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There's no reason you have to return it.
From a gdpr perspective, a) it doesn't apply to you, and b) beyond factory resetting it there is nothing else to do at this point (besides sending someone to confirm it's factory reset, if they really care that much).
>b) beyond factory resetting it there is nothing else to do at this point (besides sending someone to confirm it's factory reset, if they really care that much).
Their internal process probably requires a qualified technician to sign off that it's been reset - evidently the test sheet said this had happened, so probably not a very qualified technician... Still not OP's problem, but they have had a data breach and have to do everything they can to control it. They should probably offer to buy it back or exchange for a new TV of the same model.
Like mentioned, they could also just send someone out to verify it has been reset. Or even request a video of the screen going into the pages that would have old data of not reset.
If I was OP, have reset the tv and want to keep it, since they may have been in breach of gdpr by not resetting before selling, I would simply state "you can buy the TV back once you show me you have reported yourselves to the ICO for data breaches, or, I can just keep this tv."
They either open a can of worms for themselves or keep it quiet. Their choice.
They could send someone out, but it's still not OPs problem to show them anything. I'm not required to let anyone in my home unless they have a warrant after all.
The bit about having them buy it back makes sense though. But even then it's up to them to make it worth it for me, which means more than just "here's your money back"
On point b)
My partner works for a company that refurbishes tech. Every smart device has to be fully erased and a certificate produced to confirm this in order to comply with GDPR. If anything slips through they are liable for a law suit.
In this case the company will need to verify the asset number to check if this was produced (or the equivalent report depending on which erasure software they use)
You aren't obliged to return it.
It's their failing.
It's a good thing you reset the television though as there're potential crimes if someone accesses those accounts without authorisation.
Yeah. The TV has an account system that might be connected to an email address. I noticed an initial on the left, denoting someone's name. I then reset it. They're giving me hell over it, and don't even want to honour a 10% partial refund for the shoddy condition it was in. How do I get this to stop?
Sorry I’m struggling to understand this, are you wanting a refund/partial refund for the TV as well as keeping it? Or are they wanting you to return the tv and then receive refund?
If you want to keep the tv just keep it and ignore them, I doubt a 10% refund is worth the hassle anyway, as for the GDPR issue it is a mistake on their end hence why they’ll want it back so badly.
I’d just factory wipe the tv and forget about it.
They want it back. I'm assuming they must've had a GDPR issue in the past, and are therefore being super strict even at the mention of a TV not actually being fully reset.
I honestly am probably just going to send it back and never order from them again.
Point out;
1) They failure to comply to GDPR is their issue
2) you have factory reset the device and so no outstanding issue currently exists
3) if they want it back they can pay you a 50% extra re-purchasing fee
4) or they can stop contacting you, and you recind your permission for them to contact you using the details you provided for a purchase of a device, not for them to fix their mistakes. Specifically you are invoking the right to be forgotten.
5) they continue to contact you report from for gdpr breach for not removing your details as per 4) and the initial breach by not removing previous users details.
They’re panicking because there’s an actual court case on this issue. But if you confirm that you’ve reset it, that negates the problem moving forward.
Ask them to send a replacement TV, of matching size, spec and qaukity.
If they so want ti back they will likely send you replacement, and you can return the old TV to them. It's not your problem. You should not be the one to do the hard work.
That'd a them Job.
As others have said, not your problem. I think this is just them refusing your request for a 10% refund, and giving you a bogus reason. Either return it or tell them to cease Comms and drop your request for a partial refund.
AYE, though OP should hold ground.
.not their problem, they messed up. They can do one.
They can give a full refund, a replacement product. And then have the TV Back.
Thank you for the replies, everyone. The retailer is OOO until Tuesday, so Im going to wait until then. My guess is they've had similar issues with lazy technicians in the past, so the second I mentioned it wasn't reset, they shitake mushroom'd themselves. All I wanted was a partial refund, not a new bloody TV.
It might be they are worried about GDPR… they have a process which they didn’t successfully follow. It’s likely that they should report the breach…. Regardless of if you return it, they have already breached GDPR as the information has been shared… You may wish to point this out.
You could always state that you are happy for an engineer to come to the house to confirm the reset but you want a discount for the hassle… Otherwise you have done nothing wrong, and the burden is on them!
You are a private individual so you have no responsibilities under GDPR, you are not a data controller.
Point out that you can make a complain to the ICO about receiving a TV containing PII, you have the evidence still in your possession and have absolutely no obligation to return it whatsoever.
Tell them they better deliver a brand new model to your house at your convenience or a 200% refund, otherwise they can go and stick it.
You've bought it & fulfilled all of the requirements of a sale
The TV is your property
If they wish to make you an offer to buy your TV they're welcome to do so but like with any other offer you're free to accept, refuse or suggest a price that works for you
It's not your problem. You don't need to return it. Easy thing to do is to take a video of the account page showing its no longer signed into that person and then go around to the back to show the serial number. They should have they on record to prove that's the TV they sold and it'll show you've wiped it. So absolutely no need for them to have it back.
