Privacy Policy

To provide the MessageCube Products, we must process information about you. The type of information that we collect depends on how you use our Products.
Things that you and others do and provide.
·        Information and content you provide. We collect the content, communications and other information you provide when you use our Products, including when you sign up for an account, create or share content and message or communicate with others. This can include information in or about the content that you provide (e.g. metadata), such as the location of a photo or the date a file was created. It can also include what you see through features that we provide, such as our camera, so we can do things such as suggest masks and filters that you might like, or give you tips on using camera formats. Our systems automatically process content and communications that you and others provide to analyse context and what's in them for the purposes described below. Learn more about how you can control who can see the things you share.
·        Data with special protections: You can choose to provide information about your religious views, political views, who you are "interested in" or your health. This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) could be subject to special protections under the laws of your country.
·        Networks and connections. We collect information about the people, accounts, hashtags and groups that you are connected to and how you interact with them across our Products, such as people you communicate with the most or groups that you are part of. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book or call log or SMS log history), which we use for things such as helping you and others find people you may know and for the other purposes listed below.
·        Your usage. We collect information about how you use our Products, such as the types of content that you view or engage with, the features you use, the actions you take, the people or accounts you interact with and the time, frequency and duration of your activities. For example, we log when you're using and have last used our Products, and what posts, videos and other content you view on our Products. We also collect information about how you use features such as our camera.
·        Information about transactions made on our Products. If you use our Products for purchases or other financial transactions (such as when you make a purchase from a content partner), we collect information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information, other account and authentication information, and billing, delivery and contact details.
·        Things others do and information that they provide about you. We also receive and analyse content, communications and information that other people provide when they use our Products. This can include information about you, such as when others send a message to you or upload, sync or import your contact information.
Device information.
As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our Products, and we combine this information across different devices that you use. For example, we use information collected about your use of our Products on your phone to better personalise the content (including ads) or features that you see when you use our Products on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad that we showed you on your phone on a different device.

Information that we obtain from these devices includes: 
·        Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
·        Device operations: information about operations and behaviours performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).
·        Identifiers: unique identifiers, device IDs and other identifiers, such as from games, apps or accounts that you use
·        Device signals: Bluetooth signals, information about nearby Wi-Fi access points, beacons and mobile phone masts.
·        Data from device settings: information that you allow us to receive through device settings that you turn on, such as access to your GPS location, camera or photos.
·        Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, and connection speed.
·        Cookie data: data from cookies stored on your device, including cookie IDs and settings.
Information from partners.
Advertisers, app developers and publishers can send us information. These partners provide information about your activities off MessageCube – including information about your device, websites you visit, purchases you make, the ads you see and how you use their services – whether or not you have a MessageCube account. For example, a game developer could use our API to tell us what games you play, or a business could tell us about a purchase you made in its shop. We also receive information about your online and offline actions and purchases from third-party data providers who have the rights to provide us with your information.

Partners receive your data when you visit or use their services, or through third parties that they work with. We require each of these partners to have lawful rights to collect, use and share your data before providing us with any data. 

How do we use this information?
We use the information that we have (subject to choices you make) as described below, and to provide and support the MessageCube Products and related services. Here's how:

