Deep House Amsterdam’s GDPR Compliance Statement
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.
We, Deep House Amsterdam 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 the EU Data Protection Bill.
Deep House Amsterdam 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 preparation and objectives for GDPR compliance have been summarised in this statement and include the development and implementation of new data protection roles, policies, procedures, controls and measures to ensure maximum and ongoing compliance.
How We are Preparing for the GDPR
[This is where you should provide an overview of what measures you are taking to become and remain GDPR compliant. This will differ slightly from business to business, however we have given some examples below. You can customise/reduce the below to suit your needs.]
Deep House Amsterdam already have a consistent level of data protection and security across our organisation, however it is our aim to be fully compliant with the GDPR by the 25th of May 2018. Our preparation includes: –
- Information Audit – carrying out a company-wide information audit to identify and assess what personal information we hold, where it comes from, how and why it is processed and if and to whom it is disclosed.
- Policies & Procedures – [revising/implementing new] data protection policies and procedures to meet the requirements and standards of the GDPR and any relevant data protection laws, including: –
- Data Protection – our main policy and procedure document for data protection has been overhauled to 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.
- 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 – We do not share our data with any third-party companies.
- 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. 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.
- Legal Basis for Processing – we are reviewing all processing activities to identify the legal basis for processing and ensuring that each basis is appropriate for the activity it relates to. Where applicable, we also maintain records of our processing activities, ensuring that our obligations under Article 30 of the GDPR and Schedule 1 of the Data Protection Bill are met.
- Privacy Notice/Policy – we have revised our Privacy Notice(s) to comply 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 – we [have revised/are revising] our consent mechanisms for obtaining personal data, ensuring 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. We have developed stringent processes for recording consent, making sure that we can evidence an affirmative opt-in, along with time and date records; and an easy to see and access way to withdraw consent at any time.
- Direct Marketing – we [have revised/are revising] the wording and processes for direct marketing, including clear opt-in mechanisms for marketing subscriptions; a clear notice and method for opting out and providing unsubscribe features on all subsequent marketing materials.
- Data Protection Impact Assessments (DPIA) – where we process personal information that is considered high risk, involves large scale processing or includes special category/criminal conviction data; we have developed stringent procedures and assessment templates for carrying out impact assessments that comply fully with the GDPR’s Article 35 requirements. We have implemented documentation processes that record each assessment, allow us to rate the risk posed by the processing activity and implement mitigating measures to reduce the risk posed to the data subject(s).
- Processor Agreements – where we use any third-party to process personal information on our behalf (i.e. Payroll, Recruitment, Hosting etc), we have drafted compliant Processor Agreements and due diligence procedures for ensuring that they (as well as we), meet and understand their/our GDPR obligations. 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.
- 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 our website of an individual’s right to access any personal information that Deep House Amsterdam BV 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
Deep House Amsterdam 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: password policy, IT and authentication
GDPR Roles and Employees
Deep House Amsterdam have designated Lex van Aken as our appointed person and is responsible for promoting awareness of the GDPR across the organisation, assessing our GDPR readiness, identifying any gap areas and implementing the new policies, procedures and measures.
Deep House Amsterdam understands that continuous employee awareness and understanding is vital to the continued compliance of the GDPR and have involved our employees in our preparation plans.
If you have any questions about our preparation for the GDPR, please contact firstname.lastname@example.org
Deep House Amsterdam’s E-Mail Unlock Service
Welcome to Email Unlock, an application provided by SoundCloud Limited (“SoundCloud”, “we” “our”, “us”).
Description of Email Unlock
Email Unlock is an application that enables you to download available audio content for free in exchange for entering your e-mail address, providing Deep House Amsterdam/London with the agreement to send email marketing messages to you.
Your Use of Email Unlock
(i) In exchange for a free download of audio content we are allowed to send out email marketing messages to you from our side and relevant third parties; and
Data Protection and Privacy
We hereby acknowledge, accept and agree that: (i) your use of the Application will involve the collection of email addresses of individual consumers (“Data”), and (ii) such Data is/are personal data and/or personally identifiable information of such consumers. As such we hereby represent, warrant and undertake to you as follows:
SoundCloud will collect and store the Data submitted by consumers. SoundCloud will send an email to consumers to validate their email address, and when such email addresses are confirmed, SoundCloud will make those confirmed email addresses available to you to export from the Application. Once these email addresses are exported, SoundCloud will delete the email addresses and are only in our Deep House Amsterdam/London database.
We hereby acknowledge and agree that, for the purposes of the European Data Protection Directive 95/46/EC as implemented by relevant national law, we are the “data controller” and SoundCloud is the “data processor” with respect to Data. SoundCloud will only process Data in accordance with our instructions (this Agreement constituting those instructions), and will employ commercially reasonable technical and organisational security measures to protect against any unauthorised processing of Data, and accidental loss or destruction of such Data. SoundCloud may from time to time appoint one or more sub-processors to carry out processing activities on SoundCloud’s behalf.
(all the below under ‘Disclaimer’ withheld by SoundCloud is also applicable for Deep House Amsterdam/London)
The application is provided “as is”, “as available”, and “with all faults”.
SoundCloud and its subsidiaries, affiliates, successors and assigns, and their respective employees, agents, directors, officers and shareholders specifically disclaim all of the foregoing warranties to the fullest extent permitted by law, together with any express or implied warranties regarding non-infringement, merchantability, fitness for a particular purpose and compliance with applicable law.
Where the law of any jurisdiction limits or prohibits the disclaimer of implied or other warranties as set out above, the above disclaimers shall not apply to the extent that the law of such jurisdiction applies to this agreement.
Limitation of Liability
If you are dissatisfied with the application, your sole and exclusive remedy is to discontinue using the application.
Deep House Amsterdam/London and its subsidiaries, affiliates, successors and assigns, and their respective employees, agents, directors, officers and shareholders shall have no liability for:
(i) any loss or damage arising from:
(a) your inability to access or use the Application or any part or parts thereof;
(b) any changes that SoundCloud may make to the Application or any part or parts thereof;
(c) any errors or omissions in the technical operation of the Application, or from any inaccuracy or defect in any part of the application;
(ii) any loss or damage to any computer hardware or software, any loss of data, or any loss or damage from any security breach; and/or
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the application must be filed within one (1) year after such claim or cause of action arose.
You may terminate this Agreement at any time by ceasing your use of the Application.
This Agreement is subject to the laws of the United Kingdom of the Netherlands, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (international private law); and you hereby agree, and SoundCloud agrees, to submit to the exclusive jurisdiction of the courts in The Hague, The Netherlands for resolution of any dispute, action or proceeding arising in connection with this Agreement.
Date: May 24, 2018