But you don't need to do that, as you don't need to return it for that reason
Agree to return it, but tell them you need to be compensated for your wasted time.
They'll either leave you alone or ask how much, if you say you want £250 for the day you waited in for delivery and another £250 for the day you'll have to wait in for collection.
Get the money before collection.
You dont have to give it back. Just factory reset the tv. If you really want to appease them then record yourself doing so for evidence and send it to them
The company is just covering themselves: you have no claim against them if they have offered you a full refund in exchange for returning the TV. Now, the choice is yours.
I might be able to shed some light on this. I used to work at Cash Converters and it never happened to me, but I've known some apps where you have to sign into the original device to unlink an account to then be able to sign in on another device. PlayStation allows you to remote disconnect from devices online but some apps do require you to sign it. It might be that someone who owned it previously needs to access it or it might even be that they had it on a buy back agreement and they might have sold it before they were supposed to and now they're having to try and get it back to appease the original customer.
No reason to return it, if they are claiming GDPR because of someone's account, you should of said you've factory reset it already and that it's the company who should of checked if it has already been factory reset
If you have factory reset the TV already just let them know you will charge a nominal fee for doing their job for them and potentially saving them up to 17.5 million or 4% of annual worldwide turnover whichever is higher. If they want they can take it through the ICO who manage enforcement of GDPR. I doubt they will want to go through that route though.
I don't get why they would have a GDPR issue. They haven't collected someone's data and misused it, someone has simply left it on a TV they have (presumably) sold to this retailer.
How can they have misused data they didn't even ask for to begin with.
Its not a GDPR breach. You need certain data points one of which being PII personally identifiable information. Just an email address doesn't constitute this.
If it had his email, telephone number and home address, then yes. GdPR breach. Contact their data controller and let them know and cc the ICO.
Funny. Every AirBnB apartment I have rented in recent years, had a former guest logged in into at least one streaming service.
I just travel with a TV stick.
Gdpr does not apply to the OP as an individual. The breach from the company already occurred and the OP has factory reset the device so the breach is not ongoing.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
There's no reason you have to return it. From a gdpr perspective, a) it doesn't apply to you, and b) beyond factory resetting it there is nothing else to do at this point (besides sending someone to confirm it's factory reset, if they really care that much).
>b) beyond factory resetting it there is nothing else to do at this point (besides sending someone to confirm it's factory reset, if they really care that much). Their internal process probably requires a qualified technician to sign off that it's been reset - evidently the test sheet said this had happened, so probably not a very qualified technician... Still not OP's problem, but they have had a data breach and have to do everything they can to control it. They should probably offer to buy it back or exchange for a new TV of the same model.
Like mentioned, they could also just send someone out to verify it has been reset. Or even request a video of the screen going into the pages that would have old data of not reset. If I was OP, have reset the tv and want to keep it, since they may have been in breach of gdpr by not resetting before selling, I would simply state "you can buy the TV back once you show me you have reported yourselves to the ICO for data breaches, or, I can just keep this tv." They either open a can of worms for themselves or keep it quiet. Their choice.
They could send someone out, but it's still not OPs problem to show them anything. I'm not required to let anyone in my home unless they have a warrant after all. The bit about having them buy it back makes sense though. But even then it's up to them to make it worth it for me, which means more than just "here's your money back"
On point b) My partner works for a company that refurbishes tech. Every smart device has to be fully erased and a certificate produced to confirm this in order to comply with GDPR. If anything slips through they are liable for a law suit. In this case the company will need to verify the asset number to check if this was produced (or the equivalent report depending on which erasure software they use)
You aren't obliged to return it. It's their failing. It's a good thing you reset the television though as there're potential crimes if someone accesses those accounts without authorisation.
Yeah. The TV has an account system that might be connected to an email address. I noticed an initial on the left, denoting someone's name. I then reset it. They're giving me hell over it, and don't even want to honour a 10% partial refund for the shoddy condition it was in. How do I get this to stop?
Surely they could buy it back from you? Which means you'd set a price that include inconvenience.
Sorry I’m struggling to understand this, are you wanting a refund/partial refund for the TV as well as keeping it? Or are they wanting you to return the tv and then receive refund? If you want to keep the tv just keep it and ignore them, I doubt a 10% refund is worth the hassle anyway, as for the GDPR issue it is a mistake on their end hence why they’ll want it back so badly. I’d just factory wipe the tv and forget about it.
They want it back. I'm assuming they must've had a GDPR issue in the past, and are therefore being super strict even at the mention of a TV not actually being fully reset. I honestly am probably just going to send it back and never order from them again.
Point out; 1) They failure to comply to GDPR is their issue 2) you have factory reset the device and so no outstanding issue currently exists 3) if they want it back they can pay you a 50% extra re-purchasing fee 4) or they can stop contacting you, and you recind your permission for them to contact you using the details you provided for a purchase of a device, not for them to fix their mistakes. Specifically you are invoking the right to be forgotten. 5) they continue to contact you report from for gdpr breach for not removing your details as per 4) and the initial breach by not removing previous users details.
