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Introducing ServerVerify: built with the LowEndTalk community in mind

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Comments

  • LEBUserJoeLEBUserJoe Member
    edited October 28

    A U.S. company is not required to create an EU subsidiary merely because it has EU users, nor does GDPR require all EU user data to be stored only on servers physically located in the EU. In some cases a non EU company may need an EU representative, but that's very different from establishing an EU subsidiary. There are also established mechanisms for legally transferring personal data outside the EU.

    Likewise, GDPR does not require explicit consent for every processing activity. Consent is one legal basis, but it isn't the only one.> @jbiloh said:

    @Andreix said:

    @jbiloh said:

    @Andreix said:

    @jbiloh said:
    LowEndTalk, LowEndBox and ServerVerify are all owned and operated by the same company, WNY IT Services Inc. ServerVerify was built as an extension of the existing LowEnd ecosystem. When we launched it, we imported the historical benchmarks publicly posted on LowEndTalk and created corresponding user records so those benchmarks could be properly attributed.

    Our Terms and Privacy Policy explicitly describe the three sites as a unified platform and explain that information and user content may be shared, aggregated and cross published between them.

    So yes, data moved from LET into ServerVerify. What I disagree with is characterizing that as though we secretly handed user data to some unrelated third party company. We did not.

    The unsubscribe issue is separate. Our mailing system is supposed to honor unsubscribe requests, and we take those requests seriously. If someone receives an email after unsubscribing, send me the affected address privately. We will investigate it and correct any problem we find.

    I will open a porn site in the upcoming months under the same SRL as our main brands.
    Do you say its ok to just import the clients without their consent?

    No, because that is obviously not an equivalent situation.

    ServerVerify was created as an extension of the existing LowEndTalk/LowEndBox hosting ecosystem. The information involved was directly related to that ecosystem, including historical hosting benchmarks that users had publicly posted on LowEndTalk, and the relationship between the properties is disclosed in our Terms and Privacy Policy.

    Opening an unrelated adult website under the same corporate entity and importing hosting customers into it would be an entirely different purpose and use of their information.

    Being owned by the same company is not, by itself, the point I was making. The relevant point is that ServerVerify is a closely related service built around the same hosting community, content and functionality, and our policies specifically address how data and content may be used across those properties.

    Comparing ServerVerify to importing hosting customers into a porn site doesn't meaningfully describe what happened here.

    It is not. You have basically used our data for a totally different scope than what we agreed with. At least, to my knowledge, LET did not had any clause saying: "You hereby agree with your data being used for any project MYCOMPANY LLC will launch since signup until armaggeddon".

    I am pretty sure that, if you reach out to your lawyer, especially dealing with EU persons, he/she will confirm my point.

    More than that, you as an US company are obliged that, when dealing with EU entities, to have a subsidiary company registered in any EU state and ONLY that EU company to handle EU customers data; on EU servers.

    So, currently, you have multiple GDPR violations and some EU regulations.

    Last thing you'd need is a mass EU-users lawsuit for processing their data on US servers with US entity, without an EU subsidiary. :)

    I know you don't like it, but it does require (a) a lawful basis and prior notice under Art. 13(3) before reusing LET data for a new purpose, (b) an Art. 27 EU representative unless exempt, and (c) a valid Chapter V transfer mechanism (DPF or SCCs). Which of these does ServerVerify rely on, and when was the privacy policy updated to cover it?

    A U.S. company is not required to create an EU subsidiary merely because it has EU users, nor does GDPR require all EU user data to be stored only on servers physically located in the EU. In some cases a non EU company may need an EU representative, but that's very different from establishing an EU subsidiary. There are also established mechanisms for legally transferring personal data outside the EU.

    Likewise, GDPR does not require explicit consent for every processing activity. Consent is one legal basis, but it isn't the only one.

    As for ServerVerify, I've already explained what we did. It is part of the same LowEnd ecosystem, operated by the same company, and our Terms and Privacy Policy address data and content use across the properties.

