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Funny...
Cause I have flagged the thread and nothing happened...
That isn't how it works.
They have the option to get a refund via chargeback and file lawsuits. Many have been refunded apparently on here. And it does matter. GDPR isn't required for a US company providing services to customers not in the EU.
Regardless I'm not really seeing your point on any of this. Where specifically does it state that in any case there's any possibility that liability would be pushed onto a data processor? Even if all you say is true, can you please cite where this would make a difference?
Why do you want it closed? Let the provider dig their grave.
That's so funny!
We don't need to. Lewis would have to as he would be the one responsible for the data.
It's not stolen unless someone says it is and then we would delete it. If we don't delete the data then there's an issue. How would we know if the data is stolen or not? Seems people want the data there, don't they?
I'm so confused. Are you saying you have data with us and we're hosting your servers and you want us to delete it? Why won't you just tell us the info so we can delete it then? Or are you just making stuff up for no reason. Because not a single person is asking for their data to be deleted.
Because everyone on here asked me to keep the data and they want us to keep it running.
Why am I not supposed to have the data?
I'm offering to delete anyone's data if they request it. I don't understand the issue? If you want your data deleted why would you just pop a ticket and ask for it to be deleted? What's the problem?
I know I'm enjoying this now. Somehow this thread has turned into people upset I'm NOT deleting their data but won't tell me their info. I think everyone has ran out of reasons to complain so just making it all up
That is how it works. You claim this over and over again, without clarifying your position.
Read Art 28. As a processor you’re required to have a clear and written instruction from the controller. Can you confirm you have this?
I read it and nothing has any info about liability or requirements to hold data or keep active. These were your comments.
Also where specifically does it state that a customer is a customer until they're refunded.
Have you considered that perhaps people who actually give a shit about GDPR might not want to dox themselves?
Also, given how you reacted to people earlier in the thread who'd asked questions and you just terminated their services, it should be obvious why some people prefer to not identify themselves to you either.
You didn’t answer my question. Do you have data processing agreement with Lewis?
Where does it say that a provider can unilaterally decide that a paying customer is no longer a customer?
I can't discuss specifics about the agreement.
It doesn't have to say that, it has to say that they can't. Specifically when a company goes out of business what happens? These are the policies, it has to state what's not allowed. Not the other way around.
Also you still haven't cited where it says anything about holding data or keeping it active as you stated before.
Lewis never bragged about intentionally violating GDPR rules and saying they didn't apply to them anyway because he was in the US. If you'd not done that, probably everybody would have just assumed you were doing the right thing already.
Basically, every problem you have stems from the fact that you turned up here, not giving a shit about any customers, telling them they were lucky to have service at all because you were giving it for free out of the goodness of your heart, threatening to terminate EVERY service sold on a LET deal, telling people that you wouldn't give refunds because Lewis had all the money, but then actively discouraging people from charging back because that would be fraud (even though from everything else you said, it wouldn't be because Lewis isn't providing the paid-for service) and saying that you were spying on communication between Lewis and stripe, and finally bragging how you'd just taken all the customer PII and didn't care about the GDPR.
Everything you have done has been done with complete and utter distain for your customers and you wonder why some of them don't like you.
At the end of the day, users paid for the service and are entitled to receive that service. From your communications to date, you still haven't given people an assurance that they won't be terminated for no reason in the future.
I asked for the invoice without their personal info. Like just the spec info.
I am not asking for specifics about the agreement. I am asking if there is a data processing agreement in place. That is a basic and standard document between two parties when GDPR-relevant information is exchanged. You previously stated that there was only an NDA in place, so I guess not.
This is basic contract law - it’s binding for both parties, unless you can prove the customers en masse have violated TOS.
You need better legal advice
Ironically, an LLC or limited company doesn't provide all that much protection against someone who is planning a short-term exit scam.
The reason people still have chargeback as an option to them now is because Lewis was an idiot and operated as a sole trader, so he is personally liable for the finances. If he was running VM as a company from the start, he could just declare it bankrupt and walk away relatively unscathed. In the UK, he would have restrictions on starting a new company, but that's about it. I bet he wished he'd paid the £50 now (and it was only £13 when he said he started 4 years ago).
