This Policy describes the principles of processing Personal Data that is submitted to TextMagic or that otherwise becomes available to TextMagic in connection with the use by the Clients and other users of the Website, Software, and Services.
This Policy is an agreement between the Clients and TextMagic, which states how Personal Data submitted by the Clients is processed by TextMagic on behalf of the Clients.
Please read this Policy carefully to understand the practices that TextMagic applies regarding processing of Personal Data.
This Policy constitutes an integral part of the agreement entered into between the Clients and TextMagic. By viewing the Website and/or using the Software and Services, the Clients confirm that they have familiarized themselves with this Policy, understood it, and agree to its terms. Upon initial registration with TextMagic, the Clients (via their authorized representatives) also confirm the above-said by clicking on the “Create My Account” button, which declares the Client´s acceptance of and consent to the processing of Personal Data as described in this Policy.
This Policy also constitutes an agreement between the Clients (as controllers of Personal Data) and TextMagic (as processor of Personal Data) in the meaning of article 28 of GDPR (General Data Protection Regulation (EU) No 2016/679 of the European Parliament and Council).
TextMagic shall be entitled to unilaterally review and amend this Policy from time to time. Therefore, TextMagic advises to periodically review the Policy in the case of any changes to it. Continued use of the Website, Software, and Services means the consent to any such changes.
If the Client or other users do not agree with any or all terms of this Policy or any possible changes to it, then they should immediately close the Website and cease using the Software and Services.
TextMagic has drafted this Policy in cooperation with its legal advisers in accordance with the requirements of GDPR. TextMagic does its best to ensure that the processing of Personal Data is in full compliance with applicable legal requirements.
- Client(s) means legal persons, who register themselves on the Website and use it and the Software in accordance with the Terms and this Policy for the purpose of using the Services.
- Data Subjects means all natural persons, whose personal data is submitted to TextMagic in connection with using the Website, Software, and the Services, including recipients of the Services (clients of the Clients).
- GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
- Personal data means any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as 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 of that natural person.
- Processing means any operation or set of operations that is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Service(s) means a business text-messaging service for sending notifications, alerts, reminders, confirmations and SMS marketing campaigns. Service is rendered via a Website-based SMS platform or by using the Software.
- Software means web-based interface, mobile app, and other downloadable and integrable software developed and maintained by TextMagic for the purpose of provision of the Services.
- TextMagic means TextMagic Limited, a limited liability company registered in England and Wales under company number 05286521 with the registered office at Salisbury House, Station Road, Cambridge, Cambridgeshire, CB1 2LA, who is processing personal data mainly in Estonia under its affiliate in the European Union, which is TM OPS OÜ (registry code 12395423, registered seat in Tallinn, Estonia) that processes Personal Data on behalf of TextMagic in accordance with this Policy and applicable law and all its affiliates. Therefore, European Union’s personal data protection laws shall be applied, including the GDPR.
- Terms means the terms of service of TextMagic that establish the terms and conditions of using the Website, Software, and Services by the Clients and other users.
- Website means the website of TextMagic www.textmagic.com.
Personal Data that TextMagic Processes. Objectives of Processing of Personal Data
- For the purpose of provision of the Website, Software, and the Services, TextMagic processes the Personal Data that the Clients provide about their own clients, who are the recipients of the Services. The types of such data are not restricted and depend on the decision of the Clients on how they want to use the Services and generally include the name, contact telephone number, but may also include e-mails, avatars, country, addresses, etc.
- TextMagic keeps the register of the Personal Data that it processes in accordance with this Policy.
- TextMagic processes the Personal Data upon:
- usage of the Software and Services by the Clients, including when they submit to TextMagic information about their clients;
- communication between Clients and/or Data Subjects with customer support of TextMagic in connection with the Website, Software, and Services.
- TextMagic works closely with third parties (including, for example, business partners, sub-contractors in technical, payment, and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive Personal Data from them.
- TextMagic sends messages to the Clients by electronic means (e-mail or SMS) with information about improvements to the Website, Software and Services, new proposals, and developments (direct marketing). TextMagic sends such messages to the contact details provided by representatives of the Clients at the moment of registration or updated later. The Clients confirm hereby and guarantee that contact details provided by representatives of the Clients are at all times company details of the Clients, but not personal contact details of representatives and therefore TextMagic can use such contact details freely to send its marketing messages without any additional obstacles. The Clients may at any time unsubscribe from the newsletters by clicking on the corresponding specific link contained in each newsletter.
