Red Oxygen will be compliant with the requirements of the GDPR at the time of its commencement on 25th May 2018. In preparation for the commencement of GDPR, Red Oxygen 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.
Red Oxygen 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.
2. Red Oxygen as a processor.
Red Oxygen 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, Red Oxygen acts as a processor.
3. Subject matter of processing.
The subject matter of Red Oxygen’s processing activities for GDPR purposes comprises the provision of a service for customers to send messages to, and/or receive messages from their end users.
4. Nature and purpose of processing.
Messages are processed by Red Oxygen 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, Red Oxygen’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. Red Oxygen 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, Red Oxygen’s customer necessarily has sole control over the specific categories of data subjects that may be the subject of processing by Red Oxygen.
7. Level of risk associated with processing.
Typically, the personal data that Red Oxygen 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 Australia and operated under contract by suitably qualified third parties.
9. Who has access to the personal data?
Access to personal data stored by Red Oxygen is restricted. Specified customer and technical support personnel have limited access for the sole purpose of performing the messaging services that Red Oxygen is contracted to perform and to address any customer queries arising out of the performance of those services.
Red Oxygen 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 Red Oxygen pursuant to a GDPR compliant contract. Red Oxygen does not provide personal data to any other third parties.
10. How long do we store personal data?
Red Oxygen 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.
Red Oxygen recognizes 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 in Australia on 1800 770 758 or North America on 1866 990 8398. Red Oxygen 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).