When you use our services you entrust us with your valuable information. We have made it a priority to protect your data and to provide you with choices about controlling it. We understand that there are particular concerns from companies in the EU about how we use and protect your data, so we put this page together as a guide to answer some of the most common questions you may have.
Postmark's primary data and servers are hosted at ServerCentral's data center (located outside of Chicago). We currently don't have plans to add servers in the EU (GDPR does not require physical servers in the EU).
A DuPont Fabros facility, the ServerCenter data center is Type 2 SSAE 16 SOC 1 accredited and includes keycard protocols, biometric scanning protocols and round-the-clock surveillance. Our environment is colocated, meaning we have full control of the physical environment and only our policies affect the access and use of the hardware, network and software. We provide multiple levels of backups and redundancy to ensure uptime and peace of mind.
Even though Postmark itself has not undergone a SOC audit, our data center has. We can provide a copy of the SOC report for the data center after completing an NDA.
We use technical and physical controls designed to prevent unauthorized access to your personal data. We restrict access to personal data only to our employees, contractors and agents who need to know this information in order to operate, develop or improve our service. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
For even more detailed information about our security practices, you can review this help doc.
As of now our intention is to service DSR requests (such as delete and export) manually. If you have an account with us, you may access, correct, or request that we delete your personal data by contacting us at email@example.com.
This request can include personal data of other individuals, like your employees or customers that you have provided to us and who have requested this of you. We will respond to these requests within 14 days or less, which is well within the GDPR requirement of 30 days.
We comply with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework with respect to the transfer of personal data from the EEA or Switzerland, to our servers which are located In the US.
These frameworks were designed to provide companies on both sides of the Atlantic with a mechanism to comply with data protection requirements when transferring personal data from the EEA and Switzerland to the United States.
Using the EU US Privacy Shield Framework for data transfers from the EU to the US was approved on July 12, 2016 for the EU and on July 8, 2017 for the EEA. It was approved for transfer from Switzerland to the US on January 12, 2017. You can view our current certification here: https://www.privacyshield.gov/...
In 2016, the European Commission approved and adopted the new General Data Protection Regulation (GDPR). GDPR is a significant change in data protection regulation in the EU and replaces the existing legal framework (the Data Protection Directive and the various member state laws). It will come into effect on May 25, 2018.
GDPR adds some new requirements regarding how companies should protect individuals' data that they process. It also raises the stakes for compliance by increasing enforcement and imposing greater fines for breach. We are following the developments about GDPR and are taking steps to prepare for compliance.
No. Under GDPR a company is allowed to transfer personal data outside of the EU provided that it puts in place a mechanism, approved under GDPR, to make sure that personal data is adequately protected even when it is transferred outside of the EU. We have certified under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks to satisfy this requirement (more detail in the Privacy Shield tab), and also offer a Data Processing Addendum (DPA) to all customer who require it (see below information about cross border data transfers).
We chose the UK as a reasonable location for GDPR enforcement, and will reassess in 2019 before Brexit takes effect. The UK is hoping for a unique status under GDPR and are working towards it. For the time being the UK has declared it will be GDPR compliant and its new data protection bill is in line with GDPR.
Our compliance, data protection, and information security teams all worked to prepare our services for GDPR. We reviewed our data processing activities, and made any changes that was needed in advance of the GDPR effective date.
Like the Data Protection Directive that is presently in effect, GDPR includes provisions on international data transfer mechanisms. In order to comply with these provisions we have certified under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks, a mechanism that had been approved for cross border transfer of personal data under the Directive and expected to apply under GDPR as well.
We have also worked with legal counsel to create a standard Data Processing Addendum (DPA), as required under GDPR. This outlines in detail our current security practices. To receive and sign a copy of our DPA, please visit the Data Processing Addendum tab on this page.
We are working with our customers to answer any questions and address any concerns regarding how we protect their personal data and gearing up for GDPR. If you have any questions, please don't hesitate to contact us at firstname.lastname@example.org.
We offer data processing addendums (DPAs) for our customers that operate in the EU. Our DPA offers contractual terms that meet GDPR requirements and that reflect our data privacy and security commitments to our clients. You can see a sample of the addendum here.
To ensure no inconsistent or additional terms are imposed on us beyond that reflected in our standard DPA and model clauses, we cannot agree to sign customers’ DPAs. As a small team we also can’t make individual changes to our DPA since we don't have a legal team on staff. Any changes to the standard DPA would require legal counsel and a lot of back and forth discussion that would be cost prohibitive for our team.
Once you complete this form, the addendum will be signed electronically by both parties, and become legally binding. A copy of the signed addendum will be emailed to you. Drop us a line if you have any questions.