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Working for competing companies
Thread poster: Aya Deutsch
Tom in London
Tom in London
United Kingdom
Local time: 09:54
Member (2008)
Italian to English
Still waiting for an answer... Feb 27, 2019

How did they know you were working for another agency?

DZiW (X)
 
John Fossey
John Fossey  Identity Verified
Canada
Local time: 05:54
Member (2008)
French to English
+ ...
Cannot confirm or deny Feb 27, 2019

Aya Deutsch wrote:

I then received an email from the contact person: "It’s come to our attention that you’re working with XXX. Can I check which project you’re working on there? It is likely a conflict for us".
I replied: "I do all kinds of projects for XXX. However, none of them relates to YYYY or to ZZZ. Where do you see a possible conflict?"



I see a problem here. If I were asked such a question, I think I would reply that professional confidentiality prevents me from identifying - including to confirm or deny - what other companies I do work for, especially competitors.


Tom in London
Yolanda Broad
Dan Lucas
Sheila Wilson
Kay-Viktor Stegemann
Silke Walter
Rytis Gedvilas
 
Christopher Schröder
Christopher Schröder
United Kingdom
Member (2011)
Swedish to English
+ ...
--- Feb 27, 2019

Tom in London wrote:
How did they know you were working for another agency?

OP said she uses agency names in her advertising.

John Fossey wrote:
If I were asked such a question, I think I would reply that professional confidentiality prevents me from identifying - including to confirm or deny - what other companies I do work for, especially competitors.

Not everyone is bound by non-disclosure agreements. Saying that you work for Reputable Agency X could be a legitimate marketing strategy.


 
Tom in London
Tom in London
United Kingdom
Local time: 09:54
Member (2008)
Italian to English
thanks Feb 27, 2019

[quote]Chris S wrote:

Tom in London wrote:
How did they know you were working for another agency?

OP said she uses agency names in her advertising.

Thanks Chris - didn't notice that.

The lesson to be learned is: don't mention agency names in your advertising !


Sheila Wilson
 
John Fossey
John Fossey  Identity Verified
Canada
Local time: 05:54
Member (2008)
French to English
+ ...
Code of Ethics Feb 27, 2019

Chris S wrote:

Not everyone is bound by non-disclosure agreements.


True, but professional confidentiality goes beyond a NDA. The Code of Ethics of the American Translators Association puts it this way:

"Clients expect their information to be held in strict confidence. This includes information conveyed in a translation or during interpreting, as well as the very fact that the translation or interpreting has taken place."


Kay-Viktor Stegemann
Dan Lucas
Michele Fauble
 
DZiW (X)
DZiW (X)
Ukraine
English to Russian
+ ...
it still doesn't add Feb 27, 2019

John, in the distorted "free" translation market without marketing, there're still vague points such as:

1) If a client allowed to name him, then it's ok;
2) American [and others] jurisdictions prohibit ex post facto laws;
3) The parties should execute the contract, no reinterpretations;
4) This NDA has little to do with it for
- there're no relevant provisions and
- it was very PM who allegedly didn't see previous translation jobs.

ALL freelancers are working with biz competitors a priori


Considering they are playing dirty, I would consult a lawyer and squeeze about a grant as penalty from such white-collar rogues, naming their "funny rules" where appropriate.

[Edited at 2019-02-27 15:17 GMT]


 
Lincoln Hui
Lincoln Hui  Identity Verified
Hong Kong
Local time: 17:54
Member
Chinese to English
+ ...
So a cancellation Feb 27, 2019

Project gets cancelled, you get paid the prorated portion of what you did. Shrug and move on. The reason doesn't matter one jolt, and especially in this case the further you pursue this, the more likely you're going to end up with egg on your face.

Some industry segments are tiny and if you spend enough time in it you'll basically have dealings with just about every relevant player. I don't talk specific projects and I don't play favorites, but I don't deny that I work for multiple
... See more
Project gets cancelled, you get paid the prorated portion of what you did. Shrug and move on. The reason doesn't matter one jolt, and especially in this case the further you pursue this, the more likely you're going to end up with egg on your face.

Some industry segments are tiny and if you spend enough time in it you'll basically have dealings with just about every relevant player. I don't talk specific projects and I don't play favorites, but I don't deny that I work for multiple competing companies, and in some cases they even know which ones (WWAs are public, after all).
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Philippe Etienne
Philippe Etienne  Identity Verified
Spain
Local time: 10:54
Member
English to French
For what it's worth Feb 27, 2019

A massive global company uses a local communication agency in some local region, and this communication agency is explicitely required NOT to get ANY business from any of the global company's competitors.
For example, Peugeot would require that their communication agency never handle any local event hosted by Renault.
And since everybody talks to everybody and knows everything that happens in the event industry on a local level, there is no way you can conceal anything, besides putti
... See more
A massive global company uses a local communication agency in some local region, and this communication agency is explicitely required NOT to get ANY business from any of the global company's competitors.
For example, Peugeot would require that their communication agency never handle any local event hosted by Renault.
And since everybody talks to everybody and knows everything that happens in the event industry on a local level, there is no way you can conceal anything, besides putting your whole reputation on the line.

Up to the communication agency to accept this requirement or lose the business.

I don't know whether the agency's providers are also bound by these terms. But if you're big enough to get whatever you want, why be shy.

Philippe
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DZiW (X)
DZiW (X)
Ukraine
English to Russian
+ ...
The remedy? Feb 27, 2019

Philippe, one should tell "worked" and "works" from "working now", not to mention that (A) an agency cannot manage/limit their* freelancers as employees and (B) there was no fault with the translator for neither NDA, nor the contract was broken from her side--it was a PM's "mistake".


As for "Peugeot ... never ... Renault" remarks, just check the wikiwiki regarding buying and cooperation with many "competitors"--right since its foundation.
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Jean Lachaud
Jean Lachaud  Identity Verified
United States
Local time: 05:54
English to French
+ ...
Really? Feb 27, 2019

Aya Deutsch wrote:

b. I see advertising the companies I work for as an advantage.


Michele Fauble
 
valerie hussar
valerie hussar
Local time: 12:54
English to Russian
we all are Mar 13, 2019

freelancers, we ALL work for competing agencies - they ALL are competition to each other. We shall not be involved in their individual coalitions and\or battles. You made a mistake by answering that question, whether you work with that other agency. Business ethics dictates that we do not disclose anything about our customers to any other our customers.

 
valerie hussar
valerie hussar
Local time: 12:54
English to Russian
unethical Mar 13, 2019

Jean Lachaud wrote:


Aya Deutsch wrote:

b. I see advertising the companies I work for as an advantage.


If this information was and is open to public, you violated nothing. They DID. Law shall be on your side to protect you from bad business practices.


 
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