1. Who are we?
    1. We are Prospect Global Ltd – trading as SoPro.io. We are a tech company providing digital marketing services to our global client base. Our processing is based primarily on the use of publicly available data to identify sales prospects for our clients. As such your privacy is important to us, we take our responsibilities seriously and will always respond quickly and courteously to any request. You can contact us using the details below.

    By email to our Data Protection Officer: adam@sopro.io
    By telephone on: +44 01772 217772

    or

    By post to Our registered office
    By email at: rob@sopro.io
    By telephone on: +44 207 030 3340


  2. Our GDPR Policy
    1. We are committed to safeguarding the privacy and accuracy of the personal
      data of Our website visitors, service users and email recipients.
    2. This policy applies where we are acting as a Controller with respect to the personal data of our website visitors, service users, email recipients and personal data collected from public sources; in other words, where we determine the purposes and means of the processing of that personal data.
    3. This policy also applies where we determine the purpose and means of the processing jointly with our clients and other companies, or where we are acting as a Processor, working on behalf of our clients to process data as required by them.In this policy, “We”, “Us” and “Our” refer to Prospect Global Ltd – trading as SoPro.
    4. Any reference to a Data Subject means a natural person whose personal data is processed by us as a Data Controller, Joint Controller or as a Data Processor, in other words, you.

  3. How We use Your personal data
    1. The General Categories of Personal Data That We May Process:
      1. Usage Data. We may process data about Your use of our website and services (“Usage Data“). The Usage Data may include Your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the Usage Data is Google Analytics as well as our analytics tracking system. This Usage Data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services, and tailoring any communication with you. We of course use this data to help us run our business as well as we can.
      2. Account Data. We may process Your Account Data (“Account Data“). The Account Data may include your name, email address, company information, and other contact and other related information we may collect about you. The source of the Account Data is generally you or your employer. The Account Data may be processed for the purposes of providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is the performance of a contract between you and us [or your employer] and/or taking steps, at your request, to enter into such a contract. In some cases we may also rely on Legitimate Interest as our lawful basis where we use your data for marketing purposes or in order to operate our business and improve our services.
      3. Service Data. We may process your personal data that are provided in the course of the use of our services (“Service Data“). The Service Data may include name, email address, telephone number, and other related information. The source of the Service Data is you or your employer. The Service Data may be processed for the purposes of providing our services and communicating with you. The legal basis for this processing is the performance of a contract between You and Us and/or taking steps, at your request, to enter into such a contract.
      4. Enquiry Data. We may process information contained in any enquiry You submit to us regarding goods and/or services (“Enquiry Data“). The Enquiry Data may be processed for the purposes of us offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent which may be withdrawn by You at any time by contacting us or contract and/or legitimate interest where your requests represents an invitation to send you information about our services.
      5. Notification Data. We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“Notification Data“). The Notification Data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent which may be withdrawn by you at any time by contacting Us.
      6. Correspondence Data. We may process information contained in or relating to any communication that you send to Us (“Correspondence Data“). The Correspondence Data may include your name, email address and the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The Correspondence Data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
      7. Public Data. We may process information found on public social networking profiles (“Public Data“) and other from other publicly available sources. This data may include name, employment information, career information. education details, job title, and other relevant information. Public Data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you and/or your employer. The legal basis for this processing is our legitimate interests, namely the administration of our business, to develop our business, and in order for us to make a profit.
      8. Legal Claims Data. We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. (“Legal Claims Data”) The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
      9. Professional Use Data. We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. (“Professional Use Data”). The legal basis for processing Legal Claims Data is our legitimate interests, namely the proper protection of Our business against risks.
      10. Third Party Data. We may process any of your personal data where we purchase this data from a third party. This includes name, address, email, phone number, other contact details, employment details etc… Where we purchase data we will ensure that the supplier has the appropriate lawful basis in place and is GDPR compliant. We will also ensure that we have appropriate evidence of consent where necessary or have an alternative appropriate lawful basis and GDPR compliance processes in place to allow us use your data.

    In addition to the specific purposes for which we may process your personal data we  may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.