Legal Basis for Processing Personal Data
- TextMagic processes Personal Data in accordance with the laws of the location of TextMagic and its affiliates, where the processing of Personal Data is conducted.
- TextMagic processes Personal Data submitted to it by the Clients based on the contracts with the Clients for the purpose of using the Website, Software, and Services and to the extent that this data is provided by the Clients.
- In accordance with Article 4 (7) of GDPR the Clients are the controllers of Personal Data that they submit to TextMagic for the purpose of using the Website, Software, and Services, including the data regarding clients of the Clients that the Clients submit to send and receive SMSs to and from their clients as recipients. According to Article 4 (8) of GDPR TextMagic acts as the processor on the Client’s behalf when processing the Personal Data submitted by the Clients. Therefore, the Clients:
- are fully responsible for the processing of Personal Data that they submit to TextMagic;
- guarantee to TextMagic explicitly that the Clients in order to use the Website, Software and Services have all the necessary consents and/or other legal grounds from Data Subjects for lawful processing of Personal Data in accordance with this Policy;
- confirm that they have obtained from the Data Subjects all the necessary consents for submitting Personal Data to TextMagic and processing of such data in accordance with the terms of this Policy;
- have a full overview of Personal Data that they submit to TextMagic and guarantee that all such data that they submit is necessary for use by them of the Website, Software, and Services and is kept up-to-date;
- oblige to inform TextMagic immediately of the expiry of legal grounds for the processing, modification, inaccuracy, or change to the Personal Data that the Clients submit to TextMagic.
- When using Services for direct marketing, the Clients are responsible for complying with all the legal requirements in connection with direct marketing and data subjects’ rights. TextMagic is only providing the platform for sending messages, but the Clients are solely responsible for the content of messages sent using the Services. The Clients understand that there are different legal rules for direct marketing in different countries. When the Services are used for direct marketing, the Clients must comply with all requirements for direct marketing of the country, where the receiver of the direct marketing message is residing. For instance, in EU countries the Clients are obliged to send with direct marketing a message with the information on how the Data Subject can waive from direct marketing and there are also certain requirements for the content of commercial messages.
- TextMagic processes the personal data only on documented instructions from the Clients. The Clients insert these instructions by using Services (e.g. inserting command to send messages to its clients) and by agreeing with the Policy and Terms. The instructions of the Clients for processing of Personal Data must always comply with the applicable laws and TextMagic reserves to itself the right to refuse to fulfill the instructions that are in the opinion of TextMagic unlawful.
- Taking into account the nature of the processing, TextMagic shall assist the Clients with appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the Clients´ obligation to respond to requests for exercising of Data Subject’s rights laid down in GDPR, including the right of access to Personal Data by Data Subjects, right to rectification, right to be forgotten, right to restriction of processing, etc. TextMagic shall accept instructions for the fulfillment of the rights of Data Subjects only from the Clients. Should the Data Subjects approach TextMagic with the requests for the fulfillment of their rights, TextMagic shall inform the Clients and act according to instructions from the Clients. Obligation to delete the data of Data Subjects shall always remain with the Clients and TextMagic shall not undertake deletion for and on behalf of the Clients, unless otherwise explicitly stipulated in the Policy or Terms.
- TextMagic shall assist the Clients in ensuring compliance with the obligations of guarantying security of the processing of Personal Data as established by GDPR while taking into account the nature of processing and the information available to TextMagic. Inter alia TextMagic undertakes the obligations detailed in Annex II.
- TextMagic shall make available to the Clients all information necessary to demonstrate compliance with the obligations laid down in Article 28 of GDPR and allow for and contribute to audits, including inspections, conducted by the Clients or another auditor mandated by the Clients (all at the expense of the Clients). On-site audits and inspections must be agreed with TextMagic in advance, be conducted during normal working hours, and not unreasonably disturb the everyday activity and business of TextMagic. Right to audits and inspections does not extend to the facilities and premises of Third Parties.
