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Do you know about Positive Singles’ Lawsuit?

We know that many people want to keep their information confidential especially when they are diagnosed with some kind of a disease. In this case we are talking about STDs and we know how badly people diagnosed with these diseases, especially herpes are being discriminated. People suffering from this disease are often humiliated and called names and for them their dating life is as good as dead. But with the turn of the century they also found different avenues to get back to dating life. Their preferred choice of dating is through online dating sites and one such site is Positivesingles.com. Positivesingles.com is a herpes dating site and is also known as one of the most popular ones among them.

One thing that is an absolute parameter for any such website is the fact that all the information especially personal information and pictures posted on the sites will have to remain confidential. No transfer of pictures or any information can be done here unless expressly agreed and approved by the person whose information is to be used. This is done to protect the privacy of the person and this is the standard arrangement done by any website and ever more stringently if it is a herpes dating site.

The whole lawsuit against Positivesingles.com was based on this simple fact that the information of one of the candidates on the site was posted to another site without prior permission. It was alleged that the owner of the site shared pictures and other details to another site when there was a confidential agreement in place. The verdict favoured the plaintiff and he won this class action suit which earned him 16.5 million dollars.

In order to understand the positive singles lawsuit you need to know the basics of the case. This case was registered in the year 2011 and here the claimant actually sued the parent company called Successfulmatch.com. This company was known to run a number of different websites among which positivesingles.com was one. Another business of the company was to help people set up their own website which was also a part of their affiliate scheme.

The problem with the arrangement was that they offered software and database assistance but they didn’t exactly keep a tab on the information that was taken from the website. So in effect people could have taken any detail and information from the database. All these information were of those people who were registered with Successfulmatch.com, so anyone whose profile registered with the site was vulnerable.

So when the first court papers were served to the site it was clearly stated that the website offered 100% confidentiality and advertised it in that same light. Moreover it also mentioned in their agreement that they didn’t rent or sell any information to any third party. But in reality the whole confidentiality mentioned in the agreement was a farce at it shared information with over 1000 third party sites. This was a big dent for the herpes dating site as people with this disease who thought that they found a safe haven with these websites were sent back crashing to their old and judgemental world.

Let’s look at some of the many false promises made by positivesingles.com. At first the plaintiff did agree that after the completion of the registration process he was provided with a link. It was a link which was more like an enquiry about the candidate. They had to fill out the profile details and it also asked about the kind of disease that they had, whether it was HIV or STD or something else. One thing that was weird in this form was that it was written that by accepting the terms and condition the candidates would be allowing the site to publish this data to other websites. So in a sense by accepting the terms in this form he was accepting that positivesingles.com was allowed to use his details as and when required.

The plaintiff contented that most of the candidates do not read the terms and just click on it as most of the agreement terms are similar and this was a peculiar occurrence. The lawyer of the plaintiff went on to say that his client was not aware of that the defendant here was engaged in such activities and it was a gross violation of the right. Moreover he cited an example to prove his point. He simply said that the action performed by the defendant in this instance was like if someone was putting their profiles on Jdate and seeing that somehow their profiles have come up on Christian Mingle and that too without their knowledge.

The bigger problem was that these details also included their medical condition that they mentioned in their profiles for positivesingles.com. It also opens a door for discrimination and that in turn can result in the plaintiff suffering from further humiliation. The anonymity clause undertaken by the court was to the point and hence this case was known as Doe vs. Successfulmatch.com. This is something that the sites should have done themselves. The concept of pre-populated databases was put to question and whether information of members can be circulated like this without prior information. The whole concept of anonymity was defeated by the site and their promise to make sure that 100% confidentiality was proved a farce.

Although Positivesigles.com contended the charge but the court after properly looking at the terms of agreement found a lot of discrepancies. Amidst a huge uproar from privacy activists the jury found the defendant guilty on the charges of misleading statements and proposed $ 1.5 million in compensatory damages and punitive damages in the tune of $ 15 million. The judge also upheld the judgement of the jury and to the surprise of many people there was no appeal from successfulmatch.com.

This was a big win for both the privacy activists and valuable lesson for the other herpes dating sites. Moreover now most of the websites have brought in the necessary changes in their privacy terms as no one wants another positive singles lawsuit. Reading more

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What is the positive step to get out of herpes?

