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YOUR RIGHTS AS AN INDIVIDUAL UNDER GDPR

At LeadiQ we care not only for our customers, but also the individuals in our
database. Please review the data below to better understand your rights if you
believe we have some of your information.

‍

In our rapidly evolving digital world, our personal information is everywhere.
We are constantly being asked for our name and contact information to sign up
for services on the Internet, and websites are tracking our behaviours often
without us realizing. Against this backdrop, The General Data Protection
Regulation (“GDPR”) was enacted in the EU to protect the personal data and
privacy of EU residents and came into force on May 25th 2018.


GDPR is concerned with “personal data”, which encompasses personal information,
such as name, e-mail, address, identification card numbers etc., as well as less
obvious data taken from our GPS location, IP address or Cookie ID that allows a
person to be identified. GDPR regulates how companies, located both within and
outside of the EU, can lawfully handle EU personal data, and provides
individuals with certain rights over their own data.


In this article, we’ll take a closer look at what our rights are as individuals
under GDPR. To fully understand these rights, it is helpful to learn about the
concept of “lawful basis of processing”. Companies that process personal data
need to have a lawful basis for doing it, such as an individual’s consent or
their own legitimate interest. There are six bases and we recommend that you
read about them on the UK Information Commissioner's Office (ICO) website.‍


INDIVIDUAL RIGHTS UNDER GDPR

Chapter 3 of GDPR provides for eight specific rights that individuals have over
their personal data.



TO BE INFORMED:


What it is


When a company collects personal information about individuals, you have the
right to be informed about that collection and the use of our data, including
the purpose for processing our data, how long our data will be retained, and
if/who it will be shared with. There are specific circumstances when companies
do not need to inform you, for example, if you already know about it, or if they
deem it would involve a disproportionate amount of effort to provide.


How it works


Companies usually rely on their Privacy Policy to inform individuals at the
point in time the personal data is collected. For example, before you submit
personal information to sign up for a service, individuals are asked to read and
accept their Privacy Policy.

‍

Article 3(2) of GDPR states, “This Regulation applies to the processing of
personal data of data subjects who are in the Union…”

‍


ACCESS:


What it is


This is commonly known as Data Subject Access Requests (DSAR) and provides
individuals with the right to obtain a copy of their personal data and also
additional information about the processing of that data.


How it works

Some companies may have a webform or a contact specifically for these requests.
There is no prescribed way to make this request, which can be done verbally or
in writing. The ICO has provided some guidance on best practices when submitting
a request. No fee is payable when you exercise this right, unless the request is
unfounded or excessive, or multiple copies are requested.


Once a request has been submitted the company may need to ask for further
information to verify your identity and they have up to one month to respond
with the information requested. It may take longer to respond if the request is
complex, in which case you should be informed of that fact.





RECTIFICATION:


What it is

Individuals have the right to rectify any inaccurate personal data, and where
relevant, have incomplete data completed.


How it works

There is no prescribed way to make this request, which can be done verbally or
in writing. The ICO recommends that the request is made in writing with an
explanation of what you believe is inaccurate or incomplete, explain how the
organization should correct it, and where available, provide evidence of the
inaccuracies. You can also request restriction (see below) of the data whilst it
is being rectified. The same timeline for receiving a response applies as for a
DSAR.





ERASURE:


What it is

This is also known as “the right to be forgotten”. Individuals can only exercise
this right to have personal data deleted in the following circumstances:


 1. The original purpose for processing your data has been fulfilled and it is
    no longer necessary to continue processing to process your data.
 2. The company’s only lawful basis for the processing was your consent and you
    withdraw that consent.
 3. The company has no overriding legitimate interest to continue processing
    your data and you object to the processing.
 4. Your data is being processed for marketing purposes and you object to that.
    Your data has been processed unlawfully.
 5. The company has to erase the data to comply with a legal obligation.
    Processing that is for offering information society services to a child.