  4. Our Legitimate Interest
    1. Our lawful bases for processing includes our Legitimate Interest to process your data.  In this regard we have carefully considered your rights and expectations of privacy and our rights [and the rights of our clients] to run our business.  We have considered the impact on your privacy as a result of our processing of your data and completed a balancing assessment to consider the impact on the data subjects involved and also completed a Data Protection Impact Assessment to ensure we take appropriate precautions with all data. These Legitimate Interest and Data Protection Impact Assessments helped us ensure that the rights of the data subjects are not unduly impacted and that processing of data in this way is acceptable.

  5. Source of your Personal Data
    1. We use a range of sources to provide our services including public domain and social media sources. Our approach is based on carefully targeting business contacts with offers that we believe they will be interested in.  We carefully select representatives from businesses and then only send relevant offers. Where we source data from other third parties, we will ensure these companies are GDPR compliant and that your rights are at all times protected.

  6. Sharing Your personal data with others
    1. We don’t routinely sell or share your data with other companies other than in order to provide our services to them and to meet our obligations as a company. SoPro is a prospecting and lead generation company, where we have collected your data in order to provide our service to our clients, we share your data only with that specific client. Where this is the case, we will respect your right to be informed and ensure that you are given the option to opt-out of marketing at first contact and in all subsequent communication. The Privacy Policy of our client will include their contact details to ensure you are able to exercise your rights at any time.
    2. In addition we may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) (together known as “Group Companies”) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
    3. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
    4. We may also disclose your personal data to our suppliers, partners and other carefully managed third parties as required to operate our company and provide our services. Where this is the case, we will always ensure appropriate technical and administrative controls are in place.
    5. As you would expect, in addition to the specific disclosures of personal data set out above, we may disclose your personal data where such disclosure is necessary for compliance with a binding legal obligation.

  7. International transfers of Your personal data
    1. In this section we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (“EEA”). We and Our other Group Companies have offices and facilities in Macedonia where your personal data may be processed. Transfers to Macedonia will be protected by appropriate technical and administrative safeguards included in our Terms of Contract for data processing agreed between us and our Macedonian counterparts which of course includes the standard clauses required under GDPR.
    2. Remember that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
    3. Our website contains links to external websites run by other organisations. This privacy policy applies only to our websites not those external websites that we link to, who will have their own privacy policies. We are not responsible for these external websites and their privacy policies and practices. In addition, if you linked to our website from an external site, we cannot be responsible for the privacy policies and practices of the owners and operators of that external website and recommend that you check the privacy policy of that external site.

  8. Retaining and deleting personal data
    1. This section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
    2. Notwithstanding the other provisions of this section we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

  9. Cookies
    1. By using Our website and agreeing to this policy, You consent to Our use of
      cookies in accordance with the terms of Our Cookie Policy.

  10. Automated Processing
    1. We may use automated processing and decision making to verify your contact details and to determine whether to contact you as part of a prospecting campaign on behalf of our clients. This decision making is simply used to determine whether the campaign is likely to be of interest to you and to verify your contact details.

  11. The Rights of Data Subjects
    1. In this section we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
    2. Your principal rights under data protection law are:
      1. The Right to be Informed. This is the right of Data Subjects to know details regarding the processing of their data and how we acquired their data, this information is included in this Privacy Policy.
      2. The Right To Access. You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, We will supply to You a copy of Your personal data upon request and within one month of verification of Your identity (We may extend the time within which We must provide the information by a further two months if the request is particularly complex or if there are numerous requests and We will let You know if this is the case. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
      3. The Right to Rectification. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about You completed. If the request is accepted by us, the rectification will be completed within one month (may be extended by us by a further two months if complex).We will use all reasonable endeavours to notify any third party with whom we have shared the data of any rectifications made.
      4. The Right to Erasure (also known as the “Right to be Forgotten”). In some circumstances you have the right to the erasure of your
        personal data without undue delay. However, there are exclusions of the right to erasure. We will use all reasonable endeavours to notify any third party with whom we have shared the data of any actioned erasure requests.
      5. The Right to Restrict Processing. In some circumstances you have the right to restrict the processing of your personal data. Where processing has been restricted, we may continue to store your personal data. However, we will only otherwise process it: with your consent or for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest. We will use all reasonable endeavours to notify any third party
        with whom we have shared the data of any restriction placed on the processing of Your data.
      6. The Right to Object to Processing. You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for certain tasks.
        If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override Your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
      7. The Right to Data Portability. To the extent that the legal basis for our processing of your personal data is:
      8. Rights related to automated decision-making including profiling. We do not use automated decision making (including profiling) when processing your data.
      9. Right to Complain. If you consider that our processing of your personal information infringes data protection laws, you should first contact us. If you are dissatisfied with the outcome, you have a legal right to lodge a complaint with a Supervisory Authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

