Looking at Marketing through the GDPR Lens…
Written by
Pradyut Hande

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Looking at Marketing through the GDPR Lens…

Published : August 3, 2018

…And how Netcore Smartech Helps with Compliance

The digital age has changed how marketing functions. A direct fallout of this is data privacy issues and concerns around it.

As a business, you continue to collect specific data-points – across digital channels – to gain a holistic understanding of your customers or users, so as create the most differentiated and memorable customer experiences. This collection of data is covered under legal provisions that vary from country to country.

The General Data Protection Regulation (GDPR), introduced in the EU on May 25, 2018, is now known as one of the world’s toughest acts on data privacy and protection. It is designed to harmonize data privacy laws across Europe, to protect and empower all EU citizens data privacy, and to reshape the way organisations across the region approach data privacy.

Is GDPR Around the Corner in India?

India too is expecting a comprehensive, in-depth regulation covering data security and protection along the lines of GDPR. While it may or may not be as rigorous, it presents a great opportunity for brands and marketers – like you – to align their customer data gathering practices and protocols in an attempt to create a larger environment of trust and non-intrusiveness.

Netcore Cloud’s AI-powered growth marketing platform, now enables you to comply with GDPR, ushering a new collaborative age in responsible data-driven marketing.

Even if it doesn’t directly impact your business based on geographic considerations, you should still remain apprised of the much talked about legislation!

Before we delve into how Smartech enables you to ensure GDPR Compliance, let’s focus on some key terms around this legislation, especially in terms of Smartech’s involvement.

Data Subject: Any information that enables a person/entity (data subject) to identify, such as by a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity etc.

In this case, your customers or users would be the Data Subjects.

Data Controller: The natural or legal person, public authority, agency or another body which, alone or jointly with others, determines the purpose and means of the processing of personal data of their customers.

In this case, businesses – like yours – Smartech as an engagement platform would be the Data Controllers.

Data Processor: Any operation performed on personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, use, disclosure by transmission, dissemination, alignment or combination, restriction, erasure or destruction.

In this case, Smartech would be the Data Processor.

In a nutshell:

Netcore Smartech (Data Processor) enables its customers like you (Data Controllers) to comply with your users’ (Data Subject) requests to exercise the Rights of the Data Subject under Articles 12 – 23 of the GDPR.

As a Data Controller, you need to be mindful of the following rights that your users as Data Subjects have, with regards to the marketing communication you might send them based on the user data captured…and, just how Smartech can help with compliance

Right to Confirmation

As a Data Controller, you need to obtain a confirmation from your users as to whether or not you can collect or process their personal data.

You would also need to provide a copy of the personal data that you maybe processing, to your users at their request. As a Data Controller, you may charge a reasonable fee based on administrative costs if there are requests for further copies.

How Smartech helps: Smartech gives you the facility to export user data that would include all the attributes or activities captured for the identified user.

Right to Rectification

Your users have the right to ask you to rectify any inaccuracy, as it may be, with their personal data, without undue delay.

You also need to inform your Data Processors regarding any user-level personal data rectification.

How Smartech helps: Smartech allows you to modify user profile data.

Right to be Forgotten

As a Data Collector, you need to remember that your users have the right to be forgotten, implying that you would be required to erase all their personal data on those users requesting the same.

How Smartech helps: Smartech allows you to completely and accurately erase all the user data regarding their activities and attributes. 

Right to Restrict Brands from Processing Data

Your users have the right to restrict you from processing or “using” their personal data in case such data is inaccurate, its processing unlawful, or if your business no longer requires it.

You are required to inform such users if/when you choose to lift the restriction on processing of personal data, for whatever reason that may be.

How Smartech helps: Smartech allows you to respond to your users’ requests to restrict the processing of their personal data. Also the Web Java Script and App SDK of Smartech have the capability to stop tracking a particular user on the basis user preference.

Right of Data Portability

Your users have the right to receive their personal data for any purposes with various services. They also have the right to receive it in a structured, commonly used, and machine-readable format.

In fact, they also have the right to transmit it to another Data Controller without facing hindrance from you.

How Smartech helps: Smartech allows you to export all relevant user data.

Right to Object

Your users have the right to object to the following, regarding the processing of their personal data:

  1. Processing which is for direct marketing purposes
  2. Processing for scientific/historical research/statistical purposes
  3. Processing based on two specific purposes:
    All relate to processing carried out for specific purposes, or which is justified on a particular basis.

There is no right for an individual to object to processing in general.

How Smartech helps: Smartech enables you to restrict user data from processing under specific conditions.

To learn more about how Netcore Cloud can elevate your multi-channel marketing efforts while respecting the privacy of your end users, schedule a demo today!

For greater clarity on how GDPR might affect your business, you can always go here or drop a mail to [email protected]

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Written By: Pradyut Hande