‍

How it works

If you have the right to request erasure, then the way to exercise it is the
same as above and no fee is payable. The same timeline for receiving a response
applies. Some real life examples of when you can exercise your right to be
forgotten include:


 1. If you cancel a service that you will no longer use, then it is no longer
    necessary for the company to keep your personal details.
 2. Objecting to a company that tracks your online behavior when that is not the
    company’s main business.
 3. If a company sends you marketing emails without giving you the right to
    unsubscribe, then that is unlawful processing





RESTRICTION:


What it is

Individuals have the right to restrict the processing of personal data, usually
temporarily rather than indefinitely. Individuals can only exercise this right
in the following circumstances:

 1. For the period of time a company spends verifying the accuracy of the
    personal data they have for you because of a challenge you made.
 2. For the period of time a company spends considering whether they have a
    legitimate interest ground to override your request to object to the
    processing of your personal data.
 3. Your data has been processed unlawfully (i.e. no lawful basis for
    processing) but you do not want your data to be deleted.
 4. You require the data to be held with the company, even if they don’t need it
    anymore, because you are involved in a legal claim.




How it works

This right is exercised in the same way as the other rights with no fee payable.
The same timeline for receiving a response also applies.


The right is usually exercised in conjunction with the right to rectification or
the right to object. It could also be an alternative to the right to erasure.
You should be notified before any restriction is subsequently lifted.





DATA PORTABILITY:


What it is

Individuals have the right to obtain a copy of personal data that has been
previously provided to a service provider and to reuse it for other services.
This includes the right to request that the personal data is transmitted
directly to another service provider. This right only applies to data processed
under the lawful bases of consent or performance of a contract, and the data has
to have been processed by automated means.


Whilst personal data in this context includes observations of an individual’s
activities, for example, website usage history, location data or raw data
generated from wearables, it does not include data that has been extrapolated by
the service provider, such as a user profile.


How it works

This right is exercised in the same way as the other rights with no fee payable.
The same timeline for receiving a response also applies.


One of the key benefits of this right is to facilitate easier switching from one
service provider to another.





OBJECTION:


What it is

The right to object will stop or prevent the processing of personal data.
Individuals can only exercise this right in the following circumstances:

 1. Individuals have an absolute right to stop all processing for the purpose of
    marketing.
 2. If the lawful basis of the processing is either legitimate interest, or for
    a “public task” carried out in the interest of the public or to exercise
    official authority.
 3. However, if the company can demonstrate compelling and overriding legitimate
    interest, or if the processing is related to legal action, then this trumps
    the individual’s right to object.

‍

How it works


This right is exercised in the same way as the other rights with one
qualification. If the objection is made regarding personal data processed under
legitimate interest or public task, the request needs to be accompanied with
specific reasons for the objection.





AUTOMATE DECISION MAKING AND PROFILING:


What it is

Automated decision-making means making a decision solely by automated means
without any human involvement. Profiling means automated processing of personal
data to evaluate certain things about an individual (e.g. preferences, health,
predicting behavior).

GDPR restricts companies from making solely automated decisions, including those
based on profiling, that have a negative effect on individuals. The only
scenarios when automated decision-making is allowed are when it is necessary for
the performance of a contract, it is authorized by law, or they have an
individual’s explicit consent.


How it works

If you believe that a company is using automated decision-making but shouldn’t
be, you can submit a request that they don’t subject you to this. This right is
exercised in the same way as the other rights with no fee payable. The same
timeline for receiving a response also applies.


Some examples of automated decision-making include an automatic refusal of an
online credit application or an online job application rejection without any
human intervention.


Even if a company is allowed to automate decision-making, they should offer ways
for you to express your view on the decision, get an explanation of the
decision, request human intervention in the decision-making process, and
challenge a decision.


Remember that there are many other ways that GDPR protects an individual’s
privacy and personal data. You have the right to raise concerns with the company
processing your personal data if your information:

 1. is not being kept securely or there’s been a data breach;
 2. has been disclosed;
 3. is being used for a different purpose than was meant for;
 4. is being kept longer than necessary; is being processed without a lawful
    basis.





LEADIQ RESPECTS YOUR RIGHTS

LeadiQ offers a sales prospecting platform to increase sales productivity. We
provide an efficient way to capture the contact information of new leads from
public profiles, enrich existing leads on our customer’s CRM, and build accurate
prospects lists. We maintain a database of verified contact information for over
100 million professionals that our customers use for their B2B outreach. If you
want to find out more about how our platform complies with GDPR, please read our
EU Privacy FAQ.


LeadiQ respects your right to privacy and we have procedures in place to make
sure your rights are protected. If you think your professional profile is on our
database, our Privacy Center provides you with the tools to control your data.
If you have any privacy concerns, please do contact us at support@leadiq.com.





Disclaimer: The content in this article is not to be considered legal advice and
should be used for information purposes only.

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