  12. Contacting Us concerning the contents of this Privacy Policy
    1. If Your query relates to this Privacy Policy or should you wish to exercise one of Your Data Protection Rights as a Data Subject, you can contact us in the following ways:
      By post to Our registered office
      By email at: rob@sopro.io
      By telephone on: +44 207 030 3340
    2. If you remain unsatisfied by our response you may complain to the Information Commissioners offices at the following address:

    Information Commissioner’s Office
    Wycliffe House
    Water Lane
    Wilmslow
    Cheshire
    SK9 5AF
    www.ico.org.uk
    Wycliffe House


  13. Amendments to this policy
    1. We may update this policy from time to time by publishing a new version on our website.
    2. You should check this page occasionally to ensure you are happy with any changes to this policy.
    3. We may notify You of changes to this policy by email.

This policy was last updated on 29 March 2020

  1. Introduction

      These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Prospect Global Ltd., the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
      In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Prospect Global Ltd. and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Prospect Global Ltd. and accessing the Website in connection with the provision of such services.
      You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

  2. Intellectual property and acceptable use
      • All Content included on the Website, unless uploaded by Users, is the property of Prospect Global Ltd., our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
      • You may, for your own personal, non-commercial use only, do the following:
        • retrieve, display and view the Content on a computer screen
        • print one copy of the Content
      • You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Prospect Global Ltd..
  3. Prohibited use
      • You may not use the Website for any of the following purposes:
        • in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
        • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
        • making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
  4. Links to other websites
      • This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Prospect Global Ltd. or that of our affiliates.
      • We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
      • The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
  5. Privacy Policy and Cookies Policy
  6. Availability of the Website and disclaimers
      • Any online facilities, tools, services or information that Prospect Global Ltd. makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Prospect Global Ltd. is under no obligation to update information on the Website.
      • Whilst Prospect Global Ltd. uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
      • Prospect Global Ltd. accepts no liability for any disruption or non-availability of the Website.
      • Prospect Global Ltd. reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
  7. Limitation of liability
      • Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
      • We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
      • To the maximum extent permitted by law, Prospect Global Ltd. accepts no liability for any of the following:
        • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
        • loss or corruption of any data, database or software;
        • any special, indirect or consequential loss or damage.
  8. General
      • You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
      • These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
      • These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
      • The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
      • If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
      • Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
      • This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
  9. Prospect Global Ltd. details
      • Prospect Global Ltd. is a company incorporated in England and Wales with registered number 09648733 whose registered address is 33 Wrotham Road,, Borough Green,, Borough Green, Sevenoaks,, Kent, TN15 8DD and it operates the Website https://sopro.io/. The registered VAT number is GB234026052.

      You can contact Prospect Global Ltd. by email on ryan@sopro.io.

SoPro GDPR Compliance Statement

This statement sets out the operating procedures SoPro undertakes to ensure GDPR best practice is observed to the greatest extent possible, at all times.

  1. What is GDPR?

    The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection, storage, and processing of personal information from individuals who live in the European Union (EU).

    The Information Commissioner’s Office is the UK regulator dealing with the Data Protection Act 2018 and the General Data Protection Regulation and the Privacy and Electronic Communications (EC Directive) Regulations 2003 across the UK.

    The ICO are like the data protection police and we need to make sure we always keep on their good side. Our determination to be 100% GDPR and PECR compliance will do exactly that!

    It is important to take GDPR compliance very seriously, since the penalties for non-compliance are punitive and designed to be painful. You definitely don’t want to be on the receiving end of an ICO investigation or enforcement notice!

  2. SoPro’s relationship with you

    SoPro is a service provider, when you engage our services, we work for you, and
    when we create data, we create data exclusively for you.

    To put this in the language of GDPR and the ICO:

    • You are the data controller – data belongs to you and is not shared with any
      other client, company or third party. No messaging is sent without your
      oversight.
    • We are the data processor – we are the data processor. We work for you.
  3. Does your marketing activity qualify?

