USHOULDCOME LLC – GDPR ComplianceLast updated July 31, 2018
1. GDPR Compliance
Ushouldcome is compliant with the GDPR*. In preparation for the commencement of GDPR, Ushouldcome has undertaken a review of its data collection, storage and security arrangements and has implemented various system changes to reflect the data security and privacy principles entrenched by GDPR, including individual’s right of access and right to be forgotten. Ushouldcome understands the fundamental importance of data security and privacy to its customers and end users of its services, and will continue to review and update its systems and compliance policies and procedures following the commencement of the GDPR.
*as of 05/20/19
2. Ushouldcome as a processor
Ushouldcome provides a service for the sending and/or receiving of messages, principally by way of SMS. For the purposes of GDPR, when providing this service to customers, Ushouldcome acts as a processor.
3. Subject matter of processing
The subject matter of Ushouldcome’s processing activities for GDPR purposes comprises the provision of a service for customers to send messages to, and/or receive messages from, end users.
4. Nature and purpose of processing
Messages are processed by Ushouldcome strictly in accordance with customer instructions and otherwise in accordance with the requirements of relevant laws, for the purposes determined by the customer.
5. Type of personal data processed
For the purposes of GDPR, Ushouldcome’s customer will be the “controller” in relation to personal data that is processed and will thus have control over the types of personal data processed. Ushouldcome processes only that data (which may include personal data) that is transmitted in the course of sending/receiving messages in accordance with the controller’s instructions. Personal data processed include source and destination telephone number and, depending on message content, may include other personal data.
6. Categories of data subjects
As the “controller” for GDPR purposes, Ushouldcome’s customer necessarily has sole control over the specific categories of data subjects that may be the subject of processing by Ushouldcome.
7. Level of risk associated with processing
Typically, the personal data that Ushouldcome processes and the circumstances in which such data is processed, would be unlikely to result in significant harm to a data subject in the case of a data breach, however any assessment of risk associated with a potential data breach necessarily depends upon the types of personal data transmitted in the course of sending/receiving messages in accordance with the controller’s instructions and the context in which that data is processed.
8. Where is the personal data stored
Personal data is encrypted and stored in data centres located in New York and operated under contract by suitably qualified third parties.
9. Who has access to the personal data?
Access to personal data stored by Ushouldcome is restricted. Specified customer and technical support personnel have limited access for the sole purpose of performing the messaging services that Ushouldcome is contracted to perform and to address any customer queries arising out of the performance of those services. Ushouldcome may provide personal data to aggregators to facilitate the provision of the messaging services. Aggregators (who constitute sub-processors for GDPR purposes) will be engaged by Ushouldcome pursuant to a GDPR compliant contract. Ushouldcome does not provide personal data to any other third parties.
10. How long do we store personal data?
Ushouldcome retains personal data processed by it in the course of providing messaging services to its customers for the period of time necessary to enable it to complete the processing it is contracted to provide or as otherwise required to comply with its legal obligations, including its requirements to retain certain metadata for 2 years under the Telecommunications (Interception and Access) Act 1979 (Cth).
11. Exercising of rights afforded by GDPR
Ushouldcome recognises the rights that are granted to EU residents under the GDPR and will take appropriate action to ensure that those rights are actioned upon request. Any EU resident seeking to exercise a right in respect of their personal data should contact our support centre on 786-309-9414. Ushouldcome is committed to ensuring the security of personal data is maintained, and accordingly, any person making a request in respect of their personal data will be required to provide satisfactory evidence as to their right to do so (which may include, for example, their identity and EU residency).