount that NDRC invested into those projects (this figure includes attrition costs – costs incurred by those projects we have stopped early where we have identified that they will not accrue a return on investment).

So the 1.2x Return on Investment, cited in the Annual Report for 2010 doesn’t measure the NDRC’s return on its investment at all. In fact, it doesn’t seem to measure Return on Investment by any known standard. Instead it just seems to be intended to reassure us that the NDRC hasn’t been backing complete no-hopers with public funds. For every €1 of public money put into these companies, some private investor has committed (though not necessarily, actually handed over) €1.20 to the same companies. Of course, even those private companies haven’t necessarily seen a return on their investments yet, but at least they presumably have taken some equity or other shareholding or lien in these projects that will ensure that they can do so when the happy day of going to market comes.

Unless that figure includes loans from financial institutions. Which could fall within the definition of “commercial follow-on investment” if the NDRC were to be very elastic in its use of words. But that seems unlikely, as it would be more than a little misleading.

The 2.6x return that you quote is a return on commercial, return-seeking angel investment for commercial investments made, which is a different type of investing to that which NDRC is making.

Fair enough. I am far, far away from my areas of expertise here. I know nothing of the terminology for the different classes of investors in technology businesses. From what I’ve been able to make out from an utterly superficial amount of Googling, angel investors are usually the second layer of investors after the FFF grouping. FFF here standing for “Family, Friends and Fools”. State involvement at this early stage is an admirable move to bridge a possible funding gap. But, unlike the usual Family, Friends and Fools, the public money doesn’t appear to lead to any equity or shareholding. And certainly, FFFs, when you meet them over the Christmas Dinner table, would be dissatisfied with being told how much other people had put into your company as an alternative to getting their money back and then some.

Even Aunty Doris would expect some return on her investment. If it was an investment, and not a gift.

We are committed to using the term ‘investment’ to describe financial support we make into projects because we expect projects to be focused on making a return from the outset, unlike other pure research funders.

That’s great! Projects intended to make money ought to make money. Who could disagree? But giving money still isn’t an ‘investment’ unless something is coming back to the investor, sometime. That doesn’t change regardless of how committed the organisation is to the misuse of words. What you get back depends on what you received in return for your investment. But, as far as I can see from the NDRC’s CRO-filed financial statement, they haven’t booked any assets in exchange for their grants.

While the overall goal of NDRC is to create market capital, follow-on investment from third-party commercial sources is the immediate return sought by NDRC investments.

Eh, ok.

It is this follow-on investment that the State/Economy gets in the short terms in return for the investments NDRC is making with the taxpayer funds. This follow-on investment goes towards building sustainable businesses and creating sustainable jobs.

That is all a reasonable position for a grant-agency (particularly one involved in unusually early-stage grants) to take. After all, if successful, the state will benefit from high technology companies which might otherwise not have come into being. And the description from the NDRC up to this of the form of return they expect from their money is largely consistant with the return being in the nature of a better national economy rather than actual cash money flowing back to their coffers.

But, and my excuses if this sounds familiar from earlier comment, if that is the case why the qualification that this is just the sort of thing we can expect in the short term? What could change in the longer term?

We are only 3 years from our initial investments into projects. It will take quite a few years to realise an income returning exit which explains why there is no income return recognised in our accounts. As a young organisation follow on investment into technologies and ventures is an important indicator for us, and goes further than simply stating number of companies forms/ number of technologies patented.

Emphasis added.

I’m sorry, but I find this inexplicable. Either there are actual investments being made- which is what a reference to “an income returning exit” would have suggested to me- or there are non-recoverable grants being handed out for the good of the nation’s economic future. Either could be a perfectly legitimate use of public funds.

But what are we to make of a financial statement which shows no shareholdings? And how does it jib with talk of income returning exits? And if we are expecting a return but it hasn’t appeared yet, would citing a figure in the meantime in the organisations’s Annual Report of 1.2x as a current Return on Investment not be rather misleading?

My final point: I am not an accountant. I am not even numerate in any meaningful way. It is possible I have simply misread or misunderstood the NDRC’s Financial Statement. Please let me know if you can see something I’ve missed.

UPDATE: I asked Dr. Neale from the NDRC a question on Thursday last by email : “What shareholding, lien or other instrument does the NDRC hold in the companies it has given money to which would generate such a potential return?”

Dr. Neale expects to be able to get back to me some time this week with a reply, work permitting, which is very responsive of her.

In the meantime, I noticed that Mr. Gary Leyden of the NDRC’s LaunchPad programme gave an interview to The New Tech Post in April of 2011 setting out the relationship between the NDRC and the companies it gives money to.