    SoPro’s services are designed and offered solely to help businesses promote to
    other businesses. I.e. B2B marketing only.

    Before launching new client activity, SoPro conducts an in-depth assessment to
    establish if the product or service, combined with the proposed targeting, meets
    the criteria for GDPR compliant business to business (b2b) marketing. This
    assessment is called the Legitimate Interest Assessment (LIA).

    Prior to conducting the LIA, suitability can usually be determined by the
    following two questions:

    1. Will the product or service being offered benefit the businesses you are
      targeting, and not the individual?The product or service that you are offering needs to be of benefit to
      the target business, and when talking to any individual, relevant to
      their business role only. It can help to consider the following
      examples:

      • If you are targeting companies that sell widgets, to offer
        marketing services designed to increase their sales of widgets,
        then there is a clear, sole benefit to the company.
      • If you are looking to contact business owners in order to help
        them invest their hard-earned wealth, despite the links to their
        professional role, this is aimed at the individual not the
        company.
    2. Are the services being provided equally beneficial to whomever may be
      contacted about them?If question one can be answered positively then a further test to the
      business nature of your offering is to consider the target individuals
      that you would like to introduce it to. The only consideration here
      should be job specific – typically department and seniority. Your offer
      should be equally relevant to whoever fills these role(s) at any given
      time, and in no way targeting any given individual.
  4. SoPro and Personally Identifiable Information (PII)

    At the core of the SoPro process is the identification of target companies.
    Whilst the details of this stage can vary, it involves no personal information
    at all. Once the list of accounts has been finalised we then determine the
    details of the individuals in the target role(s) at the companies. This stage
    typically generates Personally Identifiable Information (PII).

    Personally Identifiable Information (PII) data held is kept to an absolute
    minimum:

    • Name
    • Business email address – emails are only stored that are on the target
      company domain(s). For example, if targeting a company who’s website is
      widgets.com, emails will be @widgets.com. No personal email addresses are
      stored, ever.
    • Social profile URLs
  5. Legitimate Interests

    GDPR sets out a number of permissible circumstances (or categories) under which
    PII can be stored and processed, the most appropriate category in the case of
    SoPro is Legitimate Interests.

    This link explains the Legitimate Interests basis for storing and processing PII:
    https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/legitimate-interests/

    To ensure client activity falls into this category, prior to engaging, we will
    carry out a full Legitimate Interests Assessment (LIA) with each new client.

    Essentially the LIA is a questionnaire containing a series of questions about
    your scenario. There are 3 areas that need to be satisfied for Legitimate
    Interests to be used as a basis for processing PII:

    • Identify a legitimate interestThe legitimate interest can be your own interests or the interests of
      third parties. They can include commercial interests, individual
      interests or broader societal benefits.The data processing is generally in your interests – whether it be to
      increase market share, increase brand awareness, or engage business
      leaders.
    • Show that the processing is necessary to achieve itCan the same result be achieved differently? Core to the SoPro service is
      the efficiency and constant drive to be the most cost-effective sales
      channel which we believe cannot be replicated using other methods.
    • Balance it against the individual’s interests, rights and freedoms.Would the individual expect their data to be used in this way? Would an
      individual who lists publicly their role within a company expect to be
      contacted about services that may help that company or their department
      within the company?No data processing may replace or infringe the individuals interests or
      cause unjustified harm
  6. LIA Failures

    If SoPro determines that your planned B2B prospecting activity does not meet the
    criteria for Legitimate Interests within the scope of GDPR then we cannot
    support the activity within any regions subject to GDPR.

