v1.2 Dec 2020
The EU General Data Protection Regulation (“GDPR”) came into force across the European Union on May 25, 2018 and brought 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.
Exclaimer (‘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, as is demonstrated by our ISO/IEC 27001 certification. However, we recognise our obligations in updating and expanding this program to meet the demands of the GDPR.
Exclaimer 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 Regulation.
Is Exclaimer GDPR compliant?
Yes. Exclaimer has undertaken a review of its systems, processes and practices to ensure they are consistent with the terms laid down as part of the General Data Protection Regulations (GDPR). Exclaimer has also analysed its wider business operations to ensure they meets its obligations under the new regulations and has made any changes where necessary.
The infrastructure that we use to operate our ‘Exclaimer’ service is based in a number of different territories. The specific territory chosen for you is based on your choice of country at the point of creating your subscription. This gives you the choice and security of knowing where your data is. EU customers can choose EEA data centres to protect their personal data.
Once our service has received an email from Microsoft 365 (formerly Office 365) or Google Workspace (formerly G Suite), there is no onward transfer of your data by Exclaimer other than handing it back to Microsoft 365 or Google Workspace once it has been imprinted. This typically means that for EU customers, if you choose an EEA country when you subscribe, your personal data is kept within the EEA and the only time it may leave the EEA is if you are seeking technical support at a time when support is provided by a non-EEA based Exclaimer company in which case we had safeguards in place to protect your personal data (see below)
Exclaimer's GDPR compliance in more detail
Exclaimer engaged outside legal assistance to ensure that we are fully compliant with the new regulations.
In addition, Exclaimer can confirm that in order to meet the requirements of the GDPR, we have reviewed the following processes:
Data Protection – Our Information Security Management Systems have been reviewed to ensure they meet the standards and requirements of the GDPR. Accountability and governance measures are in place to ensure that we understand and adequately disseminate and evidence our obligations and responsibilities; with a dedicated focus on privacy by design and the rights of individuals.
Policies – we have updated our privacy notices and data handling policies to reflect Exclaimer’s new obligations and practices. We have trained our team to ensure the increased privacy requirements are understood and maintained throughout our organisation;
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 communicated to all employees, making them aware of the reporting lines and steps to follow.
If you believe a data breach to have occurred, please send an email to [email protected] and we will reply as per our breach policy.
International Data Transfers & Third-Party Disclosures – where Exclaimer 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. Our procedures include a continual review of the countries with sufficient adequacy decisions, as well as provisions for binding corporate rules; standard data protection clauses or approved codes of conduct for those countries without.
We carry out strict due diligence checks with all recipients of personal data to assess and verify that they have appropriate safeguards in place to protect the information, ensure enforceable data subject rights and have effective legal remedies for data subjects where applicable. Specifically, if the EU decides post Brexit transition (i.e. from 1 January 2021) that the UK has “adequate” safeguards in place from a GDPR perspective, then transfers of personal data from EU customers to Exclaimer in the UK will still be covered by GDPR and have all the safeguards in place that were there prior to Brexit. The UK has already enacted all GDPR laws into its laws so any transfers from the UK to the EU are also protected in the same way.
Pending the EU decision on “adequacy” for the UK and to cover any transfers to other non-EU countries (if ever needed), Exclaimer has also put in place two protections for any personal data transferred by EU customers to Exclaimer in the UK:
Our End User License Agreement has been updated to include the standard model contractual clauses into our agreement with EU customers (pursuant to Article 46 of the GDPR) – see www.exclaimer.com/company/legal/eula; and
We have signed an inter-company data transfer agreement between all of the Exclaimer companies which ensures that the standard model contracts clauses are also in place between the Exclaimer companies so that if any of their support personnel are dealing with your support query outside of the EU, then your personal data is also protected
Data Subject Access Request (DSAR) – we have revised our DSAR procedures to accommodate the revised 30-day timeframe for providing the requested information and for making this provision free of charge.
Our new procedures detail how to verify the data subject, what steps to take for processing an access request, what exemptions apply and a suite of response templates to ensure that communications with data subjects are compliant, consistent and adequate.If you wish to make a DSAR to Exclaimer, please in the first instance send an email to [email protected].. We will take steps to confirm your identity before any further action is taken.
Sub-Processors / 3rd Parties - We have enhanced our due diligence process when choosing to work with service providers to confirm their compliance with applicable GDPR requirements;
Contracts / Data Processing Agreements – We have updated our contracts and processing agreement. These measures include initial and ongoing reviews of the service provided, the necessity of the processing activity, the technical and organisational measures in place and compliance with the GDPR.
Continual Assessment – We continue to assess the GDPR’s enhanced privacy requirements and supervisory authority guidance to ensure ongoing compliance.
In addition, to give customers further assurance, all data processed by Exclaimer is securely managed according to the standards of our ISO/IEC 27001:2013 Certification.
Has Exclaimer appointed a Data Protection Officer?
Yes, we have appointed Daniel Richardson, Exclaimer’s Chief Technology Officer, as our Data Protection Officer who can be contacted at [email protected].
How do I make a Data Subject Access Request (DSAR)?
If you wish to make a DSAR to Exclaimer, please in the first instance send an email to [email protected].
We will take steps to confirm your identity before any further action is taken.
If you have further questions about Exclaimer’s GDPR policies or service options that may assist you with your GDPR compliance needs, please liaise with your Exclaimer representative or email [email protected].