You use it, we are the provider, big data is legal, and trading big data is illegal.
Diao Jianjun, director of the bill crime research and Defense Department of Jinglin criminal law agency, pointed out to the daily economic news that although the camera of the sales department is open, the salesperson did not make it clear to customers that they need to collect their face information so that they can make their own choices. Obviously, the work is not in place, which infringes on the personal biological information security of customers.
Generally, data companies do not need to bear legal liability for the systems they develop, unless they know in advance that the real estate enterprises will maliciously infringe on the personal biological information security of customers, and at this time they need to bear joint tort liability with real estate enterprises.
Reporters actual exploration: a set of system tens of thousands of pieces, catching the basic return to the flying single
In fact, it is quite common to install face recognition system in Sales Department of real estate enterprises. On November 23, the reporter of daily economic news visited the Sales Department of a project in Huangpu, Guangzhou as a house watcher, and found that there were at least five face recognition cameras inside, one in each of the three entrances, and two near the sand table. The sales staff also said that there is a face recognition system, but the sales department has no public notice on face recognition.
Some buyers told reporters that they only found their face painted when they paid a deposit in a real estate project in Guangzhou last year, because other cameras were more hidden and had not paid attention to before.
Face recognition is to prevent flyovers. Li Xu (pseudonym), a senior marketing personage of South China real estate enterprises, told the daily economic news that developers mainly rely on this system to identify whether customers are natural visitors or distribution customers, so as to prevent natural visiting customers from finding channels for preferential treatment. In this way, developers need to give more channel distribution commission or commission, and the cost will increase.
The marketing director of a top 20 brand real estate enterprise also told reporters that in the past two years, large developers have begun to use this system, mainly for the needs of internal management. As long as you enter the sales office, you will make face recognition comparison, which is mainly to prevent flying orders and repeated calculation of customers visiting channels. It emphasizes that the system will not analyze and sample the collected data, but more for comparison. Each sales office has such a system. A system costs tens of thousands of yuan. If you catch a customer who flies a single order, it is basically worth the cost.
Not only that, in order to obtain customers, some intermediaries are even willing to divide the commission or commission given by developers and house buyers in proportion, which is called rebate and cash return.
However, there are different opinions on whether the intermediary belt is cheaper. Some intermediaries said that it depends on the specific channels and real estate. Most of the current transaction of the lowest discount is fixed, you go to the general, and you may eventually get this minimum discount, and the intermediary will not necessarily tell you (if you dont give the discount to the buyer as his performance). Therefore, there are also some real estate to the intermediary commission transferred to the buyer.
Lin Li (not his real name), a middle-level operator of shell, said that face recognition is for the sake of confirming customers and flying orders, mainly because there are too many distribution channels.
An internal employee of a top 40 real estate company told reporters that if buyers have been to the sales department, it is really difficult to find them to get a discount. Now the real estate is equipped with face recognition, even if it is recorded, it will be a natural visitor.
Data company: to intercept the customers in the designated area and make intelligent bidding
The above data companies have similar business with Mingyuan cloud face recognition system previously exposed by media. When the reporter asked whether it could be done when the customer visited the sales department to take a few photos and save them for comparison when signing a contract next time, the companys customer service gave a positive reply.
The customer service also gave an example, we have done this in a sales office in Huizhou before, and finally confirmed the number of visits by customers by entering the ID card information. Our products include hardware and software, including cameras, certification machines, etc. the cost of hardware depends on what products are used in the project, and the quotation of software depends on the specific requirements.
As for whether the snapshot information involves the right of privacy, the companys customer service said that you use it, we are the provider. Big data is legal, trading big data is illegal. It is not allowed to disclose customer information, can not be used for other business, can not sell information, can only be used for sales.
A person from another data company told the daily economic news that their face recognition system can accurately screen out visitors to a project or area, and realize one of the things developers most want to do - reach real buyers in the city. This system integrates Tencent and Baidu geographic location and population big data, which can accurately lock in the potential customers of offline target geographic location, and conduct comprehensive description and insight into the potential customer groups.
Speaking of the sales departments insensible face recognition, Xinxin (pseudonym) of a well-known intermediary employee in Shenzhen is still very worried. The main thing is to avoid the intermediary with the developers door-to-door customers in the past, this kind of previously on the door is not our customers.