  7. Rights of Individuals
    • Privacy PolicyAll messages sent will contain a link to a privacy policy that explains
      to the user exactly what their rights are as well as the type of data
      that is held about them and by who.SoPro will provide a template privacy policy or review your existing one
      to ensure it meets the required standard.A link to our Privacy Policy which is based upon this template is here:
      https://sopro.io/privacy-policy/This standard privacy link would typically be contained in the email
      signature of any outbound messaging, in the case of messaging as part of
      client campaign activity, the privacy link will be that of our client’s
      own privacy policy.
    • Opting Out & Exclusion ListsAll recipients are able to opt out easily to prevent further email
      communication being received.All replies to prospecting emails are logged and those prospects are
      added to your campaign exclusion list within 24 hours.SoPro allows import of existing exclusion lists in advance of campaign
      activity. Exclusions can be submitted in the form of individual email
      addresses or full domains, and will prevent communications being issued
      to those email addresses or domains listed.
    • Subject Access RequestsAll individuals have the right to request a copy of all data you hold on
      them. To support this you can email any SAR requests to sar@sopro.io and
      we will return this data within 72 hours.
    • Right to be ForgottenAll individuals have the right to have their data removed (to be
      ‘forgotten’) which is a request that can be carried out easily by your
      SoPro account manager. Your data belongs to you and you can choose to
      delete some or all of it at any time.A conflict does arise in removing or forgetting an email address whilst
      at the same time keeping this address on an exclusion list to prevent
      future mailing. Where we have removed data, we will move the email
      address to a separate exclusion list, encrypted using a one-way hashing
      algorithm (SHA1), ensuring we are able to prevent any future messages
      being sent to the customer whilst continuing to honour their right to be
      forgotten.
  8. PECR and sending of B2B messages

    Whilst GDPR controls the storage and processing of personal data in the UK,
    sending messages is regulated under the Privacy and Electronic Communications
    Regulations (PECR). This is very clear as to the requirements on business
    communication:

    “You can email or text any corporate body (a company, Scottish partnership,
    limited liability partnership or government body). However, it is good practice
    – and good business sense – to keep a ‘do not email or text’ list of any
    businesses that object or opt out, and screen any new marketing lists against
    that.”

    https://ico.org.uk/for-organisations/guide-to-pecr/electronic-and-telephone-marketing/electronic-mail-marketing/

  9. SoPro Employees

    All SoPro employees undergo GDPR, PECR and general compliance training, this
    covers the GDPR rule set in detail, the relevance and impact of those rules on
    SoPro and our clients, and the steps we take to ensure best practice is observed
    at all times. We also make clear the consequences (I.e. penalties) associated
    with failure to meet the strict GDPR standards.

  10. Data Storage & Data Security
    • ISO 270001We do not hold the ISO 270001 accreditation however we recognise the
      standards and operate a similar or better approach in most cases. We are
      working to achieve this accreditation
    • StorageAll data regarding our clients, prospects and employees is stored in
      commercial databases hosted in tier 1 EU data centres, encrypted both a
      rest and in transit. Access to the database is secured by both username
      and password and IP address.No passwords are stored in clear text, and access to any information is
      secured by individual user account access. All users with any kind of
      access have been issued with and agreed to SoPro’s Data and IT Security
      Policy.
    • Data SecurityThe physical security of our data is managed by Azure – more details
      here:
      https://azure.microsoft.com/en-gb/blog/azure-layered-approach-to-physical-security/Our database resides in an isolated environment, behind a firewall with
      all connections restricted by default. All Data (not just PII) is
      encrypted at rest, and has an automated anomalous threat detection
      system monitoring activity.Access to all systems is provided on an individual user account basis,
      with all passwords stored as hashed strings.
    • BackupsIncremental backups are continusously updated giving the ability to
      rollback the database to any point within the past 48 hoursBackups are encrypted at restIn the event of a back up restore, RTE (Right to Erase) data removals are
      automatically re-removed during the backup restore process.
    • Duration of StorageTo ensure private information is held no longer than necessary, all PII
      that is stored or processed solely for client campaign purposes is
      removed (by overwrite) after 24 months of client inactivity (or on
      request).
  11. Non-UK regulations

    SoPro is a UK based company and operates under UK law. Where the service is used
    to target countries outside of the UK we are unable to provide guidance or take
    responsibility for any additional or differing laws that may be in place.

  12. Client responsibility

    Whilst SoPro continues to take extensive measures to ensure best practice with
    respect to GDPR and PECR across all client activity, clients should take note
    that responsibility for compliance vests (in different forms) with all parties.

    SoPro cannot be abreast of the constantly evolving regulatory frameworks in all
    countries at all times, as such it is important that you, as the client, have
    knowledge of your local regulatory climate and ensure your business operates
    within the relevant regulatory frameworks.

