In response to the General Data Protection Regulation (GDPR) which will be taking effect in the European Union on May 25th, 2018, ClickFunnels has updated our terms.
What is GDPR?
The European Union (EU) has taken a firm stance on personal data protection and privacy. In response, the General Data Protection Regulation (GDPR) has been created in an attempt to protect the fundamental right to privacy and protection to all citizens within the EU. Specifically, this new regulation affects any entity, which includes websites, that processes EU citizens’ personal data. This does not matter whether or not you are in the EU physically. So long as you have visitors coming to your site, you are responsible for being compliant with GDPR. This even includes your marketing campaigns. So long as EU citizens might be affected, you are required to be compliant.
Why should you care about GDPR?
Essentially, GDPR is going to change the way business and communication is done online. It is key that you possess a conscious level of transparency and communication with your visitors. You must clearly and transparently inform your visitors how you are collecting, storing, and using their data. Further, you will need to comply with any request from someone visiting your site to receive a copy of their data that you have processed on your site.
Located within our Terms, it is your responsibility to ensure that any Funnel built within ClickFunnels that is live are permitted and abide by your local laws. Any information provided below is not legal advice and you should not rely upon it as legal advice. It is your responsibility to take action to make sure you are compliant. The GDPR is a very expansive and detailed regulation and requires multiple actions from any site owner. If you are concerned about your pages and Funnels being compliant, seek legal advice to further understand and prepare yourself for any requirements stated within the GDPR.
Who does the GDPR Apply to?
Ultimately, this applies to any citizen within the EU and any business that might process personal data for anyone within the EU. This doesn’t matter whether you are physically within the EU or not. You will be able to read the full list of rights under the GDPR in our terms.
Your Next Steps with ClickFunnels
If You are a ClickFunnels User, then that probably means You are a business owner, using the ClickFunnels software to sell goods and services to Your customers. With respect to the customer data that You provide to ClickFunnels, ClickFunnels is a data processor and will comply with its obligations under the GDPR; but with respect to Your customers, You are probably a data controller, and if any of Your customers is a citizen or a resident of a country in the European Union, then You must ensure that You comply with Your obligations as a data controller under the GDPR; namely, You must ensure that You afford Your Customers the rights identified in our listed Terms section (a) – XII. Your Rights Under the GDPR. ClickFunnels sells software; it does not provide legal advice or legal services, nor does it sell a “done-for-you” GDPR compliance package. Please consultant legal counsel of Your own choosing for advice on what You need to do to comply with GDPR.
Please make yourself familiar with our updated terms and seek professional help to find out how you can make your Funnels, pages, and business compliant with the GDPR.
- Important Tools and Resources you may find useful in your journey to GDPR Compliance;
- Our GDPR Terms and Policies: https://signup.clickfunnels.com/gdpr-policy
- Data Privacy Tools Living Document: https://docs.clickfunnels.com/faqs/data-privacy-tools
- CheckBox Element: https://docs.clickfunnels.com/page-editor/checkbox-element
- Actionetics Smart Lists: https://docs.clickfunnels.com/actionetics/email-lists/how-to-create-a-smart-list-in-actionetics
- Double Opt-in Confirmation Example: https://docs.clickfunnels.com/other/how-to-setup-a-email-double-opt-in-confirmation-process