Last updated: 18 May 2018
Effective date: 25 May 2018
What is GDPR and who does it apply to?
The GDPR is EU regulation designed to protect the privacy of EU citizens and impacts all organizations that process the personal data of such citizens, regardless of whether an organization itself is based in the EU.
The GDPR is effective from 25 May 2018 and aims to give EU citizens and residents greater control over their personal data, while simultaneously simplifying the regulatory environment for international business that takes place in the EU.
The GDPR describes different requirements depending on how an organization handles data subjects’ personal data.
- “Data Controllers” are businesses that collect customer data and also decide how, when and why that customer data is processed.
- “Data Processors” are businesses that carry out the processing of customer data on behalf of a Data Controller.
Vero is both a Data Controller in our relationship with our own customers, and a Data Processor in our role as an organization that helps other businesses process their customer data (we generally refer to this as End User Data).
Vero’s GDPR compliance
In line with our commitment to GDPR compliance, we have reviewed, updated and modified many of our internal practices and policies to ensure we meet GDPR requirements as Data Controller and Data Processor.
Below is an overview of several key things we’ve put in place to ensure such compliance.
Data Processing Addendum
We offer a data processing addendum (DPA) for our customers who collect data from data subjects in the EU. Our DPA offers contractual terms that meet GDPR requirements. We have published this DPA inside your Vero account and customers that require a DPA agreement with Vero in our role as the processor can download and execute a copy of our DPA here.
To ensure that no terms are imposed on Vero beyond what is reflected in our DPA and Terms of Service, in most scenarios we cannot agree to sign customers’ DPAs. We are a small team and do not have an in-house legal team. Changes to our standard DPA require legal counsel and this is typically cost-prohibitive for our team. If you are unable to comply with our standard DPA, please email us at firstname.lastname@example.org – we are happy to discuss your concerns and our options.
We maintain an internal matrix identifying all data subject with which Vero interacts and the categories of data collected about each of these data subjects. This matrix has been built in response to the GDPR deadline and will be maintained going forward whenever changes to Vero’s product, infrastructure, marketing or other organizational elements occur.
Using this matrix we are able to review and validate the legal basis for collecting and processing personal data and ensure that we have in place the appropriate security and privacy safeguards across our infrastructure and software ecosystem.
Third Party Vendors
We maintain a list of third-party vendors on our website here. We have reviewed and minimised this list as much as possible.
We either have already put in place, or are finalising, the correct agreements with each of these vendors (for the 25 May 2018 deadline).
We maintain an internal Breach Management Policy that outlines the process our team should follow in the event of a suspected data breach. We have updated this document in response to the GDPR and other relevant data privacy regulations.
Data Subject Rights in our role as Processor
Ways in which Vero helps you comply with GDPR as a Processor
If you are working with EU customers, you need to be able to provide them with the ability to access, update, retrieve and remove personal data. We’ve offered self-service features that help support these requirements from day one.
As part of providing Vero’s software and services, we offer the following features that will help you fulfil the rights of data subjects in your role as a Data Controller:
- “Delete” requests (“Right to be forgotten”, “Right to the restriction of processing”). We provide a /delete endpoint via our API. This endpoint removes the customer and all of their data from Vero’s systems. You can also remove users directly in the UI, or raise a request via our helpdesk at email@example.com
- Updating customer data (“Right to rectification”, “Right to object”). Calling Vero’s /identify API endpoint updates and overrides a customer’s user properties, enabling you to respond to customer requests to ensure accuracy in the data you have about them. You can also update user records using Vero’s UI or our CSV import functionality.
- Exporting customer data (“Right to data portability”). You can download a copy of all user details (user properties) as part of a segment export in Vero. If you would like to export a user, or users’, full event history, please email us at firstname.lastname@example.org with the ID / name of the segment to export.
- Event tracking (fulfillment of Consent). Vero’s events enable you to track granular data about your customers. Ensuring that you track consent given by customers is critical under GDPR and our events can assist in this process.
We store all data provided to Vero indefinitely unless your account is terminated. In this case, we will dispose of all data in accordance with our Terms of Service, and data will be deleted promptly.
A note on consent
Under GDPR you must have a legal basis for all data processing. As a Data Controller using Vero, it is likely that consent will be one of the legal bases used to ensure compliance for the data you send us.
In order to be valid, this consent must be verifiable. As the Data Controller, it is your obligation to ensure you have researched and reviewed your consent-gathering processes. The following does not constitute legal or compliance advice, but provides some suggestions as to how we have seen Data Controllers manage consent:
- Verifiable consent requires a stored record of how and when a customer agreed to let you process their data. Vero’s events capture the activity and timestamp of a user activity and are our recommended basis for tracking consent.
- Unambiguous and explicit consent requires that data subjects take an action to affirmatively consent to the data being processed. An example of this is actively ticking a box as part of a signup or subscription process. This opt-in process must include a message that clearly (in plain language) states the ways in which the data subject’s personal data will be used. Examples of ways in which you are likely to use data when using Vero include:
- Transferring the user’s contact data to Vero
- Sending the user email messages using Vero
- Tracking behavioural interactions for email marketing purposes
If you rely on consent to process customers’ personal data, double check where and why your contacts shared their data with you to make sure that the consent you obtained meets the GDPR’s standards.
Data Subject Rights in our role as Controller
If you are a customer of Vero based in the EU, you should be able to access, update, retrieve and remove your own personal data.
You may edit the data you have provided to Vero open and manage your Vero account in the Account area, once logged in. If you would like an export of such data or to otherwise discuss the personal data we store, please email us at email@example.com. Refer to our Privacy Notice for information regarding the collection, storage and management of personal data provided to us.
We have also implemented cookie preferences. Please refer to our Cookie Notice for further details and access to your preferences.
We are here to assist
We take data privacy seriously and think the GDPR is a great step forward for data subjects. If you have any questions regarding GDPR or data privacy, please don’t hesitate to email us at firstname.lastname@example.org.