Lots of rumours…

“We’ve been hearing a lot of weird and wonderful rumours about the incoming GDPR
regulations so we thought a dedicated compliance FAQ would be a useful way to
address the most common questions.

I think we might be able to put your mind to rest on most of the GDPR fears, it is
certainly not as bad as many are making out. For example the idea of only being able
to contact info@… addresses is totally untrue. But it is not the worst we’ve heard…
by any stretch.

You can definitely contact name@company.com. Yes it is personal data but GDPR
clarifies that processing personally identifiable data is fine on several grounds,
including for marketing purposes, under the Legitimate Interests basis.

Consent to send email is also not required for UK B2B marketing communications, that
is legislated under the UKs PECR B2B exemption. (NB. Totally different for B2C
scenarios, but that is nothing new).

The other GDPR compliance points are a bit more labour intensive to manage such as
data storage, data security, additional policies and implementing the processes to
handle Right to be Forgotten and Subject Access requests when they come in. Plus the
usual unsubscribe and opt out lists. Oh… and staff training requirements.

Compliance is actually one of the common reasons many companies use SoPro to handle
the whole shebang. Setting up a compliant prospecting channel internally is complex,
expensive and slow. For larger firms the cost of managing compliance alone can
easily outweigh the entire cost of a SoPro campaign.

We might not be solicitors/legal experts (and I should clarify this post definitely
doesn’t constitute legal advice), but you are in safe hands with SoPro, and we are
more than happy to jump on a call with your compliance team if useful.”

– Ryan Welmans

 

B2B Prospecting and GDPR Compliance – FAQ

The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection, storage, and processing of personal information from individuals who live in the European Union (EU).

The Information Commissioner’s Office is the UK regulator dealing with the Data Protection Act 2018 and the General Data Protection Regulation and the Privacy and Electronic Communications (EC Directive) Regulations 2003 across the UK.

The ICO are like the data protection police and we need to make sure we always keep on their good side. Our determination to be 100% GDPR and PECR compliance will do exactly that!

It is important to take GDPR compliance very seriously, since the penalties for non-compliance are punitive and designed to be painful. You definitely don’t want to be on the receiving end of an ICO investigation or enforcement notice!

Most marketing formats have evolved to rely heavily on the use of customer data.
GDPR is a rule set governing the circumstances and manner in which data can be processed legally. It also introduces some scary consequences for falling foul of the law.
GDPR also sets out the framework for which types of data are considered Private and should be treated as such. The GDPR-savvy phrase used to describe private data is Personally Identifiable Information [PII].

Most businesses are surprised by the amount of Personally Identifiable Information (PII) stored within their systems, often without any specific intent or purpose.

The aim of GDPR is to provide data protection guidelines for companies that collect, store, or process personal data, this is of course almost every company! From an email outreach perspective, GDPR and PECR guidelines oblige businesses to ensure marketing emails are directed to the individuals who are likely to find the content useful and relevant in their working capacity within the target business. That is ultimately the test for designating each communication as B2B in nature, and as such qualifying for the PECR B2B exemption. On that basis we ensure that:

  • We take all reasonable precautions to identify only the types of companies that meet the exact requirements of your campaign.
  • The topic of the email is clearly identified.
  • We carefully craft every email to ensure the topic is relevant to the business prospect.
  • There is a clear way to opt out from future emails.
  • We include a link to the privacy policy of our client which clearly describes how the data was collected, the GDPR lawful basis for processing, the data subject’s  right to stop further processing, and who to contact to exercise their GDPR rights.

It’s true to say that GDPR is complicated and that when you add in PECR requirements the situation can be confusing. However, we understand that both GDPR and PECR apply and we take our obligations very seriously.

Our innovative prospecting approach is inherently GDPR and PECR compliant. We only target business customers with carefully crafted communication and ensure we meet PECR consent and opt-out requirements.

We acknowledge our GDPR responsibility and ensure we meet our obligations throughout the process and help our clients understand and meet their obligations.

We send millions of emails each year. Post GDPR, we’ve noticed that some prospects mistakenly believe that email marketing became largely illegal after May 25th 2018.

A: It didn’t. Why are we so sure? Because we have worked hard to ensure that we meet the regulations’ various guidelines on data protection, relevance, targeting, etc. It hasn’t been easy. In fact, it has taken many months of blood, sweat and tears for us to say with total confidence that every SoPro campaign is and always will be 100% GDPR compliant.

