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Sears and Kmart Busted for Using Spyware

- By - Source : Tom's Guide US

Sears and Kmart were collecting personal data via its My SHC Community program.

It's no big secret that Walmart is hurting many older retail chains such as Kmart and Sears. Both latter companies are struggling to stay afloat, trimming the fat by closing locations and restructuring current stores to look refreshed and up to speed with America's #1 retail giant. But now Sears and Kmart has come under fire for acquiring marketing data using spyware, and seems rather surprising given their need for consumer patronage.

Last week the Federal Trade Commission approved its final consent order against Sears Holding Management Company, the parent company of both Sears and Kmart. According to Ars Technica, the company must destroy all data gained from its "My SHC Community" program, and halt all incoming transmissions from the hidden spyware provided by the company currently  installed "in the wild." The program threw up a red flag as far back as early 2008, with security researchers declaring that Sears was after more than what was originally disclosed in the user agreement.

The voluntary "My SHC Community" survey collected the participant's online web browsing in exchange for $10. However, the program that participants installed collected more than just casual browsing, but rather transmitted the complete contents of a browsing session, including secure sessions. That meant Sears and Kmart collected personal data including bank accounts, credit cards, addresses, home telephone numbers and more. The installed software also collected non-Internet information about the participant's computer.

After an investigation, the FTC said that Sears disclosed its tracking intent, but did so in a confusing manner that appeared after a lengthy, multi-step registration process. "The agency charged that Sears did not "adequately disclose the scope of the tracking software's data collection," the FTC said. Sears has agreed to provide clearer disclosures, separate from any user license agreement, in future marketing programs.

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hellwig 09/14/2009 9:38 PM
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Lawsuit in 3 - 2 - ...

vxd128 09/14/2009 9:42 PM
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I can see a lawsuit stemming from this.

warmon6 09/14/2009 9:43 PM
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hellwig :
Lawsuit in 3 - 2 - ...


i have to agree with you. now were just waiting for someone to sue sears.

leafblower29 09/14/2009 9:43 PM
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lol why did they do that?

Major7up 09/14/2009 9:52 PM
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Maybe they should start selling orange jumpsuits...

superblahman123 09/14/2009 9:59 PM
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Seriously? And they thought it would be ok because they made people say it was ok? Honestly now...

anamaniac 09/14/2009 10:00 PM
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doomtomb 09/14/2009 10:04 PM
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Hate Sears

starryman 09/14/2009 10:09 PM
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Hate Sears and Kmart. Buh bye.

christop 09/14/2009 10:13 PM
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They suck anyways croooooked bitches.....

dark_lord69 09/14/2009 10:13 PM
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BOOOOOO!!

NoCaDrummer 09/14/2009 10:21 PM
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anamaniac - "...Wouldn't you?"

Uh... No.

Not unless I was looking for a boyfriend named "Bubba." (And I'm NOT!)

False_Dmitry_II 09/14/2009 10:22 PM
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I never used kmart anyways...

Regected 09/14/2009 10:28 PM
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I like Kmart better than Walmart. Friendlier staff, more open registers during busy times and a generally cleaner feeling store. Of course the prices are about 10% higher at Kmart, but you get what you pay for. It is also easier to find "Made in the USA" in Kmart than Walmart. Just who do you think is the largest exporter of US money?

tmike 09/14/2009 10:29 PM
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K-Mart is no big loss, but Sears has Craftsman and 501's. I'll confine myself to those aisles though.

purplerat 09/14/2009 10:41 PM
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Regected :
I like Kmart better than Walmart. Friendlier staff, more open registers during busy times and a generally cleaner feeling store. Of course the prices are about 10% higher at Kmart, but you get what you pay for. It is also easier to find "Made in the USA" in Kmart than Walmart. Just who do you think is the largest exporter of US money?


Not if you've ever shopped at my local Kmart/Walmart stores. I'm not by any means trying to say anything positive about Walmart, but in my experience Kmart is the absolute worst. Every aspect of Kmart is far, far worse than Walmart or any other retailer for that matter from what I've personally seen.

I don't even care about the higher prices. Since the closest Kmart is 2 miles from my house and the closest Walmart is 10 miles I would pay the extra price for the convenience. But instead I usually drive half an hour out of my way for the customer service, cleanliness and ease of shopping at Walmart - and that's not a compliment of Walmart.

Regected 09/14/2009 10:48 PM
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I guess I'm lucky to have a quality Kmart store near my house. I have 3 walmart stores just as close, and all three remind me of walking into a low rent housing complex. They even have the junkies hanging around outside begging for spare change.

jalek 09/14/2009 10:49 PM
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Next we'll hear about using credit card purchase data...
No real surprises here, though all of that data could be interesting to law enforcement and/or divorce lawyers.

Maybe they were trying to diversify their income streams. Blackmail could pay well.

redgarl 09/14/2009 11:43 PM
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Anyone ever tried to get a seller job at Sears? You are paid entirely by commission... Nothing is better than screwing the customers.

warezme 09/15/2009 12:33 PM
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You sold your cookies for $10.00...., LOL!

Burodsx 09/15/2009 1:40 AM
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I'm ready to see these stores disappear for good.

anamaniac 09/15/2009 2:42 AM
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they have flagging power in a flagging economy, so its not surprising for them to try something so desperate and absolutely retarded as spyware, any tool with norton and google can find out about spyware and report it.

False_Dmitry_II 09/15/2009 4:35 AM
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Regected :
Just who do you think is the largest exporter of US money?



I'd say it's a tie between the federal government and buying foreign oil.

Andraxxus 09/15/2009 11:54 AM
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^ Yeah it's a tie but keep it a secret. :lol:

ssddx 09/15/2009 1:47 PM
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I've worked at a sears store for five years. What many of you fail to understand is that all employees without a manager's position are actually decent people. Though, this depends on your region. The managers aren't bad either. They are just pressed by chicago.

The real problem is the upper level management. Sears intentionally went bankrupt and let kmart buy them since the two ceos were in contact. This was all to combat walmart's expansion. However, sears sticks to any one of its 3 strategies.. all of them screw customers and employees alike. We even had meetings on: How us employees who had our pay/benefits/retirement/commission cut by over half can fix the company for the management.

The problem is, we need competition for walmart. I agree that the ceos should get hit bigtime though.

rooket 09/15/2009 11:16 PM
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Well I still shop at sears on occasion but their products are very, very sub-par. I have some shirts from there that are kind of oddly fitting and ALL of their levi products are made in Mexico and Canada now (I mean, not that other stores have very many made in the USA levi products as that company has outsourced it for a while now). I just go in and buy a few things but lately usually for work. Sears is more like a thrift store these days with the types of stuff they carry.

But spyware? no big deal I mean I expected over the years that companies probably use cookies to track what I am shopping for. That really doesn't bother me at all. I mean that isn't as bad as stealing credit cards or bank account information. If they want to see how I don't buy very many things then so be it.

jamesgw001 09/16/2009 9:14 PM
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In my opinion, this is only another fine example of the corporate greed machine destroying and subverting the confidence and security of the masses of unknowing victims. I hope that the guilty parties are made an example of by being prosecuted to the fullest extent and made to pay for advanced identity protection for all that were effected for the rest of their lives. The part that concerns me is that the company that collected the info, is still doing it!