GDPR

Basic GDPR concepts

Controller and processor

The GDPR imposes various obligations on a person depending on whether they are a controller or a processor of personal data.

A controller is an entity which decides to process personal data, and makes decisions regarding the basis of processing and the methods which will be used. Controllers have certain obligations regarding personal data, which you should familiarize yourself with before collecting personal data from your customers.

A processor is an entity which processes data for and on behalf of a controller. They make no independent decisions regarding the data or its processing, as they only process it on behalf of the controller and must comply with all instructions given by the controller.

When you use the Marketsurge service, you are a controller. You are in control of the data you upload to the Marketsurge system, what you do with that data, and why. As a result, you are responsible for ensuring that you have a legal basis on which to process the data, and that you do not retain the data for any longer than is necessary.

You should ensure that you understand your obligations as a controller, and update your own systems and policies to allow the lawful transfer of personal data to Marketsurge. Marketsurge is a data processor. We, through the Marketsurge platform, store and manage the data you have collected under your instructions. We will never use any personal data which you have uploaded to the Marketsurge system for our own purposes or without your instruction.

Legal basis for processing

Personal data may only be collected and processed if there is a legal basis for doing so. The allowable legal bases are set out in the GDPR.

As a processor, Marketsurge relies on our customers to select the correct basis under which they will be collecting and processing personal data, and to put the appropriate notices and consents in place. Before you use the Marketsurge service, you should take time to identify which legal bases may be available to you, and only collect and retain personal data to the extent necessary to carry out that basis. You should not change the basis under which you have collected personal data without very good reason, so it is important to understand the requirements of the different bases and make sure you select the right one at the start.

Data subject access rights

The GDPR grants data subjects (i.e. your customers) certain rights relating to their personal data, including the right to access, correct and/or delete any data relating to them.

Marketsurge has put in place easy systems for you to inform us if you receive such a request from a data subject, and for us to inform you if we receive such a request. We will ensure that, following your instructions, these requests are promptly complied with. You should familiarize yourself with the obligations which will be imposed on you, including relating to any personal data you hold on your own systems, or services other than Marketsurge.

Transfers of data to the USA

Personal data may not be transferred outside the EEA other than under specific circumstances. We utilize the Standard Contractual Clauses as part of our Data Processing Agreement which we sign with all of our customers.

Data Security

We have put in place strong security safeguards and measures to ensure that any personal data we hold is stored securely. We regularly test our products for bugs and vulnerabilities.

We ensure that we have regular back-up systems in place, and ensure that we have data recovery and data integrity systems and processes to minimize risk of corruption to or loss of personal data.