What have we changed to become GDPR compliant?

A: With a long history of supporting hundreds of clients, there are hundreds of technical and operational changes that we’ve had to make to ensure compliance. We’ve read the regulations, received legal advice and training, nominated a Data Protection Officer who has led our GDPR mission, adapted our Terms of Service and Privacy Policy, improved our database functionality and worked with our suppliers and clients in order to ensure every aspect of our operation is 100% GDPR compliant.

No.

Yes. The GDPR does not replace PECR – although it has amended the definition of consent. You need to comply with both GDPR and PECR for your business-to-business marketing.

The EU is in the process of replacing the current e-privacy law with a new ePrivacy Regulation (ePR). However, the new ePR is yet to be agreed. The existing PECR rules continue to apply (with the new definition of consent) until the new ePR is finalised.

It is recommended that businesses appoint a Data Protection Officer to oversee adherence to the rules for certain types of processing however it is not a legal requirement.

At a minimum, you should have nominated an individual able to act as your compliance officer on an immediate basis when needed. That person can be employed directly (I.e. perhaps a CTO or managing director) or employed through a compliance support service.

If you are a business conducting in-house marketing activity to help sell a product or service, then you are the data controller with respect to the data associated with that campaign. [Article 24]

If you are a provider (business entity or freelance) of marketing services, employed to help a business sell a product or service, then the client is the data controller and you are more than likely employed as the processor. [Article 28]

In this case, due to our ability to work to your exact requirements, target exactly the type of customers you are looking for with emails that look exactly like you sent them, we have determined that we are acting as Joint Controllers with you, as defined in GDPR. We work in partnership with our clients to ensure that every campaign delivers the best possible results. We jointly determine how data is to be collected, stored, and processes and as such become joint controllers. [Article 26]. Don’t worry – this is not too bad! We have produced a comprehensive Data Sharing Agreement to help us define exactly what this means.

With respect to data protection laws, B2B marketing campaigns are perfectly legal when conducted in a compliant manner and we recognise that both GDPR and PECR apply.

GDPR defines just six lawful basis on which you can process personal data. Our primary lawful basis is ‘legitimate interest’.  We have completed a full blown Data Protection Impact Assessment to ensure our approach meets GDPR requirements in full.

To ensure that your marketing is conducted in accordance with all relevant regulatory frameworks we recommend you conduct your own assessments and of course complete your own GDPR preparations.

Just in case you need help with this we’ve      prepared a Legitimate Interest Assessment (LIA) which can be undertaken on your behalf.

Not necessarily. GDPR is concerned with how we collect, store and process personal data.

Under GDPR, Consent is one lawful basis for processing personal data, but there are alternatives. In particular, you may be able to rely on ‘legitimate interests’ to justify collecting, storing, and processing personal data.

When it comes to using data for marketing purposes and questions of consent, the relevant framework is actually  PECR.

Regulations covering B2B marketing communications are generally speaking – less strict under PECR and consent is not required in B2B scenarios. You need to be careful about who you target and the type of messages you send but that’s where we come in, our approach is 100% GDPR AND PECR compliant.

For more info on the relevant regulations,      here is a link to the UK ICO’s Guide to PECR, detailing when you need consent for electronic marketing among other topics: https://ico.org.uk/for-organisations/guide-to-pecr/electronic-and-telephone-marketing/

GDPR heavily regulates the storage and processing of Personally Identifiable Information (PII).

You should map your business systems to determine the data fields you store and categorise these in terms of their GDPR status.

Generally speaking, company information is not considered PII and can be stored and processed freely, as needed. This means you do not need to obtain consent to store a database of target companies.

Personally Identifiable Information may include fields such as prospect name, email, phone number, job titles and social profile URLs.

GDPR sets out a number of permissible circumstances under which PII can be processed, the most appropriate category in this case is Legitimate Interest although other categories may apply.

This link explains the Legitimate Interests basis for processing PII: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/legitimate-interests/

To ensure marketing activity falls into this category, prior to commencing, you should carry out a full Legitimate Interests Assessment (LIA) for any marketing campaign you intend to run.