Transfer of Personal Data to Third Parties
- In the course of providing the Services and access to the Website and Software, TextMagic uses different third-party service providers, to whom it may also transfer Personal Data (herein: Third Parties). By virtue of this clause, the Clients are duly informed and expressly authorize, totally or partially, to use the corresponding Third-Party service providers and provide Personal Data to them, as it may be required. These service providers are detailed in Annex III.
- TextMagic shall inform the Clients of any intended changes concerning the addition or replacement of Third-Party processors and give the Clients the opportunity to object to such changes. TextMagic has the right to stop providing Services to the Clients, who object to the change concerning the addition or replacement of processors.
- TextMagic has entered into individual service provision contracts with some of the service providers. With others, the relationships are based on the general terms of service of these service providers. Prior to entering into relationships with third-party service providers, TextMagic makes its best efforts to guarantee that the terms of processing of Personal Data of its partners are in accordance with the principles of this Policy and applicable laws. For this purpose, TextMagic shall carefully review the terms of processing of Personal Data by its partners. Furthermore, TextMagic carefully screens the ongoing relationships with Third-Party service providers and in case of their non-compliance shall immediately terminate relationships with them.
- Additionally, TextMagic may disclose/transfer Personal Data:
- under applicable law, including laws outside the locations of TextMagic, its affiliates or Data Subjects;
- to comply with legal processes;
- to respond to requests from the public and government authorities including public and government authorities outside the locations of TextMagic and its affiliates;
- to enforce this Policy or Terms, to protect operations, the rights, privacy, safety, or property of TextMagic, and/or to pursue available remedies or limit the damages.
- TextMagic makes its best efforts to limit the amount of Personal Data that it transfers for processing to Third Parties as it is necessary for the provision of specific services or to pursue specific goals.
- The Website and Software may contain links that redirect to other websites. For example, when accessing services of a third party such as PayPal when making a payment. This Policy does not apply to such third-party websites, which TextMagic does not operate, and TextMagic does not accept any responsibility or liability for these policies. TextMagic advises reviewing the privacy policies of those third parties.
Transfer of Personal Data to Third Countries
- In connection with some specific development works, troubleshooting of service issues, data storage or other necessary services, TextMagic may transfer Personal Data to TextMagic’s contractors, some of which may not be working or operating in the European Economic Area, herein: Third Countries).
- Data protection levels in Third Countries might differ from the corresponding level of the European Economic Area, and some Third Countries might have a lower level of data protection.
- TextMagic shall apply appropriate safeguards when transferring Personal Data to the Third Countries and when transferring the Personal Data to the Third Countries, the measures detailed in Annex II shall be applied.
Safety Measures for Protection of Personal Data
- TextMagic takes the appropriate legal, organizational, and technical measures to protect Personal Data consistent with applicable privacy and data security laws. Security measures shall be applied to protect Personal Data from involuntary or unauthorized processing, disclosure, or destruction and are detailed in Annex II.
- TextMagic shall preserve the Personal Data as long as it is required for the use of the Website, Software and Services by the Clients, but no longer then applicable law permits preservation. The details are provided in the Annex I.
- The Clients confirm that they agree with the provided retention periods and guarantee to inform and obtain necessary approvals from their clients and representatives for application of such retention periods.
Data Protection Officer
- TextMagic has designated as the Data Protection Officer the attorney-at-law and partner from the law firm Eversheds Sutherland, Tambet Toomela, contact information: +372 6229990, e-mail [email protected].
- Should the Clients have any questions regarding this Policy or the processing of Personal Data, they are welcome to contact TextMagic with all such requests, inquiries or any complaints via e-mail: [email protected].
ANNEX IDESCRIPTION OF TRANSFER Categories of data subjects whose personal data is transferred Clients of the processor Categories of personal data transferred Contact details, location details, details of the chosen characteristics Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitations, access restrictions (including access only for staff having followed specialized training), keeping a record of access to the data, restrictions for onward transfers or additional security measures. Not applicable. The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis). On continuous basis. Nature of the processing Processing in order to provide services to the clients of the Clients Purpose(s) of the data transfer and further processing To provide the Service to the Clients The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period TextMagic shall delete the Personal Data submitted by the Clients according to the following principles:
- Personal contact data provided by the Clients and messages of the Clients shall be preserved for 60+60 days after the Client has filed a claim to delete such data;
- Initial data files submitted by the Clients shall be deleted after 60 days since data is imported to the system of TextMagic;
- Attachments that the Clients submit to be sent together with SMSs shall be preserved for a maximum of 60 days and then shall be deleted. As attachments the Clients may not upload any Personal Data;
- Log files with the activities of the Clients on the Website shall be preserved for a maximum of 1 month and audit log files shall be preserved for 2 years;
- In case of closing an account, the Clients must accept the deletion of contacts and messages.