    On a more productive note, I actually took a look at ServerSpan and I like the website and what you're building. Rather than spending too much time arguing with me about ServerVerify, I'd encourage you to figure out how you can leverage it, for free, to help ServerSpan. Get the company properly represented, contribute real benchmarks, encourage actual customers to leave honest reviews, and use the data to demonstrate where you're competitive.

    “Same company” and “same ecosystem” describe your relationship between the sites; they don’t, by themselves, tell users what personal data would be reused, for what purpose, or what notice they received before it happened. A privacy policy can be relevant to that question, but pointing to the current policy doesn’t establish what wording applied when the data was collected or transferred.

    So please answer the specific questions: What data was imported from LET to ServerVerify—benchmarks only, or also usernames, email addresses, and account details? What lawful basis did you rely on for each category? What notice did LET users receive about that use, and when? And what happens to data on ServerVerify if a user deletes their LET account or asks for erasure?

  • AndreixAndreix Host Rep, Veteran

    Following @jbiloh logic; if you sign up for facebook, you automatically have whastapp, threads and instagram account.

    However, Meta is not using one-id-for-all by default. If you have FB and SIGN UP WILLINGLY for instagram; you get the option to link them. Not the other way around.

    Seeing how many courts and senators FB's owner had to face, I would really doubt your practices even at US-level tbh @jbiloh .

  • @Andreix said:

    @jbiloh said:

    @Andreix said:

    @jbiloh said:

    @Andreix said:

    @jbiloh said:
    LowEndTalk, LowEndBox and ServerVerify are all owned and operated by the same company, WNY IT Services Inc. ServerVerify was built as an extension of the existing LowEnd ecosystem. When we launched it, we imported the historical benchmarks publicly posted on LowEndTalk and created corresponding user records so those benchmarks could be properly attributed.

    Our Terms and Privacy Policy explicitly describe the three sites as a unified platform and explain that information and user content may be shared, aggregated and cross published between them.

    So yes, data moved from LET into ServerVerify. What I disagree with is characterizing that as though we secretly handed user data to some unrelated third party company. We did not.

    The unsubscribe issue is separate. Our mailing system is supposed to honor unsubscribe requests, and we take those requests seriously. If someone receives an email after unsubscribing, send me the affected address privately. We will investigate it and correct any problem we find.

    I will open a porn site in the upcoming months under the same SRL as our main brands.
    Do you say its ok to just import the clients without their consent?

    No, because that is obviously not an equivalent situation.

    ServerVerify was created as an extension of the existing LowEndTalk/LowEndBox hosting ecosystem. The information involved was directly related to that ecosystem, including historical hosting benchmarks that users had publicly posted on LowEndTalk, and the relationship between the properties is disclosed in our Terms and Privacy Policy.

    Opening an unrelated adult website under the same corporate entity and importing hosting customers into it would be an entirely different purpose and use of their information.

    Being owned by the same company is not, by itself, the point I was making. The relevant point is that ServerVerify is a closely related service built around the same hosting community, content and functionality, and our policies specifically address how data and content may be used across those properties.

    Comparing ServerVerify to importing hosting customers into a porn site doesn't meaningfully describe what happened here.

    It is not. You have basically used our data for a totally different scope than what we agreed with. At least, to my knowledge, LET did not had any clause saying: "You hereby agree with your data being used for any project MYCOMPANY LLC will launch since signup until armaggeddon".

    I am pretty sure that, if you reach out to your lawyer, especially dealing with EU persons, he/she will confirm my point.

    More than that, you as an US company are obliged that, when dealing with EU entities, to have a subsidiary company registered in any EU state and ONLY that EU company to handle EU customers data; on EU servers.

    So, currently, you have multiple GDPR violations and some EU regulations.

    Last thing you'd need is a mass EU-users lawsuit for processing their data on US servers with US entity, without an EU subsidiary. :)

    I know you don't like it, but it does require (a) a lawful basis and prior notice under Art. 13(3) before reusing LET data for a new purpose, (b) an Art. 27 EU representative unless exempt, and (c) a valid Chapter V transfer mechanism (DPF or SCCs). Which of these does ServerVerify rely on, and when was the privacy policy updated to cover it?