If you determine that your planned B2B prospecting activity does not meet the criteria for Legitimate Interests within the scope of GDPR you may not be able to conduct the activity within any regions subject to GDPR. However, this is very unlikely, and you should definitely talk to us before you abandon all hope!

We strongly advise that you complete your GDPR preparations regardless of whether you engage SoPro or not!  Failure to complete GDPR can lead to punitive fines and robust enforcement action by the ICO.

We have produced a template Privacy Policy and Legitimate Interest Assessment to help get you started and to allow you to start your Sopro adventure.

Your key document is your Privacy Policy.

Any marketing messages should contain a link to a privacy policy explaining exactly what the user’s rights, as well as the type of data that is held about them, by who, and how the data was collected. You need to include us in your Privacy policy just to keep us both covered.

(If needed SoPro can provide a template privacy policy or review your existing one to ensure it meets the required standard.)

The rest of the documentation is just the standard GDPR set. Probably most importantly you need to know how you will manage any sort of request from a data subject. We can also help with but for example:

Managing Opting Out & Exclusion Lists

All recipients must be able to opt out easily to prevent further email communication being received. This is typically handled with an “unsubscribe” link.

Managing Subject Access Requests
All individuals have the right to request a copy of all data you hold on them.

When you receive a SAR you must have an efficient process to supply all personally identifiable data that you hold in connection with a data subject if necessary.

Managing Right to be Forgotten Requests

All individuals have the right to have their data removed (to be ‘forgotten’). You must have a reliable, repeatable process to remove all personally identifiable data that you hold in connection with a data subject.

Whilst GDPR controls the collection, storage and processing of personal data in the UK, sending messages is regulated under the Privacy and Electronic Communications Regulations (PECR). This is very clear as to the requirements on business to business communication:

“You can email or text any corporate body (a company, Scottish partnership, limited liability partnership or government body). However, it is good practice – and good business sense – to keep a ‘do not email or text’ list of any businesses that object or opt out and screen any new marketing lists against that.”

This is where the SoPro approach really works      – we only target business customers that are likely to be interested in your products and services.

Great question – the ICOs direct marketing checklist is a great set of guidelines,
here it is:

https://ico.org.uk/for-organisations/guide-to-pecr/electronic-and-telephone-marketing/electronic-mail-marketing/

You should ensure all employees undergo GDPR, PECR and general compliance training, covering the GDPR rule set in detail and the relevance and impact of those rules on your business. This training should set out the steps you take to ensure best practice is observed at all times and make clear the consequences associated with failure to meet the strict standards.

We take data security VERY seriously. We have completed a Data Protection Impact Assessment and ensure that all appropriate security measures to protect our data and your data at all times.

Where marketing activity is conducted to target non-EU nationals these campaigns are generally not subject to the same data privacy laws and GDPR does not apply.

Just be careful and remember that GDPR applies to EU nationals that now live outside the EU. This is quite a tricky aspect so please talk to us if you are unsure.

Naturally, we cannot be abreast of the constantly evolving regulatory frameworks in all countries at all times, as such it is important that you have knowledge of your local regulatory climate and ensure your business operates within the relevant regulatory frameworks and manage your campaigns accordingly.

We have collated the most useful links available to UK businesses researching the GDPR framework, key areas, timelines, scope and likely impact on B2B marketing.

Please note that GDPR rules are implemented at an EU Government (multinational) level. Each state is separately responsible for developing it own appropriate rule set ensuring, as a minimum, compliance with the EUs GDPR framework.

The UK Government has appointed the Information Commissioner’s Office (ICO) as the official body charged with ensuring national compliance with the GDPR. In light of this the ICO has released several handy guides.

Here are the most useful links from the key official bodies, including the UKs ICO, the UK Government, the European Legislation archives and the UKs Direct Marketing Association (DMA).
We suggest you put the kettle on:
GDPR final text (English)
ICO Guide to GDPR compliance – 12 Steps to take now (PDF)
GDPR Checklist 1 (UK ICO) – Data Controllers
GDPR Checklist 2 (UK ICO) – Data Processors
PECR text (UK Gov)
PECR B2B Exemption – (ico.org)
UK Direct Marketing Association (DMA) – 7 key points for B2B Marketers
Direct Marketing Guidance – FULL VERSION (UK ICO)
Direct Marketing Checklist – TLDR VERSION OF ABOVE LINK (UK ICO)