May 25, 2018 - Comments Off on Singing the General Data Protection Regulation (GDPR) Blues

Singing the General Data Protection Regulation (GDPR) Blues

Everyone's been inundated with emails from websites you subscribe to this week. We decided to do a little research about GDPR and managed to find a few things that are worth exploring and noting when modifying your individual privacy statements.

The Mechanism suggests that you reach out to your internal legal teams to revise your Privacy Policy to address the EU’s new General Data Protection (GDPR). We’ve reviewed how some other companies have revised their Privacy Policies and have found a few notable changes that would be worth discussing with your legal team in their plan to revise your individual policies.

A reminder that The Mechanism LLC is not a legal firm or legal entity and our brief research into this subject is intended to help you begin your conversations with your internal legal representatives. Your "legal-eagles" will have significantly more useful and appropriate information as legal experts than we could ever provide. We make no legal assurances for any information supplied, as we have performed research as you or your team would online, and have attempted to supply our findings as a service to you.

Three notable alterations we’ve identified with regard to GDPR changes in some of the websites we visit (achieved through downloading and directly comparing pre-May 25th privacy policies vs. post-May 25th, 2018) are related to:

Legal basis for processing Personal Data

We found this paragraph on a website we frequent added post May 25th, 2018. Note that the change outlined below from pre-May 25th vs post-May 25th:

pre-May 25th, 2018

We use the information we collect about you to:
Establish your account and provide the Services;
Fulfill your requests and provide customized content to you;
Communicate with you through email, notices posted on the website, and other means available through the Services.
Create, tailor, deliver and study the effectiveness of advertising and promotional material both on and off of the Services, as well as for analytics (including as described in the Online Analytics, Advertising and Do-Not-Track section below);
Improve the Services and to research and develop innovative features and new services;
Provide feedback to third party businesses that are listed on the Services; and
Investigate, prevent, or take action regarding unlawful or harmful activities, including potential threats to the physical safety of a person, potential fraud, and violations of our Terms of Service.
Please note that we may anonymize and/or de-identify information collected through the Services or via other means so that the information no longer relates to you. Where we have appropriately anonymized and/or de-identified information so that it no longer identifies you personally, our use and disclosure of such information is not subject to this Privacy Policy, and may be used and disclosed to others without restriction.

Revised post-May 25th, 2018 (note new copy added in front of the content above)

What legal basis do we rely on to process your Personal data?
Consent - When you receive our promotional material, you consent that your Personal data will be processed by us and we rely on this consent. You have the right to withdraw consent at any time. We will stop to process data after consent is withdrawn, where consent is the only legal basis for processing.
When you fulfill a contract – We will process your Personal data when you take steps to enter into a contract with us such as sign up for a free trial, use or purchase our service or products and for the performance of contract that you have entered with us.
Legitimate Interest – We process your data when it is in our legitimate interests to do this and when these interests are not overridden by your data protection rights.
Legal obligation - We may process your Personal data to comply with our legal and regulatory obligations such as preventing, investigating and detecting crime, fraud or anti-social behaviour and prosecuting offenders, including working with law enforcement agencies. Your data may be processed in order to satisfy the applicable law or enforceable governmental request.

We use the information we collect about you to:
Establish your account and provide the Services;
Fulfill your requests and provide customized content to you;
Communicate with you through email, notices posted on the website, and other means available through the Services.
Create, tailor, deliver and study the effectiveness of advertising and promotional material both on and off of the Services, as well as for analytics (including as described in the Online Analytics, Advertising and Do-Not-Track section below);
Improve the Services and to research and develop innovative features and new services;
Provide feedback to third party businesses that are listed on the Services; and
Investigate, prevent, or take action regarding unlawful or harmful activities, including potential threats to the physical safety of a person, potential fraud, and violations of our Terms of Service.
Please note that we may anonymize and/or de-identify information collected through the Services or via other means so that the information no longer relates to you. Where we have appropriately anonymized and/or de-identified information so that it no longer identifies you personally, our use and disclosure of such information is not subject to this Privacy Policy, and may be used and disclosed to others without restriction.

