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Strange NDA - advice needed
Thread poster: Sarah McDowell
Sarah McDowell
Sarah McDowell  Identity Verified
Canada
Local time: 09:23
Member (2012)
Russian to English
+ ...
Dec 12, 2021

A potential client has contacted me about the translation of a book. They said that I must sign their NDA before they can tell me more information about the book and to actually see the book. But the NDA is quite strange and very vague. There is no address, telephone number, company registration number, date, validity period, or name of any person on it.

The other thing that's strange is that 3 different project managers have written to me from the same address in the past 3 days. T
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A potential client has contacted me about the translation of a book. They said that I must sign their NDA before they can tell me more information about the book and to actually see the book. But the NDA is quite strange and very vague. There is no address, telephone number, company registration number, date, validity period, or name of any person on it.

The other thing that's strange is that 3 different project managers have written to me from the same address in the past 3 days. This seems quite strange to me as usually project managers have their own e-mail addresses.

The other thing that's strange is the NDA says it's in accordance with English law and at the exclusive jurisdiction of English courts. But they are contacting me from Moscow. However, according to the company's website, their head office is in New Jersey. So why would they specify English law if they are not even in England and have no offices there?

I have seen many NDAs before, and they usually all have the company's address, telephone number, registration number, and person in charge listed.

The whole thing seems very strange, and a bit suspicious. Can anyone with more legal experience please give me some advice?

[Edited at 2021-12-12 17:32 GMT]
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Adieu
Adieu  Identity Verified
Ukrainian to English
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That's odd, but might just be non-nefarious idiocy Dec 12, 2021

Chances are they plagiarized the NDA from somewhere and don't really understand what it is.

Ultimately, the big question is whether you can come up with any situation where they can possibly try to sue you or otherwise demand compensation for something.

If there's no possible liability, then it's just some random NDA they stole somewhere and removed the original author's info from because the boss told them they need to get an NDA and they don't really know what that is
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Chances are they plagiarized the NDA from somewhere and don't really understand what it is.

Ultimately, the big question is whether you can come up with any situation where they can possibly try to sue you or otherwise demand compensation for something.

If there's no possible liability, then it's just some random NDA they stole somewhere and removed the original author's info from because the boss told them they need to get an NDA and they don't really know what that is or does.

[Edited at 2021-12-12 19:40 GMT]
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Philip Lees
 
Maria Teresa Borges de Almeida
Maria Teresa Borges de Almeida  Identity Verified
Portugal
Local time: 15:23
Member (2007)
English to Portuguese
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@Sarah Dec 12, 2021

You can’t be bound by a NDA which does not have any customer data… As far as I know NDAs may be customized to any degree but there are five items that are considered essential:

1. The names of the parties to the agreement;
2. A definition of what constitutes confidential information;
3. Any exclusions from confidentiality;
4. The time periods involved;
5. (…)


Kevin Fulton
Philip Lees
Rachel Waddington
Christine Andersen
Kay Denney
expressisverbis
Alison Jenner
 
Liviu-Lee Roth
Liviu-Lee Roth
United States
Local time: 10:23
Romanian to English
+ ...
Are you sure it is not a scam to get your personal info? Dec 13, 2021

Call their NJ office and check.

Stay safe,
Lee


Iris Schmerda
Maria Teresa Borges de Almeida
Ivana Kahle
Christine Andersen
Kay Denney
Tina Vonhof (X)
expressisverbis
 
Michael Newton
Michael Newton  Identity Verified
United States
Local time: 10:23
Japanese to English
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Strange NDA Dec 13, 2021

In the past I have had prospective clients tell me that I must sign an NDA before I could see the document. Why would anyone sign an NDA for a document that they know nothing about?!

Morano El-Kholy
Maria Teresa Borges de Almeida
expressisverbis
 
Sarah McDowell
Sarah McDowell  Identity Verified
Canada
Local time: 09:23
Member (2012)
Russian to English
+ ...
TOPIC STARTER
Looks like a CV scam Dec 13, 2021

Now they are not asking about the NDA but instead asking me to send my full CV (which I won't do, of course). However, they said that when they first contacted me they liked my CV, thus contradicting themselves.

It's also very strange that they have different PMs using the same e-mail address to contact me. Usually the e-mail addresses of project managers are similar to the following format: firstname.lastname@agency's
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Now they are not asking about the NDA but instead asking me to send my full CV (which I won't do, of course). However, they said that when they first contacted me they liked my CV, thus contradicting themselves.

It's also very strange that they have different PMs using the same e-mail address to contact me. Usually the e-mail addresses of project managers are similar to the following format: firstname.lastname@agency's domain.com
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Tina Vonhof (X)
 
Matthias Brombach
Matthias Brombach  Identity Verified
Germany
Local time: 16:23
Member (2007)
Dutch to German
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IP adres? Dec 13, 2021

Did you look up their IP address and to what country it does belong? Or is it just a gmail domain?

[Bearbeitet am 2021-12-13 10:44 GMT]


expressisverbis
 
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Sarah McDowell
Sarah McDowell  Identity Verified
Canada
Local time: 09:23
Member (2012)
Russian to English
+ ...
TOPIC STARTER
IP address or domain name? Dec 13, 2021

Do you mean their domain name? No, they don't use g-mail.