The initial investment and any prize money awarded “is actually an investment in the company”, but Gary stresses that the NDRC does not claim any intellectual property rights from LaunchPad participants. “We just become a shareholder in their company. It’s a very clean, straightforward arrangement”.

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Old Timey News: Phil Hogan’s Assurances

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Old Timey News: Page One Scoop!

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2011: The Year in Mischief

used under cc, by justinsomnia

Ireland is a staggeringly conservative and conformist society. Conventional wisdom riddles every conversation be it private or broadcast, in print or in the home. Consequently, the impulse to cause mischief should be welcomed as a healthy corrective to stagnation and the denial of reality. Not every mischievous act is admirable, but mischief is, on balance, a force for good. Here then are the top pieces of mischief from 2011, as suggested by my Twitter followers.

  1. Tweet during Presidential Debate which was put to Sean JOBS! Gallagher and caused him to mention envelopes. Was always going to top the poll, unlike the candidate. (per @faduda and everyone)
  2. Gavin Sheridan’s victory in having NAMA declared a public authority and therefore amenable to requests for Information under EU law. The most secretive of creatures meets the most remorseless. (per @ElaineEdwards)
  3. Throwing FF out of their traditional big meeting room because they didn’t have the numbers after the election to justify it. Somebody just got a burst of mischief and ran with it. It was sweet. (per @Oireachtas_RX)
  4. Occupying Dame Street. Setting up and manning a shanty town at the foot of the Central Bank is a very useful reminder to the weekly visitors from abroad that there are limits to what can be imposed on a society. And it looks pleasingly homespun. (per me)
  5. Hacking the FG database after FG denied they had any potential security problems with their data system. (per @Daraghobrien who was the person who first warned they were at risk)
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This Is All News Between Christmas And New Year

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Take back your life and own your own words

Here’s a New Year’s resolution suggestion for you.

By all means keep using facebook, twitter and google+ to chat with people, meet new ones and keep up with old friends. But for goodness sake, when you have something real to say- something that needs more than 140 characters- don’t stick it on a site owned by someone else.

Just go and buy yourself a little corner of the internet and put your words there. It isn’t expensive and, provided you don’t try to fancy things up too much, it isn’t hard to keep it going. I used Blacknight, who are good and based in Ireland, for hosting and I bought my domain name from them too. You use whoever you like.

The thing is, you see, I don’t think the internet is going to be uninvented any time soon, but various companies come and go. If you’ve been salting your words away on, say, Google+, ask yourself what you’ll do if and when that flops and goes the way of Google Buzz. And that’s Google. Who at least are richer than Croesus. I use Tumblr to host my Nesbit’s Children blog- but it is my fond dream that its final form wouldn’t be online, so I also have a copy of it in Scrivener along with additional links and background material. If and when Tumblr winks out of existence, I’ll have a copy of everything ready to repost.

I say if and when a company or service winks out of existence, but really, given the endless waves of innovation and destruction that characterises the technology sector, I ought to just say when. More than once this year I’ve been struck by how handy it is to have a single site to search for all my old posts and articles. I’ve been able to send out links which are close to ten years old, confident that as long as Tuppenceworth.ie is up, my words will be available on the same URL. As time goes on, I am increasingly aware of how important that becomes.

So, I think you ought to value yourself and your thoughts. They are, in part, the story of your own life. Buy some space for the price of a Starbucks gut-stretcher beverage a month, take back your life and own your own words.

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National Digital Research Centre responds to my post on ROI

The NDRC have been admirably responsive to the issues I’ve raised in my post.

Amy Neale of the NDRC has been good enough to come back to me with a graciously worded response to my self-admitted numeracy-challenged efforts to make sense of the Return on Investment for the public money invested by the Centre.

Dear Simon,

I am responding by email where there is no constraint on character count to ensure we are able to cover appropriately the points you have raised. You’re right; the ‘1.2x return on investment’ deserves a bit of explanation, and so we will prepare a more detailed statement to publish on our website. I’ll also provide some detail here which I hope makes clear our ‘return on investment’ figure.

NDRC’s 1.2x return refers to the amount of commercial, return-seeking investment in the outputs of NDRC projects compared with the NDRC input investment in those collaborative translational research projects. Of the projects that have reached completion by August this year, committed commercial follow-on investment was 1.2x the amount that NDRC invested into those projects (this figure includes attrition costs – costs incurred by those projects we have stopped early where we have identified that they will not accrue a return on investment).

The 2.6x return that you quote is a return on commercial, return-seeking angel investment for commercial investments made, which is a different type of investing to that which NDRC is making.