    A U.S. company is not required to create an EU subsidiary merely because it has EU users, nor does GDPR require all EU user data to be stored only on servers physically located in the EU. In some cases a non EU company may need an EU representative, but that's very different from establishing an EU subsidiary. There are also established mechanisms for legally transferring personal data outside the EU.

    Likewise, GDPR does not require explicit consent for every processing activity. Consent is one legal basis, but it isn't the only one.

    As for ServerVerify, I've already explained what we did. It is part of the same LowEnd ecosystem, operated by the same company, and our Terms and Privacy Policy address data and content use across the properties.

    On a more productive note, I actually took a look at ServerSpan and I like the website and what you're building. Rather than spending too much time arguing with me about ServerVerify, I'd encourage you to figure out how you can leverage it, for free, to help ServerSpan. Get the company properly represented, contribute real benchmarks, encourage actual customers to leave honest reviews, and use the data to demonstrate where you're competitive.

    I am not interested in promoting ServerSpan on your platform; merely because I stopped offering a-la-carte hosting services.
    ServerSpan is taking orders only selectively and only from business professionals. Your major user-base is not the segment we define as potential clients.

    But again, my idea stands: any other LowEndWhatever you'll open from now on, will forcefully sign us up? Will assume on our behalf that we're interested in?


    Nope; someone assumed I am ok with it, on my behalf, without my express written consent.

    The comedy of him basically advertising this horrific site that took a year for 10,000 results leveraging existing LET userbase, is laughable.

    It wouldnt help serverspan, serverspan would help Server verify, One of them has actual value

    Side note, can I lease or Buy a /24 with crypto with u guys? (Sorry bad moment :) )

  • Starting to make sense why so many scammers are able to get away with so much on this website, nodeseek soon no.1 :D

  • AndreixAndreix Host Rep, Veteran

    [@LEBUserJoe said]
    Side note, can I lease or Buy a /24 with crypto with u guys? (Sorry bad moment :) )

    We only lease. And, yes. If you are a professional (company or individual trader registered in your country). We do not offer services to private persons anymore, regardless of the type of service.

  • @Andreix said:

    [@LEBUserJoe said]
    Side note, can I lease or Buy a /24 with crypto with u guys? (Sorry bad moment :) )

    We only lease. And, yes. If you are a professional (company or individual trader registered in your country). We do not offer services to private persons anymore, regardless of the type of service.

    Okay good to know i'll reach out via my entity officially. We have have a B.V in NL and LTD in UK

  • AndreixAndreix Host Rep, Veteran

    @LEBUserJoe said:

    @Andreix said:

    [@LEBUserJoe said]
    Side note, can I lease or Buy a /24 with crypto with u guys? (Sorry bad moment :) )

    We only lease. And, yes. If you are a professional (company or individual trader registered in your country). We do not offer services to private persons anymore, regardless of the type of service.

    Okay good to know i'll reach out via my entity officially. We have have a B.V in NL and LTD in UK

    Looking forward. ❤️

  • @LEBUserJoe said:

    A U.S. company is not required to create an EU subsidiary merely because it has EU users, nor does GDPR require all EU user data to be stored only on servers physically located in the EU. In some cases a non EU company may need an EU representative, but that's very different from establishing an EU subsidiary. There are also established mechanisms for legally transferring personal data outside the EU.

    Likewise, GDPR does not require explicit consent for every processing activity. Consent is one legal basis, but it isn't the only one.> @jbiloh said:

    @Andreix said:

    @jbiloh said:

    @Andreix said:

    @jbiloh said:
    LowEndTalk, LowEndBox and ServerVerify are all owned and operated by the same company, WNY IT Services Inc. ServerVerify was built as an extension of the existing LowEnd ecosystem. When we launched it, we imported the historical benchmarks publicly posted on LowEndTalk and created corresponding user records so those benchmarks could be properly attributed.