 

If you have just been detected with herpes, you will see a lot of people giving you different ideas of how herpes is going to be a big problem for your dating life. But trust us on this one; this is not as difficult as it sounds. Remember one thing, it is not the end of the world and you have your life in front of you and how you deal with it is entirely your choice! The “I’m afraid that your blood work came back positive” line from the doctor is not the end for you.

But how do you deal with the whole news? We will tell you how you can make the whole process a little less difficult. How can you save and reconstruct your dating life after you are detected with herpes? Here are some do’s and don’ts that you can follow.

Do’s

  • Be honest and upfront:

There is no point in hiding your situation from prospective partners. This can only make things worse for you. It is an illness and you deal with it with maturity. Hiding it and beating about the bush will not help the situation. The singles with herpes might find it difficult to confront the situation, but this is the best deal you can get here.

  • Look for likeminded individuals:

Herpes is after all, just an infection. It does not have to dictate what happens in your life. Don’t give this disease the power to control your life. The type of companion you choose might make things easier for you and herpes dating will not be the huge impossible task anymore. It might get easy for people to judge you based on this symptom. So choose your partner carefully. He or she should be more accepting of the truth.

  • Have confidence:

Have confidence in yourself that you can come out the whole process. If you are not calm during this phase of your life, you will regret it later. Yes, these are difficult times, but only your attitude can make it easier. Add to that, your partner’s support throughout this period.

  • Maintain hygiene:

If you are a genital herpes single, make sure you are thorough with matters about your hygiene. This is especially true if you have some prospective partner in mind who is willing to accept you the way things are. Go over the daily routine carefully to ensure that you are not spreading the disease.

  • Give it time:

Remember that time is a great healer. So give it some time for you and your lover to get used to the whole new situation. Don’t rush into it; it will be of no good. Let it sink in.

Don’ts

  • Don’t engage in unprotected sex:

This can be really detrimental for your dating life. The transmission of virus can take place when you have unprotected sex. When you’re in a relationship, sex is a part of it. But you don’t want to be spreading the virus to your prospective partner who has been nothing but supportive of you during the whole time. Make sure that you always use a condom while engaging in physical activities with your partner.

  • Don’t hide it:

Once again, your partner or your prospective partner has the right to know you in and out. So if you are a victim of a disease called herpes, do not hide it from him or her. Who knows, your partner might accept you the way you are. Also, if you hide this fact from your partner, you would be engaging in unprotected sex and end up spreading the virus. A few years down the line, you might settle down with him or her; so don’t throw what you have away with this one fact.

There are some rather popular myths about herpes that need to be cleared out here:

  • No sex, no genital herpes

Don’t live under the impression that herpes is transmitted only by vaginal sex. It can even be spread by skin-to-skin contact, oral sex, anal sex or even kissing. It is difficult to know that you have herpes unless there are visible sores on your body. Using a condom is going to reduce the chances of transmission of herpes, but it does not completely get rid of it. So make sure you are careful about this and it is clear between you and your partner.

  • I can’t have a baby

This is a concern that many women have when they are detected with herpes. But the truth is, you can safely deliver your baby even if you have herpes. But make sure that you let the healthcare facility know so that they can keep track of your symptoms. Sometimes there are the formations is nodules or sores near your vaginal area. In that case, the doctor will advise you on a caesarean section so that you don’t give the virus to your baby. Otherwise, pregnancy is not hugely affected by herpes. Being open about it to your partner and doctor can prevent your baby from getting the infection.

  • Herpes is something to be ashamed of

This is probably the worst idea that you might have when you are suffering from herpes. It is nothing to be ashamed of in the society. It is not the end of the world for you; so don’t make it seem like that. A lot of people have this infection but everyone tries to go for a happy and healthy life. So you have to put in that effort as well. Unfortunately, herpes cannot be cured, but you cannot give up on it.

We understand living with herpes might be a difficult job for you. But your attitude and approach towards it can make life simpler for you. Your dating life is still alive as long as you are open about it with your partner and do not engage in unprotected sex. There are a lot of singles with herpes; you are sure to find someone like minded for yourself.

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