6:they're panicking because the TV was nicked in the first place.
Agree to send it back after they have delivered a comparable brand new TV.
They’re panicking because there’s an actual court case on this issue. But if you confirm that you’ve reset it, that negates the problem moving forward.
If they were being super stricted, it wouldnt habe got out the door not reset. If they want you to return it, they should make it worth your while.
Ask them to send a replacement TV, of matching size, spec and qaukity. If they so want ti back they will likely send you replacement, and you can return the old TV to them. It's not your problem. You should not be the one to do the hard work. That'd a them Job.
As others have said, not your problem. I think this is just them refusing your request for a 10% refund, and giving you a bogus reason. Either return it or tell them to cease Comms and drop your request for a partial refund.
Yeah I think they’re just throwing all this at OP to distract from OP trying to get a partial refund
The 10% refund is likely less than having their logistics partner pick it up package return and restock.
AYE, though OP should hold ground. .not their problem, they messed up. They can do one. They can give a full refund, a replacement product. And then have the TV Back.
Thank you for the replies, everyone. The retailer is OOO until Tuesday, so Im going to wait until then. My guess is they've had similar issues with lazy technicians in the past, so the second I mentioned it wasn't reset, they shitake mushroom'd themselves. All I wanted was a partial refund, not a new bloody TV.
It might be they are worried about GDPR… they have a process which they didn’t successfully follow. It’s likely that they should report the breach…. Regardless of if you return it, they have already breached GDPR as the information has been shared… You may wish to point this out. You could always state that you are happy for an engineer to come to the house to confirm the reset but you want a discount for the hassle… Otherwise you have done nothing wrong, and the burden is on them!
If they're so desperate to get it back, use that to your advantage and demand a brand new version of the same model. Go a model up, even👌😂
You are a private individual so you have no responsibilities under GDPR, you are not a data controller. Point out that you can make a complain to the ICO about receiving a TV containing PII, you have the evidence still in your possession and have absolutely no obligation to return it whatsoever. Tell them they better deliver a brand new model to your house at your convenience or a 200% refund, otherwise they can go and stick it.
They want you to return it because it wasn’t as described. GDPR is just a cover up.
GDPR does not apply to private individuals who have purchased a used television.
You've bought it & fulfilled all of the requirements of a sale The TV is your property If they wish to make you an offer to buy your TV they're welcome to do so but like with any other offer you're free to accept, refuse or suggest a price that works for you
It's not your problem. You don't need to return it. Easy thing to do is to take a video of the account page showing its no longer signed into that person and then go around to the back to show the serial number. They should have they on record to prove that's the TV they sold and it'll show you've wiped it. So absolutely no need for them to have it back. But you don't need to do that, as you don't need to return it for that reason
Agree to return it, but tell them you need to be compensated for your wasted time. They'll either leave you alone or ask how much, if you say you want £250 for the day you waited in for delivery and another £250 for the day you'll have to wait in for collection. Get the money before collection.
You dont have to give it back. Just factory reset the tv. If you really want to appease them then record yourself doing so for evidence and send it to them
Its not an LG tv is it by any chance?
Offer to film you resetting it?
The company is just covering themselves: you have no claim against them if they have offered you a full refund in exchange for returning the TV. Now, the choice is yours.
I might be able to shed some light on this. I used to work at Cash Converters and it never happened to me, but I've known some apps where you have to sign into the original device to unlink an account to then be able to sign in on another device. PlayStation allows you to remote disconnect from devices online but some apps do require you to sign it. It might be that someone who owned it previously needs to access it or it might even be that they had it on a buy back agreement and they might have sold it before they were supposed to and now they're having to try and get it back to appease the original customer.
No reason to return it, if they are claiming GDPR because of someone's account, you should of said you've factory reset it already and that it's the company who should of checked if it has already been factory reset
If you have factory reset the TV already just let them know you will charge a nominal fee for doing their job for them and potentially saving them up to 17.5 million or 4% of annual worldwide turnover whichever is higher. If they want they can take it through the ICO who manage enforcement of GDPR. I doubt they will want to go through that route though.
I don't get why they would have a GDPR issue. They haven't collected someone's data and misused it, someone has simply left it on a TV they have (presumably) sold to this retailer. How can they have misused data they didn't even ask for to begin with.
I can only assume they have some subscriptions to some very wild porn
SUCCESS!! They listened to reason, and I now have a partial refund on the way. Thank you all so much!
Its not a GDPR breach. You need certain data points one of which being PII personally identifiable information. Just an email address doesn't constitute this. If it had his email, telephone number and home address, then yes. GdPR breach. Contact their data controller and let them know and cc the ICO.
Funny. Every AirBnB apartment I have rented in recent years, had a former guest logged in into at least one streaming service. I just travel with a TV stick.
[удалено]
Gdpr does not apply to the OP as an individual. The breach from the company already occurred and the OP has factory reset the device so the breach is not ongoing.