- Contacts will be deleted after 60 days and messages after 60+60 days since the Client has given acceptance for closing an account or TextMagic has decided to close the Client’s account.
- The Clients shall have an opportunity to renew their accounts at any time (except deleted contacts and messages).
ANNEX II – TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL MEASURES TO ENSURE THE SECURITY OF THE DATADescription of the technical and organizational measures implemented to ensure an appropriate level of security, taking into account the nature, scope, context, and purpose of the processing, and the risks to the rights and freedoms of natural persons.
- TextMagic stores all Personal Data on secured servers. The security measures include:
- Access to the servers is protected with individual accounts, usernames, and passwords for each authorized person (employees/subcontractors);
- TextMagic is keeping track and a log of all activities on the servers;
- TextMagic can immediately close access to the servers to any authorized persons;
- Access to the servers is restricted in terms of (a) persons, who have access to it, (b) information, to which authorized persons have access according to the essence of their working duties, (c) actions that authorized persons can perform with Personal Data stored on the servers;
- TextMagic keeps reviewing, who of the authorized persons are actually required to have access to Personal Data and, if access is not required, will withdraw the right of access.
- In addition, TextMagic shall:
- periodically monitor its internal processes and the technical and organizational measures to ensure that the processing of Personal Data is in accordance with the applicable law. TextMagic shall also monitor the processing of Personal Data conducted by Third Parties as much as possible;
- notify the Clients in the most expedient time possible under the circumstances and without unreasonable delay and, where feasible, not later than 72 hours after having become aware of any accidental, unauthorized, or unlawful destruction, loss, alteration, or disclosure of, or access to, Personal Data (herein: Security Breach). In consultation with the Clients, TextMagic shall take appropriate measures to secure the data and limit any possible detrimental effect on the Data Subjects;
- cooperate with the Clients and provide them with information and assistance, where reasonably possible, in connection with Security Breaches, including in communication with supervisory authorities and Data Subjects;
- cooperate and assist the Clients in conducting processing impact assessments, if applicable.
- Access for the Clients to the personal cabinets on the Website is protected with individual usernames and passwords. The Clients are responsible for keeping passwords confidential. The Clients are obliged not to share passwords with anyone. In case of suspicion of unauthorized access to personal cabinets of the Clients and/or Personal Data, the Clients are obliged to immediately inform TextMagic thereof.
- TextMagic shall ensure that all its employees, contractors, agents, suppliers and consultants, who have access to the Personal Data are fully aware of and abide by their legal duties and responsibilities.
- Employees and other contractors of TextMagic are obliged by binding agreements not to disclose or make available for use to anyone other than TextMagic during their agreement with TextMagic and eternally after its termination any Personal Data that they may have access to during their agreements with TextMagic.
- TextMagic has door locks and/or door access cards in offices from where Personal Data can be accessed.
- Measures of pseudonymization and encryption of personal data.
- Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services.
- Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident.
- Processes for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures in order to ensure the security of the processing.
- Measures for user identification and authorization.
- Measures for the protection of data during transmission.
- Measures for the protection of data during storage.
- Measures for ensuring physical security of locations at which personal data are processed.
- Measures for ensuring events logging.
- Measures for ensuring system configuration, including default configuration.
- Measures for internal IT and IT security governance and management.
- Measures for certification/assurance of processes and products.
- Measures for ensuring data minimization.
- Measures for ensuring data quality.
- Measures for ensuring limited data retention.
- Measures for ensuring accountability.
- Measures for allowing data portability and ensuring erasure.]
ANNEX III – LIST OF SUB-PROCESSORSThe controller has authorized the use of the following sub-processors:
- Server service providers;
- Providers of safety measures, including fraud protection, protection, and encryption of TextMagic traffic, email domain authority detection tool;
- E-mail service providers;
- SMS sending/receiving service providers;
- Communication service providers;
- Bookkeeping and payment service providers;
- Customer support service providers;
- Data processing service providers.