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Comments
No.
1 - Because the data you have was obtained without consent.
2 - You claim that we are not your customers, and so you do not have a justified business requirement to have the data at all.
3 - The 30 days is a maximum for removing data that is no longer required, not a guideline. If you were never supposed to have the data in the first place, you don't suddenly get 30 days of grace to keep it around. You never had a legitimate reason to hold the data.
Incorrect.
You are not party to the transaction between Lewis and us, because we are not your customers (according to you).
You are providing a service for free to people who aren't your customers (according to you). That's your choice to do. Just because you choose to provide a free service to people, doesn't make them guilty of fraud.
In any case, even if we were your customers and charged back and you never cancelled the service, that is your problem not the customers. But we're not your customers, so that hypothetical is irrelevant.
But we are all Lewis' customer not yours (according to you).
What you do with your service has no relationship with what Lewis' customers do with Lewis.
None of this is a violation. What specifically are you claiming is a violation? Be specific here. What clause in your agreement with Lewis stated he wasn't allowed to give your data to someone else? What isn't authorized here and why?
@VeloxMedia Basically the long and short of it is:
If you say we are not your customers, you are breaking GDPR regulations by having our data.
If you say we are your customers, you need to honour the contracts.
As you like saying "pick a lane".
Article 7.1
YOU DO NOT HAVE OUR CONSENT TO HOLD OUR DATA
What did your agreement state about consent? Who's your data controller?
Because it's good business for the customers we plan on keeping, and the right thing to do. Also we have plenty of resources so doesn't make a difference to us. Why not just leave as is until their agreements expire with Lewis then we'll renew the ones we want and offer to upsell the others we don't?
We've invested $12 million this year on this project so far. The cost to run everyone's system is well under 1% of that. It's literally a drop in the bucket.
That doesn't matter. If we aren't your customers and you aren't being subcontracted by Lewis to fulfill all the contractual obligations, YOU have no legal basis to have ever held our data.
You can't keep any of us as customers if we are not currently your customers.
Bullshit. Lewis' claimed 3000 customers were never worth an average of $4000 each.
Again, not sure how much clearer I can make this. If you file a chargeback you have a legal obligation to notify that the service should be discontinued otherwise it's fraud.
We're not providing a free service, we're not providing a service at all. When a user initiates a chargeback they're filing a legal document stating the service isn't as described or isn't available, which is incorrect as everything is exactly how its been. The service is the same to the customer, the payment is with lewis. We're not a party in any of this. But they must notify the service to be disconnected by law otherwise it's fraud.
We must detect and delete any accounts that we become aware otherwise we're complicit in this fraud.
Again perfectly fine to do a chargeback and us deleting the account makes it much easier to get approved. So what's the issue here?
How is charging back while keeping the service not considered fraud?
Your data controller is the one that gives consent to hold the data. Who do you think gave us the data?
@VeloxMedia are you Eric or Lewis or Tom or Andrew From legal, today?
This is ALL that matters. The data controller is the one who gives consent and is responsible. How do you think we got the data?
Investment is in future growth. It's not about 3000 clients but 30,000.
I understand what you are saying. But legally, you are wrong.
Please refer to my many previous statements. You are not a party to the contract being charged back. It has ZERO relevance to you.
1 - That's not what you said earlier
2 - You clearly are providing a service
3 - If you are not, you have no reason to have our PII
The service from Lewis isn't as described or available. Lewis has sold all that to you.
Exactly you are not a party to this. You have no right to know about any chargeback happening between Lewis and his customers.
Lewis no longer providing a service to be disconnected.
Again. NO IT IS NOT FRAUD.
THERE IS NO FRAUD TO BE COMPLICIT IN
There is no issue with you deleting a service that you were never providing in the first place. You do you.
The issue is that you are lying - telling people they are committing fraud if they don't inform you about their dealings with Lewis. It has nothing to do with you.
As I said before, it's up to you whether you keep providing whatever service you like.
Chargebacks to Lewis are not fraud, because the contract with Lewis has been broken as there is no longer any guarantee of service and both Lewis and you deny any obligations to honour the service that was purchased.
Whatever keeps you entertained. Since this thread has gone completely off the rails and lacks any form of common sense it's all just a joke now.
I guess since no more complaints about us not being real, not being an exit scam, not being lewis, we're onto not being GDPR again which doesn't make sense.... Because apparently Lewis wasn't ever GDPR compliant and no one seemed to care.
I checked other companies on here and none of them seemed to mention GDPR compliance either. Again just another double standard apparently
@VeloxMedia said:
It's not "your" it's "a". A datacontroller is someone or an instance that has access to personal data of people. No, not customer, people. So when you don't have conscent from the people you have data from that you are allowed to have that data, you're in violation.
At best you could have the situation where the previous owner, in his ToS, already mentions that that data will be shifted to a third party, but still people have to be informed that it will happen or happened.
Even if you found the personal data on a street, the moment you use that data, according to EU regulations, you are a datacontroller and you should have conscent from people.
So stop asking for the conscent to Lewis; you are in violation by having access to that data and using it without having conscent that you are the one having the data or even informed people.
For the very last time:
We are either your customers and you have to honour the contracts.
Or we are not your customers and you should not have our PII, because we have not entered into any agreement with you and you claim to have no obligation to fulfill Lewis' contracts.
It's clear that you just aren't listening. I'm done trying to explain it any more. I will be reaching out to ICO in due course though.
Hmm, Schrödinger consent
That isn't correct. Please explain how Lewis isn't allowed to give consent per the customers ToS. What specifically does their agreement state about this? No one has explained where this isn't allowed in lewis's agreement with them.
And again regardless we're not in violation as we have at least 30 days.
I kindly request from any person in UK to report this clown to legal institutions there. This is a serious breach of privacy without customer's consent.
No, you have a hard MAXIMUM of 30 days. The guidelines say you should delete the data as soon as practically possible.
The 2nd one. Now what's the policy on that? Because worst case we have 30 days to announce this and that's weeks away.
And for the 100th time pop a ticket and we'll gladly delete your data.
And just to confirm you are in the EU correct? As this only applies to people in the EU.
And yes please file with the ICO. I've provided our info in a post above. We take data privacy very seriously. We'll happily get the info and delete the account like we've been trying to do.
If you have no intention of honouring the contracts, the data was transferred to you in breach of the regulations and you should not have it at all. It should be deleted immediately.
I am not in the EU. I am in the UK. The GDPR applies just as much to the UK as the EU.
👍
Please cite the source for the maximum of 30 days. And I keep offering to delete the data and will as soon as we become aware of it. But we're not aware of the data unless a chargeback or ticket comes up as we don't know what is in the EU and what isn't.
Again GDPR only applies to EU and not everyone
You are aware of it. You don't have anybody's consent to hold their data.
The GDPR also applies in the UK.
This is not about account deletion. This is about you not having the right to hold the data in the first place.
You should be the one to open a ticket with all the customers to kindly request permission to keep their data; not the other way around. This is because you were the one who did something illegal as third party - grabbing their data without requesting customer consent.
And we keep requesting them to provide info so we can honor any requests to delete data.
No breach or violation at all. Laws are crystal clear here. We're 100% legit and operating properly.
Notice how no one has stated a single actual violation. Obviously we know what we're doing.
All the circles and circles on here and not a single person has a legitimate dispute or issue with us
But hey, its christmas!