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Publishing end clients on your website...
Thread poster: Annika Neudecker
Annika Neudecker
Annika Neudecker  Identity Verified
Germany
Local time: 22:41
English to German
TOPIC STARTER
Mix up... Sep 23, 2006

Ritu Bhanot wrote:
And most of the end (i.e. direct) clients that are in the list are those who have either asked to be there or approved of it.


Hi Ritu,

Thanks for writing I think there's a mix up. I am not talking about "end clients" that are also "direct clients". I am only talking about "end clients" via agencies, i.e:

Translation agency lands job with "big name" and assigns job to translator. Translator then goes and publishes "big name" on his website, even though "big name" doesn't even know translator exists - and despite the fact that translator has signed an NDA.


Still there's one direct client for whom I've done a lot of work and it'd be really good for me to have them on the list but they told me to contact the HR department etc... so... they are not there in the list.


Well, and that's what I call ethical and good business practice. You actually ASKED your clients. I am fairly certain that my colleague didn't get the "go ahead" from the agency that gave him the "big name jobs".

If the other parties don't mind it and the translator has actually worked with the clients (easy to prove with the Invoices etc.) then I don't think there is any other issue. And of course, no translator would actually break an agreement just for publicity (and these agreements are timebound... most agreements are valid for one year after which one can actually go on to contact the end-client if one wishes).


Not if I want to continue to work for this agency. The NDA applies to *all* clients and *all* jobs. I don't think I could find a single agency that would allow me to post *their* clients on my website just because I was the translator and did a good job ....

You wrote, "if the other parties don't mind it". But that's exactly my point. The other parties (the agency and "big name company) quite probably don't know about the translator's website... and I doubt they would approve..

Best wishes,

Annika

[Edited at 2006-09-23 12:30]


 
Annika Neudecker
Annika Neudecker  Identity Verified
Germany
Local time: 22:41
English to German
TOPIC STARTER
Strict non-disclosure agreements Sep 23, 2006

Elizabeth Sánchez León wrote:

I think this is a very interesting point. I think almost all agreements say "all information regarding client, etc.".


Hi Elizabeth,

Yes, I think so, too! Most NDAs seem to say that the translator is not allowed to "reveal" any information about the client.


But I'm completely sure that publishing the name of the agency's clients ***AND*** the name of the agency is a breach of any agreement and also unethical.


I agree.

Thanks for your input

Annika


 
Serena Dorey (X)
Serena Dorey (X)
United Kingdom
Local time: 21:41
German to English
The business relationship is between you and the agency, not between you and the client Sep 23, 2006

Hi Annika,

My general understanding of confidentiality is that it refers to the content of the material that you translate, and, depending on the exact terms of the agreement, the nature of the material you translate i.e. the type of texts. Unless agreed otherwise, it does not refer to the business relationship itself, which you or the client could prove with the agreements that you have signed, invoices, POs etc. For a freelancer, this business relationship is either between the fr
... See more
Hi Annika,

My general understanding of confidentiality is that it refers to the content of the material that you translate, and, depending on the exact terms of the agreement, the nature of the material you translate i.e. the type of texts. Unless agreed otherwise, it does not refer to the business relationship itself, which you or the client could prove with the agreements that you have signed, invoices, POs etc. For a freelancer, this business relationship is either between the freelancer and an agency or the freelancer and a direct client.

Since we are discussing end clients in particular, here are my two cents: I worked as an in-house translator for an agency in Berlin that had over 600 clients, many of whom were "big names". However, whilst I can say that I worked for clients in the automotive sector or the retail sector, for example, I cannot claim that I worked for company XY simply because I did translation work for them through my employer. I was on the agency's payroll, therefore I worked for the agency, not XY.

In my opinion, a freelancer may not be on the fixed payroll of the agency, but they still work for the agency, not company XY. The business relationship is between you and the agency, not you and the agency's client. I agree that naming clients and giving testimonials is a powerful marketing tool, but to name an end client as one of your clients (giving the impression that they are a direct client) is unethical and unprofessional, unless the agency has given their consent for you to do so.

Serena
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Vito Smolej
Vito Smolej
Germany
Local time: 22:41
Member (2004)
English to Slovenian
+ ...
SITE LOCALIZER
we were not amused Sep 23, 2006

This translator listed (on his own website) all the end clients he's worked for


Having worked directly (or even worse: indirectly) for somebody does not give me the right to quote him/her/them (see ProZ' WWA for the proper way). So doing this - like listing them by their names - may be shot through your own foot: were I an agent or an end client, I would think twice before giving any orders to this kind of bright-feather birds. It would very probably be thumbs up for more discrete alternatives. And believe me, there's enough of them.

regards and sorry if this point has already been made

Vito

PS: and I subscribe fully to the opinion that going over the head of the agent is plain backstabbing.

[Edited at 2006-09-23 23:14]


 
Luca Ruella
Luca Ruella  Identity Verified
United States
Member (2005)
English to Italian
+ ...
End clients Oct 5, 2006

My two cents:

I see no harm done stating your end clients. If a translator writes: "End clients include...." he has already specified that they are not direct clients.

If I say I have worked on Microsoft, BMW or Adobe projects who am I damaging?

From the end client point of view I am just revealing that these companies translate documents, which is no big mistery.

From the agency point of view: I am not revealing the name of the agency through
... See more
My two cents:

I see no harm done stating your end clients. If a translator writes: "End clients include...." he has already specified that they are not direct clients.

If I say I have worked on Microsoft, BMW or Adobe projects who am I damaging?

From the end client point of view I am just revealing that these companies translate documents, which is no big mistery.

From the agency point of view: I am not revealing the name of the agency through which I have received the projects (one can receive big name projects through any agency). Or maybe agency xyz does not want the world to know that Microsoft translates documentation?

I have worked as a PJM in a big agency, and knowing that somebody previously completed several Microsoft projects, rather than "large IT documentation" projects was a big plus when picking a translator. It's just more transparent.
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Philippe Etienne
Philippe Etienne  Identity Verified
Spain
Local time: 22:41
Member
English to French
Real-life situation Oct 6, 2006

Luca Ruella wrote:
...
I have worked as a PJM in a big agency, and knowing that somebody previously completed several Microsoft projects, rather than "large IT documentation" projects was a big plus when picking a translator. It's just more transparent.
...


This is the point, Luca!

I do business, and stating big names MAY bring business:
I gained a agency customer 2.5 years ago ONLY because I had mentioned ***** in my proz.com profile. They wanted translators experienced in ***** for a huge ***** project, and yes, I came up in the search. Of course, I had to prove I had experience translating ***** material.

Simply put, had I not stated ***** in my profile, I would have missed about 45keuros of business to date.

As for NDAs, I only understand they are worded common sense: "Thou shalt not prospect a customer's customer", "Thou shalt do a jolly good job", "Thou shalt not make public any material the customer gave thee", etc. all merely relate to not harming the customer's business. As long as I stick to that, I feel free to advertise myself the way I wish...

Enjoy your weekend,
Philippe


 
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