    Our Terms and Privacy Policy explicitly describe the three sites as a unified platform and explain that information and user content may be shared, aggregated and cross published between them.

    So yes, data moved from LET into ServerVerify. What I disagree with is characterizing that as though we secretly handed user data to some unrelated third party company. We did not.

    The unsubscribe issue is separate. Our mailing system is supposed to honor unsubscribe requests, and we take those requests seriously. If someone receives an email after unsubscribing, send me the affected address privately. We will investigate it and correct any problem we find.

    I will open a porn site in the upcoming months under the same SRL as our main brands.
    Do you say its ok to just import the clients without their consent?

    No, because that is obviously not an equivalent situation.

    ServerVerify was created as an extension of the existing LowEndTalk/LowEndBox hosting ecosystem. The information involved was directly related to that ecosystem, including historical hosting benchmarks that users had publicly posted on LowEndTalk, and the relationship between the properties is disclosed in our Terms and Privacy Policy.

    Opening an unrelated adult website under the same corporate entity and importing hosting customers into it would be an entirely different purpose and use of their information.

    Being owned by the same company is not, by itself, the point I was making. The relevant point is that ServerVerify is a closely related service built around the same hosting community, content and functionality, and our policies specifically address how data and content may be used across those properties.

    Comparing ServerVerify to importing hosting customers into a porn site doesn't meaningfully describe what happened here.

    It is not. You have basically used our data for a totally different scope than what we agreed with. At least, to my knowledge, LET did not had any clause saying: "You hereby agree with your data being used for any project MYCOMPANY LLC will launch since signup until armaggeddon".

    I am pretty sure that, if you reach out to your lawyer, especially dealing with EU persons, he/she will confirm my point.

    More than that, you as an US company are obliged that, when dealing with EU entities, to have a subsidiary company registered in any EU state and ONLY that EU company to handle EU customers data; on EU servers.

    So, currently, you have multiple GDPR violations and some EU regulations.

    Last thing you'd need is a mass EU-users lawsuit for processing their data on US servers with US entity, without an EU subsidiary. :)

    I know you don't like it, but it does require (a) a lawful basis and prior notice under Art. 13(3) before reusing LET data for a new purpose, (b) an Art. 27 EU representative unless exempt, and (c) a valid Chapter V transfer mechanism (DPF or SCCs). Which of these does ServerVerify rely on, and when was the privacy policy updated to cover it?

    A U.S. company is not required to create an EU subsidiary merely because it has EU users, nor does GDPR require all EU user data to be stored only on servers physically located in the EU. In some cases a non EU company may need an EU representative, but that's very different from establishing an EU subsidiary. There are also established mechanisms for legally transferring personal data outside the EU.

    Likewise, GDPR does not require explicit consent for every processing activity. Consent is one legal basis, but it isn't the only one.

    As for ServerVerify, I've already explained what we did. It is part of the same LowEnd ecosystem, operated by the same company, and our Terms and Privacy Policy address data and content use across the properties.

    On a more productive note, I actually took a look at ServerSpan and I like the website and what you're building. Rather than spending too much time arguing with me about ServerVerify, I'd encourage you to figure out how you can leverage it, for free, to help ServerSpan. Get the company properly represented, contribute real benchmarks, encourage actual customers to leave honest reviews, and use the data to demonstrate where you're competitive.

    “Same company” and “same ecosystem” describe your relationship between the sites; they don’t, by themselves, tell users what personal data would be reused, for what purpose, or what notice they received before it happened. A privacy policy can be relevant to that question, but pointing to the current policy doesn’t establish what wording applied when the data was collected or transferred.

    So please answer the specific questions: What data was imported from LET to ServerVerify—benchmarks only, or also usernames, email addresses, and account details? What lawful basis did you rely on for each category? What notice did LET users receive about that use, and when? And what happens to data on ServerVerify if a user deletes their LET account or asks for erasure?

    @jbiloh

    I would like this clarified, and to know which if any of my data was transferred.