That would be covered under Article 4.2 which explicitly includes storage as an activity that is considered ‘processing’
You clearly need better legal advice
I raise my finger here. I'm have a VPS with VeloxMedia and am concerned if it will be running at the whole period in time that I've paid for.
Then why are you pretending you do by providing the service?
You must have had some agreement with Lewis to continue to provide service, otherwise why the hell are you doing it?
At this point, this entire farce just seems like some continuation of Lewis' attempt at an exit-scam to shift the blame off him and to drag this out long enough until the chargeback window has passed before cutting off all the services.
If this isn't true, why don't you just guarantee service to customers OR tell them that you won't so they can chargeback and move to another provider instead?
Don't forget that he use his or someone else home as legal address.
Then they should chargeback and file a ticket to close their account. Find another provider and be happy with their service. Why is this so complicated for everyone?
We're a legit company and always do things right and legit. There hasn't been a single thing we've done that wasn't fully above board. We didn't violate a single GDPR rule or anything. We have rights to see the emails that we see. We just don't have access to his payment gateways, but we now have an API that'll give us access to view all the chargebacks and file fraud for all of them using our gateway accounts.
Every problem has been because everyone on here is trying to find a problem but there isn't one. They're creating problems then upset that it's happening. Every complaint is from them getting their service terminated because they charged back.
At the end of the day people paid Lewis for a service and he left. This isn't our responsibility to provide the service. I have no reason to give assurances that their service won't be terminated in the future. I have no reason to do anything. We're only providing services because we're a legitimate provider and trustworthy. We'll prove ourselves to our legitimate customers and build an amazing brand as we grow this thing. But we don't need the drama nor do we need to assure anyone, because if you need assurance then you should chargeback or do whatever you want.
It's not just about registering with ICO. That's just a legal responsibility when dealing with PII for UK citizens.
It's about actually respecting the GDPR regulations.
At this point you keep banging on about how everyone who's complaining isn't your customer, they're Lewis' customer, so then why the hell do you have all their PII?
Because you don't READ those things and ANSWER the questions asked.
You are so far from legit, it's unreal. Your words and your actions scream scam, even if that's not your intention.
You're asking for something that obviously would be covered by an NDA.
But again for the 3rd time I'm asking for you to cite where in GDPR compliance it states what you've been saying because I can't find it anywhere
How can you claim to be GDPR compliant when you don’t even know the basics of it, eg that storing Lewis’ customers PII makes you a processor?
I’ll ask again - do you have a data processing agreement with Lewis?
You keep on saying this and telling that your "legal team" ensures you're behaving according to regulations.
But you aren't. In true US fashion: fire that legal team.
According to EU, everyone/every company that trades in the EU (and you do) and handles personal information (an address is already a kind of personal information) should inform about the purposes of using it and get consent. I've given that when I signed up.
In case of a handover of that data to another indivudual or company, that other company is required to inform the customer of that handover. That has not happened and thus is a violation of the regulations to trade in the EU.
You're still saying you don't see why you should inform people you're delivering a service to - your "legal team" should have urged you to do so. If you consider not having a contract with them and those are not customers of yours, that doesn't change that you have a that personal data you're handling.
Confirming the existence of something is not the same as disclosing its contents. A NDA would not prohibit confirming that a legally required document exists.
Article 4.2, as per my previous comment, states that you are a processor.
Again, do you even have anyone in your alleged legal team that knows even the basics?
I have never said not to file a chargeback. Just tell us so we can delete the account and be legal.
Yes again we keep asking this same question. Why the hell are we continuing to keep this service active? Everyone keeps telling me to shut it down but the money doesn't matter. It's all this bs drama.
We have no intentions of shutting it down and already allocated all the resources for the year. Just got a new DC and servers and everything. But no matter what it seems everyone gets upset. Even if everything is perfect then they get upset.
Are the servers in the room with us right now???
The basic requirements of the GDPR:
You keep saying that we are Lewis' customers not yours. You therefore have no rights to have ANY of Lewis' customers' data.