Can you please advise me the best websites to use to look up info on the domain name? The website I usually use for this produced no specific results for them.


 
Post removed: This post was hidden by a moderator or staff member for the following reason: Unedited since two days
Sarah McDowell
Sarah McDowell  Identity Verified
Canada
Local time: 09:23
Member (2012)
Russian to English
+ ...
TOPIC STARTER
they want to redact my CV Dec 13, 2021

They even admitted in their own words that they want to redact my CV. This seems like an identity theft scam.

"if you could send us your full CV, as we will have to present it to our requester so that they can familiarize themselves with all of your experience gathered in one document (of course all the personal information will be deleted beforehand)."

They first wrote to me saying that they had already seen my CV on ProZ (I don't have it uploaded), then today they are
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They even admitted in their own words that they want to redact my CV. This seems like an identity theft scam.

"if you could send us your full CV, as we will have to present it to our requester so that they can familiarize themselves with all of your experience gathered in one document (of course all the personal information will be deleted beforehand)."

They first wrote to me saying that they had already seen my CV on ProZ (I don't have it uploaded), then today they are asking for it again. So their different PMs are contradicting themselves.

The other thing that's strange is that there is nothing on their website about literary translation at all. So it's strange why they have a request to publish a book when their focus is on technical and business translation.

[Edited at 2021-12-13 13:11 GMT]
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Kay Denney
Kay Denney  Identity Verified
France
Local time: 16:23
French to English
. Dec 13, 2021

Sarah McDowell wrote:

They even admitted in their own words that they want to redact my CV. This seems like an identity theft scam.

They first wrote to me saying that they had already seen my CV on ProZ (I don't have it uploaded), then today they are asking for it again. So their different PMs are contradicting themselves.

The other thing that's strange is that there is nothing on their website about literary translation at all. So it's strange why they have a request to publish a book when their focus is on technical and business translation.

[Edited at 2021-12-13 13:11 GMT]

For the fact that they don't mention literary translation, that's not a red flag for me. At the agency where I worked, we translated several books, but there wasn't enough to make it worth mentioning. As a freelancer, I have worked on books too, but I don't specify because again, it's just a couple of projects, not something I've done enough of to be able to boast about it. None of the books would count as literature either, they were all books with a professional focus.

However the contradictions seem to imply to me that they're just culling any contact info they can get from the Proz directory and contacting you without bothering to check what you actually put on your profile. They haven't made a long and detailed search for the exact right translator, or even a handful of probably suitable translators to send tests to. I would probably write back saying I'm not interested (without specifying why, because then they might come up with a bullshit answer as to why your reason isn't valid).


Maria Teresa Borges de Almeida
expressisverbis
Liviu-Lee Roth
 
Tina Vonhof (X)
Tina Vonhof (X)
Canada
Local time: 08:23
Dutch to English
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Scam Dec 13, 2021

Sarah, follow your best instincts: it's a scam. You know: if it talks like a duck....

Add it all up: a) they contact you via different PMs, b) their email addresses look strange, c) they seem to have no experience with your specialization, d) they plan to 'redact' your CV, e) they have a sloppy NDA, and f) you have already done some research and none of it was reassuring. Any one of these things alone might have a reasonable explanation but altogether they smell fishy.
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Sarah, follow your best instincts: it's a scam. You know: if it talks like a duck....

Add it all up: a) they contact you via different PMs, b) their email addresses look strange, c) they seem to have no experience with your specialization, d) they plan to 'redact' your CV, e) they have a sloppy NDA, and f) you have already done some research and none of it was reassuring. Any one of these things alone might have a reasonable explanation but altogether they smell fishy.

Even if it's not a scam, it doesn't look like a company that you should jump into such a large project with sight unseen. If is was me, I would politely decline.

[Edited at 2021-12-13 16:00 GMT]
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Sarah McDowell
Grace Anderson
Kevin Fulton
Nena Perovic
Yuri Larin
Liviu-Lee Roth
 
Adieu
Adieu  Identity Verified
Ukrainian to English
+ ...
And they probably don't HAVE the project anyway Dec 13, 2021

At best, they might be attempting to bid on a project representing you as "their" translator... which later may or may NOT be offered to you after taking a fat cut

K_E_B
 
Sarah McDowell
Sarah McDowell  Identity Verified
Canada
Local time: 09:23
Member (2012)
Russian to English
+ ...
TOPIC STARTER
it's a translation of fiction Dec 13, 2021

Kay Denney wrote:

At the agency where I worked, we translated several books, but there wasn't enough to make it worth mentioning. As a freelancer, I have worked on books too, but I don't specify because again, it's just a couple of projects, not something I've done enough of to be able to boast about it. None of the books would count as literature either, they were all books with a professional focus.


Hi Kay,

Thanks for your input on this matter. Actually, they specifically told me that the book was fiction, not a book related to one of their areas of specialization. That's why it's strange that there's nothing about literary translation on their agency website.


 
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