GDPR: The EU Data Protection Law

Updated 1, JANUARY 2020

Learn about obligations under the GDPR, and how KIND MARKETING™ is designed to help you achieve GDPR compliance.



KIND MARKETING™ has always made security and privacy among its highest priorities. That's why we've committed not only to provide tools to facilitate your compliance with the GDPR, but to educate you on your responsibilities as a business owner. As the GDPR's scope is broad, and the potential penalties for noncompliance are large, we've ensured that our tools are available to all of our customers, at no additional cost.

This page will outline some of the key GDPR principles and terms and present how they apply to your use of KIND MARKETING™. Please review this carefully and share it with your privacy team with the legal documents listed below.


Disclaimer: This guide is not and should not be considered legal advice. Please consult a legal professional for details on how the GDPR may impact your business, and what you need for compliance.


General Data Protection Regulation (“GDPR”)

The GDPR is a unified regulation that supersedes and universalizes previous privacy laws in Europe, offering citizens and residents of the European Union (EU) greater transparency and controls over how their personal data is used by others. The GDPR requires the compliance of businesses which transact in Europe, or which facilitate transaction in Europe.


Controllers and Processors

There are two key roles defined in the GDPR with respect to personal data: Controller and Processor. The Controller is the business -- you. As a customer of KIND MARKETING™, you operate as the Controller when using our products and services. You have the responsibility for ensuring that the personal data you are collecting is being processed in a lawful manner pursuant to the GDPR and that you are using processors, such as KIND MARKETING™, that are committed to handling the data in a compliant manner.


KIND MARKETING™ is considered a Processor. We act on the instructions of the Controller (you), which come in the form of in-KIND MARKETING™ or external (API) requests. Like Controllers, Processors have an obligation to explain what they do with personal data. However, as a Processor, we rely on you, the Controller of the data and our customer, to ensure that there is a lawful basis for processing.


Processors may, in the performance of their service, use other third-parties in the processing of personal data. These entities are known as sub-processors. For example, KIND MARKETING™ leverages cloud infrastructure providers like Amazon Web Services, Rackspace, as well as other services like SendGrid.


With the implementation of the GDPR, we’re updating our privacy policy and End User License Agreements to include data processing sections that ensure that any business that requires a GDPR-compliant processor can use KIND MARKETING™.


These documents will be available before the GDPR goes into full enforcement on May 25, 2018.


Processing of Personal Data

In order to process personal data, you need a lawful basis for processing. There are several methods to establish a lawful basis for GDPR compliance, but the most likely mechanisms you will rely on when communicating with your customers and leads is one of the following:


1. Consent – Much of the GDPR revolves around the concept that your leads and customers have consented to you collecting their personal data, to you using (e.g. processing) their data, or to receiving communications. According to the ICO, the following criteria must be met to show valid consent:11.


A. Consent must be freely given. This means giving people genuine, ongoing choice and control over how you use their data.


B. Consent should be obvious and require positive action to opt in. Consent requests must be prominent, unbundled from other terms and conditions, concise, user-friendly, and easy to understand.


C. Consent must specifically cover the data Controller’s name, the purposes of the processing, and the types of processing activity.


D. Explicit consent must be expressly confirmed in words, rather than by any other positive action.


E. There is no set time limit for consent. How long it lasts will depend on the context. You should review and refresh consent as appropriate.


In short, under the GDPR (and it's a good idea in general), consent must be obtained by a “clear affirmative act”. In contrast to ‘clear affirmative acts’ pre-checked boxes or implicit consent are inadequate to establish consent.


If you are relying on consent as the lawful basis for processing data, the GDPR requires recorded evidence that consent has been given. You thus need in your business the ability to record proper consent for each customer and lead. When you enable the GDPR functionality in KIND MARKETING™, you have the ability to obtain your lead's consent at the point of opt-in, and that consent will be registered as a tag associated with that lead.


Note: KIND MARKETING™ cannot control what you do with leads in an automated, API environment. You will need to ensure that, when KIND MARKETING™ is acting as a sub-processor, that you use your main processor's to ensure you are compliant with the GDPR. (If your main processor is not GDPR compliant, that could be difficult.)


2. Contract – In addition to consent, another lawful basis for processing data is if the processing of personal data is necessary for the performance of a contract. Password reset, billing notifications, and onboarding communication would likely fall under this lawful basis. In other words, if it’s a customer who transacts with you, there are certain processing tasks that must be undertaken for your to provide the service. Likewise, to keeps its commitments under its EULA and provide service to you, KIND MARKETING™ has to perform certain processing.


How KIND MARKETING™ Uses Personal Data

KIND MARKETING™ is committed to full transparency in the handling and processing of your customers’ personal data that you control.


The User Data KIND MARKETING™ collects: Name, Email, Phone, Address, Country, IP, and Username (if not a user, it's automatically generated).


KIND MARKETING™ tracks the following activities: transactions, helpdesk tickets, memberships, associated lists, and associated sequences.


Data is stored or deleted at the Controllers' request. When a Controller ceases to be an active KIND MARKETING™ customer, their accumulated data is retired to a storage cluster of servers with no front-facing access. After an arbitrary period of time, the data is deleted.


Data Subject Rights

Under the GDPR, EU data subjects are certain rights regarding their data.


These include:

The Right to Data Portability and the Right to Access:

KIND MARKETING™ offers tools to let you answer customer queries about what data you have collected through KIND MARKETING™ and what's been done with it. Keep in mind, if you have collected personal data outside of KIND MARKETING™, KIND MARKETING™ has no knowledge or ability to answer queries regarding such data.


The Right to be Forgotten and The Right to Restriction of Processing

Have a lead or customer who wants their personal data out of your database? No problem! You can remove that contact from any list or sequence -- or even delete them entirely. However, transactional records will remain intact for bookkeeping purposes (though personal data will be redacted (e.g. ‘blacked out’ from view).


Unless otherwise required by law, in the event that KIND MARKETING™ receives any type of request from a data subject, we will engage the respective customer within seven days to respond to the data subject request.


Data Processing Addendum

Our data processing addendum (DPA) to our End-User Licensing Agreement formalizes many of the details described on this site in specific legal language. As part of the EULA, the DPA will govern the terms by which KIND MARKETING™, as a data processor, processes data on behalf of its customers (who are typically data controllers) in accordance with Article 28 of the GDPR.


These include

• sub-processors engaged in delivering our services

• countries through which the data is passed (cross-border protocol)

• security measures undertaken to ensure that your data is kept private

• breach notification protocol



In accordance with Article 38 of the GDPR, members of the public may contact the DPO with regard to issues related to processing of their personal data and to exercise their rights under the GDPR – for example, to object to the processing of their data in cases where the data controller (i.e., KIND MARKETING™’s customer) does not provide an adequate response.

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