Xinxin added, even if the client has seen Longguangs projects in other provinces, it is not my client who has registered the information.. This has left her puzzled and angry. Shenzhen is selling real estate in Longguang and Vanke. If it is normal for the intermediary to take it, there will be a little more discount. If you go there, there will be no discount. The rest is the same. We dont usually encounter this kind of project now. If we have been there, we wont bring it.
Lawyer said: unauthorized entry of face information constitutes infringement
Song Ding, deputy director of the China urban economic expert committee, believes that it is normal for businesses to install monitoring in public to avoid illegal and criminal activities. However, it is a kind of abnormal marketing behavior to input face information and transfer it into marketing channel to judge customers when they are unknown.
It also said that according to this information, developers decide to treat customers differently, which is also suspected of unfair competition, and has the suspicion of infringing on customers privacy rights. In the future, it also needs the technical intervention of relevant government departments and gives a clear definition. To stop this kind of competition with unfair tendency in time is responsible to the developers, the market and the consumers.
Zhou Zhengfeng of Guangdong Huashang law firm said that collecting consumers face biometric information by covert means without the consent of consumers is illegal collection of personal information of natural persons according to articles 1034 and 1035 of the civil code, which constitutes infringement on consumers.
The second paragraph of article 1037 of the Civil Code stipulates that if a natural person discovers that the information processor has handled his personal information in violation of the provisions of laws and administrative regulations or agreed by both parties, he has the right to request the information processor to delete his personal information in time.
That is to say, if a salesman in the sales department initially received the house, or an intermediary agency took it to see the house, it is required to purchase the house through a salesman or the intermediary company, and refuse to directly conclude a transaction with the consumer, which violates the consumers right of free choice. This is mainly because developers and various underwriters often have differences in the way of settlement, so they have to do it. But it should be noted that how developers and intermediary companies settle Commission has nothing to do with buyers.
In fact, now buyers are also aware that some wear helmets to see the house, some let relatives help see first, or directly deny that they have seen it, and then look for channels to get a few points of discount. Zhongyuan Real Estate chief analyst Zhang Dawei said.
Zhang Dawei believes that, first of all, after being photographed by the face recognition system of the sales department, it will cost hundreds of thousands more, which is controversial. The core of channel rebate is price inequality. There are also disputes about the standardization of house buyers who save the cost by illegal means.
Du Jianjun told the daily economic news that Chinas laws did not prohibit the collection and use of personal information in the field of consumption, but stressed the supervision and management of personal information processing. As a system developer, the law does not make prohibitive provisions on his behavior, and the law does not prohibit it. From this point of view, there is no problem for technology companies to develop face recognition systems.
From the perspective of real estate enterprises, the purpose of installing and using face recognition system is to judge whether the buyer belongs to the intermediary customer, so as to decide whether to give the intermediary sales commission or give the buyer corresponding discount. That is to say, the purpose of the face recognition system used by the Sales Department is to protect the interests of the real estate company, and the starting point is not malicious. It further points out that the responsibilities involved in real estate enterprises need to be treated differently. First, civil liability. Under the premise that the salesperson does not make it clear to customers that they need to collect their face information in advance, the real estate enterprises behavior is suspected of infringement and needs to bear the corresponding civil liability. Customers can claim the corresponding request according to the degree of infringement of their own face information. Second, criminal responsibility. If the real estate enterprises illegally sell or provide the personal information of citizens who profit from the face recognition system to others, if the circumstances are serious, it may constitute the crime of infringing on citizens personal information. Source: Daily Economic News Author: Zhen Sujing, Huang Wanyin, Wu ruofan, editor in charge: Wang Xiaowu_ NF
It further points out that the responsibilities involved in real estate enterprises need to be treated differently.
First, civil liability. Under the premise that the salesperson does not make it clear to customers that they need to collect their face information in advance, the real estate enterprises behavior is suspected of infringement and needs to bear the corresponding civil liability. Customers can claim the corresponding request according to the degree of infringement of their own face information.
Second, criminal responsibility. If the real estate enterprises illegally sell or provide the personal information of citizens who profit from the face recognition system to others, if the circumstances are serious, it may constitute the crime of infringing on citizens personal information.