  • jbilohjbiloh Administrator, Veteran

    @LEBUserJoe said: @jbiloh

    I would like this clarified, and to know which if any of my data was transferred.

    Please open a ticket at https://services.lowendtalk.com and include your LowEndTalk username and the email address associated with the account. We can review what information is associated with your account and address your specific questions there.

  • jsgjsg Member, Resident Benchmarker

    @jbiloh said:
    LowEndTalk, LowEndBox and ServerVerify are all owned and operated by the same company, WNY IT Services Inc. ServerVerify was built as an extension of the existing LowEnd ecosystem. When we launched it, we imported the historical benchmarks publicly posted on LowEndTalk and created corresponding user records so those benchmarks could be properly attributed.

    Our Terms and Privacy Policy explicitly describe the three sites as a unified platform and explain that information and user content may be shared, aggregated and cross published between them.

    So yes, data moved from LET into ServerVerify. What I disagree with is characterizing that as though we secretly handed user data to some unrelated third party company. We did not.

    The unsubscribe issue is separate. Our mailing system is supposed to honor unsubscribe requests, and we take those requests seriously. If someone receives an email after unsubscribing, send me the affected address privately. We will investigate it and correct any problem we find.

    While I do not join the "eu gdpr" or whatever crusade against you, I wonder why the unsubscribe issue is separate. I mean you explain that the 3 sites are a unified platform, so why 2 or 3 different unsuscribes?
    Or did you not import the email addresses from LET? If so, my point is moot and I apologize.

    Thanked by 1Andreix
  • jbilohjbiloh Administrator, Veteran

    @jsg said:

    @jbiloh said:
    LowEndTalk, LowEndBox and ServerVerify are all owned and operated by the same company, WNY IT Services Inc. ServerVerify was built as an extension of the existing LowEnd ecosystem. When we launched it, we imported the historical benchmarks publicly posted on LowEndTalk and created corresponding user records so those benchmarks could be properly attributed.

    Our Terms and Privacy Policy explicitly describe the three sites as a unified platform and explain that information and user content may be shared, aggregated and cross published between them.

    So yes, data moved from LET into ServerVerify. What I disagree with is characterizing that as though we secretly handed user data to some unrelated third party company. We did not.

    The unsubscribe issue is separate. Our mailing system is supposed to honor unsubscribe requests, and we take those requests seriously. If someone receives an email after unsubscribing, send me the affected address privately. We will investigate it and correct any problem we find.

    While I do not join the "eu gdpr" or whatever crusade against you, I wonder why the unsubscribe issue is separate. I mean you explain that the 3 sites are a unified platform, so why 2 or 3 different unsuscribes?
    Or did you not import the email addresses from LET? If so, my point is moot and I apologize.

    We use only 1 mail platform, and any unsubscribe requests should be fully honored.

    Thanked by 1jsg
  • gdpr is changing soon to not see all messages 100 times a day.

  • forestforest Member

    @LEBUserJoe said: I would like this clarified, and to know which if any of my data was transferred.

    Any of your data can be transferred:

    “User Content” includes posts, reviews, benchmarks, offers, comments, media uploads, or any other submission.

    By submitting User Content, you grant WNY IT Services Inc. a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, aggregate, publish, translate, distribute, and display such content across all components of the Platform, as well as in promotional or derivative works.

  • @forest said:

    @LEBUserJoe said: I would like this clarified, and to know which if any of my data was transferred.

    Any of your data can be transferred:

    “User Content” includes posts, reviews, benchmarks, offers, comments, media uploads, or any other submission.

    By submitting User Content, you grant WNY IT Services Inc. a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, aggregate, publish, translate, distribute, and display such content across all components of the Platform, as well as in promotional or derivative works.

    Not my point is, my point was what was the ToS agreed to initially before ServerVerify was ever a thing, and regardless was EU citizens notified which is a requirement of such data transfers regardless of ToS this is EU law applies to any site offering services of any type to a consumer.

    Thanked by 1forest
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