Retention of Data

We found this paragraph altered (on a website we frequent) post-May 25th, 2018:

pre-May 25th, 2018

We keep your information for as long as your account is active or as needed. For example, we may keep certain information even after you close your account if it is necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse, enforce our agreements or as part of our Website data backup process. We may keep your data in a published or unpublished format on the Services or in backups of the Website.

post-May 25th, 2018

Data Retention
We retain your information as long as your account is active or as needed to provide you services or because we have an ongoing legitimate business need to do so. We also retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. We store your information as long as is necessary for the purpose for which we have collected it. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if it is possible (e.g. your personal information is stored for backup archives) then will securely store your personal information and isolate if from any further processing until the deletion/erasure is possible.

Rights identified with regard to your internal Data Controllers

We found this content added (to a website we frequent) post-May 25th, 2018:

Your Rights within the EU
Whenever you use our services from within the EU the following rights apply to your user account:
The right to be informed, The right of access, The right to rectification, The right to erasure, The right to restrict processing, The right to data portability, The right to object and rights in relation to automated decision making and profiling.
If you wish to exercise any of the above rights, please contact us using the contact details set out below. For the protection of your privacy and security, our Data protection team shall take every reasonable step to ensure that your identity is verified before granting access, or rectification, or deletion.
Note the Controller of data
If you live in the EU, the Controller of your data is (your company) with its principal place of business at (address).

Also, please note the following links we found that may also be helpful:

And finally, in the spirit of all the legal-eagles* out there, here's our own for you to ponder as you complete this post:
*This information is being provided as a suggestion from The Mechanism to initiate a conversation with your internal or external legal team, and not as a prescriptive solution to modifying your individual Privacy Policies. Your use of the information contained within this document signifies your complete understanding and compliance with this statement.

Good luck with your own Privacy Statements and your research. The mighty Internet continually evovles to protect It's users, and for that we applaud It.

Published by: davefletcher in The Programming Mechanism, The Reading Mechanism
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April 3, 2018 - Comments Off on The Mechanism featured again as a top Digital Agency in NYC for 2018

The Mechanism featured again as a top Digital Agency in NYC for 2018

We did it again! The Mechanism was highlighted as a top New York City Agency of 2018 by Clutch. Last week, Clutch published their NYC press release that evaluated the top companies in the digital agency, IT, Marketing, and Development space. We are happy to announce that The Mechanism was showcased in the 11th spot (out of over 400 firms) on their list of top digital strategy companies in New York!

When discussing the companies featured in this report, Clutch Business Analyst Alaina Stevenson said, “The marketing and IT spaces are changing, and what we saw in these companies is an ability to stay updated on emerging technologies and continually please their clients…These companies are exceptional at providing quality deliverables and services.”

Companies are evaluated on their ability to deliver quality services, past and current clients and projects, as well as verified client reference reviews featured on their Clutch profile.

The Mechanism's Founder and Design Executive Officer, Dave Fletcher added, "It's fantastic to be featured for a third year in a row on Clutch as a top Digital Agency. The icing on the cake is seeing so many other great colleagues and friends in the digital space being featured as well. I'm thrilled for their accomplishments and successes as well as ours."

Published by: davefletcher in The Working Mechanism
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August 8, 2017 - Comments Off on Dave Fletcher is featured in The Silicon Review as a Silicon 100 Recipient for 2017

Dave Fletcher is featured in The Silicon Review as a Silicon 100 Recipient for 2017

Photo ©Annabel Clark


The Mechanism's Founder and Design Executive Officer, Dave Fletcher is an awardee of the Silicon 100 for 2017. In the article, Dave talks about The Mechanism and how the company has survived and thrived over the past 16+ years in New York City.

We will remain human-focused and technology-mindful well into our foreseeable future. We can never forget that on the other side of our client’s device, there’s a human being – looking to be astonished and wishing to be connected to something bigger than themselves.

Read the entire article here:
http://thesiliconreview.com/magazines/your-business-our-pleasure-its-not-about-us--the-mechanism/

July 27, 2017 - Comments Off on The Mechanism Named as a Top Digital Agency in New York City by Clutch, Independent Research Firm

The Mechanism Named as a Top Digital Agency in New York City by Clutch, Independent Research Firm


In today’s digital world, we know that much of the modern-day storefront is viewed from the screen of a mobile device or monitor. Commerce is no longer structured by physical distance and a global economy has made online competition fierce. This is exactly why the team at The Mechanism works so hard to make incredible web designs and intentional branding; we want you to stand out among the noise on the Internet. We pour our heart and soul into every client project that we have the privilege to work on, and that is why it is such a great honor that we received accolades as a Top New York City Agency of 2017 by Clutch.