Provide, personalise and improve our Products.
We use the information we have to deliver our Products, including to personalise features and content (including your content partners and ads) and make suggestions for you (such as groups or events you may be interested in or topics you may want to follow) on and off our Products. To create personalised Products that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data that we collect and learn from you and others (including any data with special protections you choose to provide); how you use and interact with our Products; and the people, places or things that you're connected to and interested in on and off our Products.
Information across MessageCube Products and devices: We connect information about your activities on different MessageCube Products and devices to provide a more tailored and consistent experience on all MessageCube Products that you use, wherever you use them. For example, we can suggest that you join an activity that includes people you communicate with using SMS. We can also make your experience more seamless, for example, by automatically filling in your registration information (such as your phone number) from one MessageCube Product when you sign up for an account on a different Product.
·        Location-related information: We use location-related information – such as your current location, where you live, the places you like to go, and the businesses and people you're near – to provide, personalise and improve our Products, including ads, for you and others. Location-related information can be based on things such as precise device location (if you've allowed us to collect it), IP addresses and information from your and others' use of MessageCube Products (such as check-ins or events you attend).
·        Product research and development: We use the information we have to develop, test and improve our Products, including by conducting surveys and research, and testing and troubleshooting new products and features.
·        Ads and other sponsored content: We use the information we have about you – including information about your interests, actions and connections – to select and personalise ads, offers and other sponsored content that we show you.
Provide measurement, analytics and other business services.
We use the information that we have (including your activity off our Products, such as the websites you visit and ads you see) to help advertisers and other partners measure the effectiveness and distribution of their ads and services, and understand the types of people who use their services and how people interact with their websites, apps and services. 
Promote safety, integrity and security.
We use the information that we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our Products, and promote safety and security on and off MessageCube Products.
Communicate with you.
We use the information that we have to send you marketing communications, communicate with you about our Products and let you know about our Policies and Terms. We also use your information to respond to you when you contact us.

How is this information shared?
Your information is shared with others in the following ways: 
Sharing on MessageCube Products
People and accounts that you share and communicate with
When you share and communicate using our Products, you choose the audience for what you share. When you use MessageCube to communicate with people or businesses, those people and businesses can see the content you send. Your network can also see actions that you have taken on our Products, including engagement with ads and sponsored content.

Content that others share or reshare about you.
You should consider who you choose to share with, because people who can see your activity on our Products can choose to share it with others on and off our Products, including people and businesses outside the audience that you shared with. For example, when you share a post or send a message to specific friends or accounts, they can download, screenshot or reshare that content to others across or off our Products.

People can also use our Products to create and share content about you with the audience they choose. For example, people can share a photo of you at a location in a SMS/MMS, or share information about you in their posts or messages.
Apps, websites and third-party integrations on or using our Products.
When you choose to use third-party apps, websites or other services that use, or are integrated with, our Products, they can receive information about what you visit and purchase. Information collected by these third-party services is subject to their own terms and policies, not this one. 

New owner.
If the ownership or control of all or part of our Products or their assets changes, we may transfer your information to the new owner.

Sharing with third-party partners
We work with third-party partners who help us provide and improve our Products or to grow their businesses, which makes it possible to operate our companies and provide free services to people around the world. We don't sell any of your information to anyone. We also impose strict restrictions on how our partners can use and disclose the data we provide. Here are the types of third parties that we share information with: 

Content Partners: We provide aggregated statistics and insights that help people and businesses understand how people are engaging with their products and other content on and off MessageCube Products.
Advertisers: We provide advertisers with reports about the kinds of people seeing their ads and how their ads are performing, but we don't share information that personally identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us permission. For example, we provide general demographic and interest information to advertisers (for example, that an ad was seen by a woman between the ages of 25 and 34 who lives in Madrid and likes software engineering) to help them better understand their audience. We also confirm which MessageCube ads led you to make a purchase or take an action with an advertiser.
Measurement partners: We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners.
Partners offering goods and services in our Products: When you subscribe to receive premium content, or buy something from a seller in our Products, the content creator or seller can receive your public information and other information that you share with them, as well as the information needed to complete the transaction, including shipping and contact details.
Vendors and service providers: We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analysing how our Products are used, providing customer service, facilitating payments or conducting surveys.
Law enforcement or legal requests: We share information with law enforcement or in response to legal requests.



