ClickFunnels and the GDPR

ClickFunnels and the GDPR
Announcements May 22, 2018 5 Comments

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.

 

Written by Korbin Voss

I'm a Billing Specialist with ClickFunnels and the ClickFunnels Blog Manager. Like you, I'm looking daily to learn more about how to effectively run an online business and build your tribe!

5 responses to “ClickFunnels and the GDPR”

  1. Casper says:

    Yes, it is our responsibility as the data controller, but we need to be able to see which signup form and the date someone signed up for our list. So it would be super helpful if that was an option in actionetics, so we can see who signed up for what and which checkboxes they clicked and when. Not just when they signed up for a list – we need to be able to tell exactly what the signup form says and when they signed up to be compliant. Other e-mail systems have incorporated this feature. Is that someone we can except from ClickFunnels and Actionetics?

    Another thing is that is not legal to send information to a company in the US unless theres a dataprocessor addendum or agreement OR if ClickFunnels has signed the EU-US Privacy Shield agreement and we refer to that in our privacy terms. Are ClickFunnels GDPR compliant as the datacontroller (with my your EU customers information) and are you a Privacy Shield participant?

  2. For people looking for more help with generating GDPR-compliant cookie opt-in and policy documents for your sites & funnels that you’ve built in ClickFunnels, iubenda has a great solution, here: https://www.iubenda.com/en/gdpr

    I’m using it for all my sites, including my funnels on ClickFunnels.

    (If you want to see reviews for how actual customers are liking it, check out their listing on ProductHunt.)

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