Clutch, a well-respected technology referral firm based in Washington, D.C., scours the globe to find the best technology companies in the world. They conduct customer interviews to ensure that every company that they recommend is reliable, communicates well and delivers amazing results. Companies that are approved and recommended by Clutch are evaluated on their market presence weighing factors such as the services they offer, clients they serve, and examples of quality projects they’ve completed. With such rigorous standards, The Mechanism is proud to land a place on Clutch’s New York City leaders matrix.

“New York City is known for being a global hub for advertising, design, and innovation. For this reason, it can be incredibly difficult for agencies to stand out among their competitors,” said Jenna Seter, business analyst at Clutch. “All of the companies featured today have accomplished exactly that – proving themselves as leaders in their industries as a result of their commitment to clients, passion for their work, and ability to generate results.”

Since client reviews are such a large part of the process, we would love to share what was said about us. When we provided web development for a sales training provider, they commented that we “are very responsive and accessible. They are always there when we need some development help. They respond to my team quickly and are in constant contact with our development personnel. This is key in our business and essential for any vendor. Overall, the quality of their work is very good. Our team is satisfied.”

Pele, one of the greatest soccer players of all time stated, “Success is no accident. It is hard work, perseverance, learning, studying, sacrifice and most of all, love of what you are doing or learning to do.” We are so excited to earn this incredible accomplishment and are proud of our hardworking, imaginative and knowledgeable team. We love what we do on the exciting forefront of technology, but our success is achieved only because our outstanding clients trust us with such important projects. The best reward that we get is when we exceed a customer’s expectations and bring their vision to life. When you love what we’ve created for you, that is true success.

Published by: Sharon Terry in The Linking Mechanism
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April 14, 2017 - Comments Off on Dave Fletcher and The Mechanism Cover Story in The Silicon Review

Dave Fletcher and The Mechanism Cover Story in The Silicon Review

Photo ©Annabel Clark

Dave Fletcher, Founder and Executive Director of The Mechanism was interviewed for the Cover Story in the latest issue of The Silicon Review.

Some highlights:

“Over the past 16-plus years, we’ve seen significant changes in the visual design/development sector and the clients we serve. Business (r)evolutions are occurring at a much faster rate than in the past, especially in technology. Deliberate and unintentional disruptions to the way businesses communicate with their chosen audience have ushered forth new ways of thinking about the direction and definition of branding in the digital age.”

“In many ways, these disruptions are a good thing,” says Dave.“For example, entrepreneurs, previously adverse to launching a new idea or service, are becoming increasingly unencumbered by many of the early financial risks included with a product launch. If an idea is remarkable and surrounded by a modicum of social media outreach and localized enthusiasm, the audience will not only help to fund a useful product or service, they will evangelize it to their personal social networks. This is the Kickstarter model – an upending of the business mindset – where anyone can present an idea to the marketplace, extricated by corporate interests or expectations. Brand “fans” are rebuilding the markets by themselves, not just the corporations anymore.”

Photo ©Annabel Clark

Fletcher on The Mechanism's experience:

"Our experience is a differentiator which strengthens our ability to predict changes in the diversified, evolving business ecosystem. We closely follow futurist interpretations because we are engaged with its endless possibilities to enhance and help the planet and society at large. Also, our ability to work directly with any type of corporate entity or personality comes with our collective experience and fearlessness to take on any project that presents itself. I prefer to build relationships for the long-haul. Executives always move on to new endeavors and projects and have built a comfortability level directly with either me or my colleagues. These very intimate relationships, forged through trust, have served us well."

Fletcher on the challenges in the industry

"One of our crucial jobs as digital creative consultants is to help company leadership and their marketing teams understand as much as they can about the human beings they are reaching out to with their brand identity. No matter the size of our client engagement, their audience is always the gauge and the most important thing to focus on. First, we need to know what the audience wants and expects, and not what the leadership expects. It is a tough pill to swallow at times, because when you are working with large companies, there tend to be large egos involved at the top. There is nothing wrong with that, of course. It is definitely a large part of how they achieved success in the first place. Once we understand their audience fully, we can then examine industry trends and data, understand the CEO’s vision and investigate all of the things that are a part the brand or company. By looking at the audience first, we tend to find very useful information."

Read the entire article at http://thesiliconreview.com/magazines/we-deliver-enabling-and-transformative-design-solutions-to-businesses-organizations-and-individuals-seeking-to-benefit-from-it-the-mechanism/

Published by: Sharon Terry in The Design Mechanism, The Thinking Mechanism

February 13, 2017 - No Comments!