Angels tend to make less risky investments by choosing later stage technologies, or companies that have been operating for a period of time. NDRC is focusing at the hazardous earlier stage for new technologies and products, with a focus on bridging an internationally recognised gap that exists between investment into research and marketable products. We are focused on building this as a capability for Ireland, in order to translate publicly funded research investment into direct economic impact.

We are committed to using the term ‘investment’ to describe financial support we make into projects because we expect projects to be focused on making a return from the outset, unlike other pure research funders.

While the overall goal of NDRC is to create market capital, follow-on investment from third party commercial sources is the immediate return sought by NDRC investments. It is this follow-on investment that the State/Economy gets in the short terms in return for the investments NDRC is making with the taxpayer funds. This follow-on investment goes towards building sustainable businesses and creating sustainable jobs.

We are only 3 years from our initial investments into projects. It will take quite a few years to realise an income returning exit which explains why there is no income return recognised in our accounts. As a young organisation follow on investment into technologies and ventures is an important indicator for us, and goes further than simply stating number of companies forms/ number of technologies patented.

As a final point of clarification, we work with third level institutions across Ireland, not just Dublin.

I do hope this clarifies some of the questions you raised in your twitter feed, and also addresses the difference between the angel investment research you quoted in your blog piece and NDRC’s investment focus.

With best wishes
Amy Neale

I’d like to thank Dr. Neale for taking the time to respond to the issues I raised. I will probably have to think on her email for a little bit before I can fully digest it. Let me know what you think in the comments.

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Researching ROI at the National Digital Research Centre

I recently found myself rummaging in the online records of the National Digital Research centre. This body is a workplace neighbour of mine, and describes itself like so;

NDRC is an independent enterprise dedicated to accelerating research from idea to income.

Which description left me nearly none the wiser. Was this a State quango? It says it is Independent, but independent of what? It says it is an enterprise. Does that mean it is being run for profit?

The answers to these questions seem to be, Yes, Unknowable and In Theory, respectively.

It is a joint effort by Dublin’s universities to commercialise their research, with money supplied by the Dept of Communications.

This is a good idea.

What is peculiar is that (as Antoin O’Lachtnain mentioned on Twitter) the Annual Report 2011 for the NDRC don’t include a balance sheet. The return on investment in 2010 is cited, in a single pull out box not referred to in the text, as “1.2x”.

Now, I’m barely numerate. This puts me in the front rank of most solicitors. But that figure seemed a bit light. But what do I know? I thought I’d check what normal looked like in the world of early stage investment- also termed Angel Investing (unless I have that wrong. Please let me know if I have.)

Poking Google, it disgorges information from the University of New Hampshire’s Centre for Venture Research on angel investors in tech businesses.

In what is described hereas a “rather modest ROI perspective” the typical technology Angel Investor reportedly expects seven-in-seven. Or, in other words

They require seven times their investment over an expected holding period of seven years…

The NDRC hasn’t been running that long. But there are also figures for returns based on earlier exists. Successful angel investors, after 3.5 years produced 2.6 their invested capital.

There is no reason why the NDRC, with the potential resources of Dublin’s entire academic community, shouldn’t expect to be successful generating good returns on public money.

But, as far as I can see, at “1.2x” citizens are not getting the return on their investments they might have expected.

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Why Budget Coverage Is Bad News

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The past few years have seen the budget loom up out of the news calendar, casting its shadow over the news weeks before it actually arrives.

It occurred to me that these acres of newsprint can be explained by two regrettable journalistic impulses.

Firstly, there is the misery porn. This “isn’t it awful” school of reporting basically panders to the sucky-faced old lady in its readers, urgently relaying all the worst rumours and mutters to its readers.

This is regrettable, as I say, but demonstrates only a wallowing in human weakness.

More serious is the impulse that prompts the sheer volume of coverage. The Budget is beloved by institutional journalism because it conforms precisely to institutional journalists’ expected form of a news story.

It is issued by the Government and is all about money. This appeals to their need to have Serious stories given to them by Serious people.

Budget details are all revealed in one day. Before it, things were not officially known, after it they are. Thus it meets the formal definition of News.

The Budget is filled with facts and figures. These can all be reported, recombined and repeated without fear of contradiction. This means they are True.

The Budget is, basically, the nation’s largest Press Release. It is beloved of institutional journalists because it arrives, pre-digested and pre-written, as A Story.

The reason this is more serious than the misery porn aspect is that the Budget is exactly what news is not. And the reporting on it in endless sterile permutations just reveals that our institutions of journalism are much happier doing something else. They much prefer to be institutions of stenography.

And that, more than any one budget, no matter how harsh, is bad news for citizens.

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