What is the GDPR?

The General Data Protection Regulation (GDPR) is a new European privacy law that goes into effect on May 25, 2018. The GDPR will replace the EU Data Protection Directive, also known as Directive 95/46/EC, and will apply a single data protection law throughout the EU. 

Data protection laws govern the way that businesses collect, use, and share personal data about individuals. Among other things, they require businesses to process an individual’s personal data fairly and lawfully, allow individuals to exercise legal rights in respect of their personal data (for example, to access, correct or delete their personal data), and ensure appropriate security protections are put in place to protect the personal data they process. 

We have taken steps to ensure that we will be compliant with the GDPR by May 25, 2018. 

Who does the GDPR apply to? 

The GDPR applies to all entities and individuals based in the EU and to entities and individuals, whether or not based in the EU, that process the personal data of EU individuals. The GDPR defines personal data as any information relating to an identified or identifiable natural person. This is a broad definition and includes data that is obviously personal (such as an individual’s name or contact details) as well as data that can be used to identify an individual indirectly (such as an individual’s IP address). 

We act as both a data processor and a data controller under the GDPR. 

As a data processor: When customers use our products and services to process EU personal data, we act as a data processor. For example, we will be a processor of EU personal data and information for emails processed by our system and delivered to the destination mail server. This means we will, in addition to complying with our customers' instructions, need to comply with the new legal obligations that apply directly to processors under the GDPR. 

As a data controller: We act as a data controller for the EU customer information we collect to provide our products and services and to provide timely customer support. This customer information includes things such as customer name and contact information. 

What have we done to comply with GDPR? 

We have conducted an analysis of our operations to ensure we comply with the new requirements of the GDPR. We can confirm we will be fully compliant with the GDPR by May 25, 2018. 

What personal data do we collect and store from our customers? 

We store data that customers have given us voluntarily. For example, in our role as data controller, we may collect and store contact information, such as name, email address, phone number, or physical address, when customers sign up for our products and services or seek support help. We also may collect other identifying information from our customers, such as IP address, Paypal ID. 

We separately act as a data processor when customers use our products and services to process EU personal data, such as uploading personal data to a Droplet. Customers decide what personal data, if any, is uploaded to our products and services. 

Do we transfer data internationally? 

The GDPR replicates the Data Protection Directive restrictions on transferring data outside the EU and prohibits the export of personal data outside of the EU to non-EU recipients unless the export meets certain criteria. 

Although we are headquartered in the United States, we have data centers and customers in the EU. In certain circumstances, we will process personal data that originates from the EU in the United States. We provide a level of protection of privacy that complies with the EU rules. To confirm this, we have submitted for certification of the company under the Privacy Shield. 

How do we handle delete instructions from customers? 

Customers have the ability to remove or delete information they have uploaded to our products. Likewise, customers may deactivate their account and request that all personal data we have collected and stored is deleted. Log into your account at https://portal.duocircle.com for further instructions. 

How can a customer view and download content from our services and transfer it to another provider? 

If you need to access and download content from your account we have a number of different resources available to make this as easy as possible.