“Throughout this Big Idea” article by Dave Fletcher in CIO Review

Founder Dave Fletcher was recently featured in the technology section of CIO Review. His thought-piece, "Throughout this Big Idea" offers a perspective on the history of manipulation through advertising and the importance of taking the time to absorb multiple viewpoints in the age of "Alternative Facts". Written before the 2016 Presidential election, the article presents a stark and vital viewpoint about the dangers of media manipulation from a technology industry veteran.

Modern technology and network-based communication contains and amplifies the desire originally facilitated by the print, radio and television mediums. As the internet continues to evolve, we must recognize that the quality of information is crucial. Groups of humans have always preferred to gather where people share the same beliefs, and without careful deliberation, we may continue to separate humanity into tribes of singular opinions. It's one of our great flaws, and keeps a vast majority distant from truly understanding those who oppose them. Viewpoint is religion and technology is the church. Right and wrong are blurred thanks to the internet's delivery mechanism, which facilitates quantity over quality. One could even argue that a younger generation has become accustomed to perceived communication patterns predominantly through text entry rather than actual speech - internalizing our thoughts and espousing complexity through emoji. It's faster, but certainly is a means to impede advancing our brains to their fullest potential. Wide-eyed, yet lacking wisdom, we coast dangerously close to only consuming what we understand implicitly. This is how technology captures us and how we lose our humanity; our ability to reason and the desire to better ourselves through healthy disagreement, knowledge and discourse.

Humanizing the Machine

If we learn one thing by examining the past of any medium’s evolution or any technology revolution, it's that as time goes on, we expect things to get easier. Interface design has always been about humanizing the machine - cleanly separating us from the bits and bytes; from the tedium of engaging with an electronic contraption by creating a natural interaction without falling face-first into the uncanny valley. The interfaces of the next generation of devices will follow the engagement rules perfected by the veterans of the digital era, but complexity will be undercut by the passive introduction of vocal dialogue with our device. As Artificial Intelligence improves, we will learn from and mimic the personalities of our devices. And likely, vice-versa.

Read the entire article in CIO Review: http://web-development.cioreview.com/cxoinsight/throughout-this-big-idea-nid-23278-cid-121.html

For additional information, speaking or media inquiries, please contact Sharon Terry (sharon.terry@themechanism.com)

November 4, 2016 - No Comments!

Dave Fletcher named as one of the Top 50 Creative CEO’s to Watch

dave-fletcher-ceo-to-watch

Dave Fletcher, CEO of The Mechanism is defining digital branding in a new way by maintaining an interest in and working with tactile relationships; understanding what it means to interact physically with something – whether it is a brand or an experience, and interjecting the potential of a human being actually enjoying the interaction. Under his leadership, The Mechanism strives to create affection for clients’ brands by injecting organic, fluid and meaningful interactions into the digitally-driven solutions that they are creating.

http://bit.ly/50-most-creative-ceos-to-watch

InsightsSuccess Magazine, described as an arch that is sustaining Entrepreneurs quench regarding technology and business update that is currently ruling the business world, featured The Mechanism's founder, Dave Fletcher in their latest issue in their list of Top 50 Creative CEO's to Watch.

The Mechanism’s team is selected on the basis of acumen, longevity and belief that the future is brighter when people are able to connect with one another through technology. Dave is confident that The Mechanism will continue to function as an innovator and conduit for these types of technologies while maintaining a grasp on the humanity that is required for authentic relationships between people, their devices and brands, individuals or products.

In the two-page interview, Dave candidly discusses The Mechanism's history, successes, and ways to continue to be innovative in the modern age.

We will remain visual design-focused and technology-mindful well into our foreseeable future. We can never forget that on the other side of our client’s device, there’s a human being – looking to be astonished and wishing to be connected to something bigger than themselves

Read more in the latest issue of InsightsSuccess Magazine: http://bit.ly/50-most-creative-ceos-to-watch

October 20, 2016 - No Comments!

Clutch Identifies The Mechanism as Top Agency in New York City for the Second Year in a Row

B2B research firm in Washington, DC, Clutch published a report announcing the leading digital marketing agencies, full-service digital agencies, web designers, and mobile app developers in New York City. The Mechanism is listed as a top New York City agency in this report.

