GDPR Compliance Statement

Introduction

The EU General Data Protection Regulation (“GDPR”) comes into force across the European Union on 25th May 2018 and brings with it the most significant changes to data protection law in two decades. Based on privacy by design and taking a risk-based approach, the GDPR has been designed to meet the requirements of the digital age.

The 21st Century brings with it broader use of technology, new definitions of what constitutes personal data, and a vast increase in cross-border processing. The new Regulation aims to standardise data protection laws and processing across the EU; affording individuals stronger, more consistent rights to access and control their personal information.

Our Commitment

Aftersend Limited referred to as Aftersend (‘we’ or ‘us’ or ‘our’) are committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. We have always had a robust and effective data protection program in place which complies with existing law and abides by the data protection principles. However, we recognise our obligations in updating and expanding this program to meet the demands of the GDPR and Data Protection Act 1988.

AFTERSEND are dedicated to safeguarding the personal information under our remit and in developing a data protection regime that is effective, fit for purpose and demonstrates an understanding of, and appreciation for the new Regulation. Our compliance is summarised in this statement.

AFTERSEND already have a consistent level of data protection and security across our organisation, however in order to be fully compliant with the GDPR we have conducted the following:

• Information Audit – a company-wide information audit to identify and assess what personal information we hold.

Personally identifiable information as defined by National Institute of Standards and Technology (NIST) definition

The following data, often used for the express purpose of distinguishing individual identity, clearly classify as PII under the definition used by the NIST (described in detail below):

• Full name
• Home address
• Email address
• National insurance number
• Passport number
• Vehicle registration
• Driver's license number
• Face, fingerprints, or handwriting
• Credit card numbers
• Digital identity
• Date of birth
• Birthplace
• Genetic information
• Mobile number
• Login name

AFTERSEND only holds four of the above pieces of information relating to our customers- potential and existing- namely; full name, email address (company only unless freely supplied), mobile number and login name. We are also identifying where information comes from where it comes from, how and why it is processed and if and to whom it is disclosed.

Policies & Procedures – data protection policies and procedures meet the requirements and standards of the GDPR and any relevant data protection laws, including:

• Data Protection – Our policy and procedure document for data protection meets the standards and requirements of the GDPR.
• Data Retention & Erasure – we have updated our retention policy and schedule to ensure that we meet the ‘data minimisation’ and ‘storage limitation’ principles and that personal information is stored, archived and destroyed compliantly and ethically. We have dedicated erasure procedures in place to meet the new ‘Right to Erasure’ obligation and are aware of when this and other data subject’s rights apply; along with any exemptions, response timeframes and notification responsibilities.
• Data Breaches – our breach procedures ensure that we have safeguards and measures in place to identify, assess, investigate and report any personal data breach at the earliest possible time. Our procedures are robust and have been disseminated to all employees, making them aware of the reporting lines and steps to follow.
• International Data Transfers & Third-Party Disclosures – where AFTERSEND stores or transfers personal information outside the EU, we have robust procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of the data.
• Subject Access Request (SAR) – we have revised our SAR procedures to accommodate the revised 30-day timeframe for providing the requested information and for making this provision free of charge.
• Legal Basis for Processing – The GDPR (General Data Protection Regulation) lays out a series of 6 legal bases for processing. Each data controller must determine which to apply.

Only two of those are potentially applicable for AFTERSEND to consider – consent and legitimate interest.

If relying upon consent, the data subject must agree to the holding and processing of their information at the point of collection of that information. Ours is a compiled database – in the main, people do not register to be included; they do not find us – we find them. This requires specific research and the gathering of information, often from various sources which we have listed in full below under data sources. In this way we can compile a full professional picture (full name; company name; company telephone number; company address; job title; email address and direct telephone number).

The legal basis of processing that we employ is Legitimate Interest. The GDPR specifically states that direct marketing can be considered a legitimate interest.

• Privacy Policy – our Privacy Policy complies with the GDPR, ensuring that all individuals whose personal information we process have been informed of why we need it, how it is used, what their rights are, who the information is disclosed to and what safeguarding measures are in place to protect their information.
• Obtaining Consent – Our consent mechanisms for obtaining personal data ensure that individuals understand what they are providing, why and how we use it and giving clear, defined ways to consent to us processing their information.
• Data Sources – We obtain personal data from the following sources: RainKing, DiscoverOrg, I4Business, Rhetoric Solutions and LinkedIn. This information is gathered by in-person request, from public sources, or from third party data providers. The data is business-related data, such as what can be found on a business card and does not include sensitive personal data. Our data sources process this data for direct marketing purposes, in the legitimate interest of themselves and their clients which includes ourselves. Our data sources provide password-protected, subscription access to the information within their databases. We then use the data to contact individuals on their business telephone/business email address in order to market products and/or services to the individual’s employer company. AFTERSEND are contractually prohibited from using the information to harass or otherwise violate any law or any person’s rights, and may only use the information for direct marketing purposes. Finally, we validate business data through multiple public domain sources, and this data is limited to full name, email address (company only unless freely supplied), mobile number and login name.
• Direct Marketing – Our direct marketing include methods for opting out and provide unsubscribe features on all subsequent marketing materials.
• Data Protection Impact Assessments (DPIA) – AFTERSEND does not process personal information that is considered high risk, involves large scale processing or includes special category/criminal conviction data.
• Processor Agreements – AFTERSEND does not use any third-party to process personal information on our behalf (i.e. Payroll, Recruitment, Hosting etc)
• Special Categories Data – where we obtain and process any special category information, we do so in complete compliance with the Article 9 requirements and have high-level encryptions and protections on all such data. Special category data is only processed where necessary and is only processed where we have first identified the appropriate Article 9(2) basis or the Data Protection Bill Schedule 1 condition. Where we rely on consent for processing, this is explicit and is verified by a signature, with the right to modify or remove consent being clearly signposted.

Data Subject Rights

In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, we provide easy to access information via the privacy policy and terms and conditions found on our website, of an individual’s right to access any personal information that AFTERSEND processes about them and to request information about:

• What personal data we hold about them
• The purposes of the processing
• The categories of personal data concerned
• The recipients to whom the personal data has/will be disclosed
• How long we intend to store your personal data for
• If we did not collect the data directly from them, information about the source
• The right to have incomplete or inaccurate data about them corrected or completed and the process for requesting this
• The right to request erasure of personal data (where applicable) or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use
• The right to lodge a complaint or seek judicial remedy and who to contact in such instances

Information Security & Technical and Organisational Measures

AFTERSEND takes the privacy and security of individuals and their personal information very seriously and take every reasonable measure and precaution to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures, including HTTPS protected websites, password protection and bitlocker encrypted files