Read more here: https://clutch.co/press-releases/clutch-identifies-top-agencies-new-york-city

Published by: davefletcher in The Internal Mechanism
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July 25, 2016 - No Comments!

Dave Fletcher: The Power of Digital Design and Strategy for Affectionate Human Interactions

Screen Shot 2016-08-04 at 5.07.45 PM

Our founder, Dave Fletcher was interviewed for CIO Outlook.

Read the entire interview, right here: http://bit.ly/CIOoutlook

Check out some highlights here:

"We will soon live with systems that interpolate Big Data seamlessly - by plugging directly into an artificial or ambient intelligence to manage your life, curate your interests, drive a vehicle, keep track of your day to day travels and never force you to remove yourself from an existing experience to use a website to research what the Network will already know you’re looking for. The next generation will be the “Mighty Untethered”, ubiquitously connected to the cloud. You and your friends and colleagues interests will be part of the system, and as they change, so will your personal experience to match your tastes. Diseases, dangers, economies and civilizations will be repaired on a global scale due to mass shared information and the artificial intelligence to be gained from it."

Read the entire interview, right here: http://bit.ly/CIOoutlook

July 21, 2016 - No Comments!

Highlights of an interview with Dave Fletcher in CTO/CFO Magazine

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The Founder of The Mechanism, Dave Fletcher, was interviewed in the recent issue of CTO/CFO Magazine about the company, their work and what surprised him over the past 16 years of running a company.

Read the entire interview, conducted by Lynn Fosse, Senior Editor, CEOCFO Magazine right here: http://bit.ly/CTOCFOinterview

Here are some highlights:

CEOCFO: Mr. Fletcher, front and center on your site is “We use technology to develop authentic and affectionate interactions between human beings.” What does that mean day-to-day? What are you doing at The Mechanism?

Mr. Fletcher: I founded the company in 2001, and have worked in the digital design field since 1996. One thing I discovered early on is that many digital agencies were focused purely on technology and programmatic solutions, and less so on developing human-focused, branded interactions. After all, whether it’s an app, a website or another hybrid interface, ultimately, there’s a human being on the other side looking to build a relevant, enduring relationship with a brand or product. Since my background is in brand identity development, I still maintain an interest and enjoy working with tactile experiences and understanding what it means to interact with something; whether it is a brand or an experience. Therefore, The Mechanism strives to create affection for our client’s brands by injecting organic, fluid and meaningful interactions into the digital solutions that we are creating.


CEOCFO: When you are developing a concept for a client what might you take into consideration that less experienced people do not realize is important?

Mr. Fletcher: The number one thing I explain to our clients is that no matter the size -- their audience is always the gauge – the most important thing to focus on. What does your audience want? What does your audience expect? Not, what do "you" expect. It is a tough pill to swallow at times. This is because when you are working with large companies, there tends to be large egos involved at the top. There is nothing wrong with that, because I believe that it is definitely a part of how they achieved success. However, I also believe that one of the most important things is to help company leadership (and their marketing teams) understand as much as they can about the people they are reaching out to with their brand identity. What do they expect? Where else do they go online? What are some of the apps they use? In knowing this, it helps us pull it back to a second tier, which is, “Let us look at what else is going on in your industry by examining trends and data, and let us look at all of those things that are a part of who you are as a brand or company.” By looking at the audience first, we tend to find serviceable information.


CEOCFO: On your website it indicates you do select projects on the basis of their challenges and opportunities. Do you know pretty quickly when you are first talking with someone if the project is right for you? How do you know?

Mr. Fletcher: We look at projects that have a meaningful impact. I know that sounds like kind of a bogus response, but we really like working with clients that are either doing good for other people, helping people succeed, or helping people enjoy their lives or their work lives. It is funny, because when you focus on positivity, if someone contacts you and has a well funded, but personal project that may not have a positive impact on a larger scale, it is easier to turn them away. In rare cases, we will look at a project on the basis of what the long-term ramifications are. When we worked with Flight of the Concords, for example, we enjoyed the music, and they were nice guys. Over the years, we have gotten a lot of interest for potential employees and interns from that client. Was it a financial windfall because we worked with them? Absolutely not. But that's ok, because from a business standpoint it was something that helped us to build reputation. Therefore, occasionally projects will come along that are reputation builders and not the most financially fantastic.


Read the entire interview, conducted by Lynn Fosse, Senior Editor, CEOCFO Magazine right here: http://bit.ly/CTOCFOinterview