1.1 Background to the General Data Protection Regulation (‘GDPR’) The General Data Protection Regulation 2016 replaces the EU Data Protection Directive of 1995 and supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC. Its purpose is to protect the “rights and freedoms” of natural persons (i.e. living individuals) and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent.
1.2 Definitions used by the organisation (drawn from the GDPR)
Material scope (Article 2) – the GDPR applies to the processing of personal data wholly or partly by automated means (i.e. by computer) and to the processing other than by automated means of personal data (i.e. paper records) that form part of a filing system or are intended to form part of a filing system.
Territorial scope (Article 3) – the GDPR will apply to all controllers that are established in the EU (European Union) who process the personal data of data subjects, in the context of that establishment. It will also apply to controllers outside of the EU that process personal data in order to offer goods and services, or monitor the behavior of data subjects who are resident in the EU.
1.3 Article 4 definitions
Establishment – the main establishment of the controller in the EU will be the place in which the controller makes the main decisions as to the purpose and means of its data processing activities. The main establishment of a processor in the EU will be its administrative centre. If a controller is based outside the EU, it will have to appoint a representative in the jurisdiction in which the controller operates to act on behalf of the controller and deal with supervisory authorities.
Personal data – any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Special categories of personal data – personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.
Data controller – the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Data subject – any living individual who is the subject of personal data held by an organisation.
Processing – any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation,
structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Profiling – is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyse or predict that person’s performance at work, economic situation, location, health, personal preferences, reliability, or behavior. This definition is linked to the right of the data subject to object to profiling and a right to be informed about the existence of profiling, of measures based on profiling and the envisaged effects of profiling on the individual.
Personal data breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject.
Data subject consent - means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.
Child – the GDPR defines a child as anyone under the age of 16 years old, although this may be lowered to 13 by Member State law. The processing of personal data of a child is only lawful if parental or custodian consent has been obtained. The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child.
Third party – a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Filing system – any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.

2. Policy statement
2.1 The Board of Directors and management of MessageCube Corp Inc., located at 1250 Borregas Ave, Sunnyvale, CA 94089, USA are committed to compliance with all relevant EU and Member State laws in respect of personal data, and the protection of the “rights and freedoms” of individuals whose information MessageCube Corp Inc. collects and processes in accordance with the General Data Protection Regulation (GDPR).
2.2 Compliance with the GDPR is described by this policy and other relevant policies such as the Information Security Policy 5.2, along with connected processes and procedures.
2.3 The GDPR and this policy apply to all of MessageCube Corp Inc.’s personal data processing functions, including those performed on customers’, clients’, employees’, suppliers’ and partners’ personal data, and any other personal data the organisation processes from any source.
2.4 MessageCube Corp Inc. has established objectives for data protection and privacy, which are in PIMS and GDPR Objectives Record 4.11.
2.5 GDPR Owner is responsible for reviewing the register of processing annually in the light of any changes to MessageCube Corp Inc.’s activities (as determined by changes to the data inventory register and the management review) and to any additional requirements identified by means of data protection impact assessments. This register needs to be available on the supervisory authority’s request.
2.6 This policy applies to all Employees/Staff and interested parties of MessageCube Corp Inc. such as outsourced suppliers. Any breach of the GDPR or this PIMS will be dealt with under MessageCube Corp Inc.’s disciplinary policy and may also be a criminal offence, in which case the matter will be reported as soon as possible to the appropriate authorities.
2.7 Partners and any third parties working with or for MessageCube Corp Inc., and who have or may have access to personal data, will be expected to have read, understood and to comply with this policy. No third party may access personal data held by MessageCube Corp Inc. without having first entered into a data confidentiality agreement, which imposes on the third party obligations no less onerous than those to which MessageCube Corp Inc. is committed, and which gives MessageCube Corp Inc. the right to audit compliance with the agreement.
3. Responsibilities and roles under the General Data Protection Regulation
3.1 MessageCube Corp Inc. is a data controller and/or data processor under the GDPR.
3.2 Top Management and all those in managerial or supervisory roles throughout MessageCube Corp Inc. are responsible for developing and encouraging good information handling practices within MessageCube Corp Inc.; responsibilities are set out in individual job descriptions.
3.3 GDPR Owner, Job Description & Responsibilities (4.3B), should be a member of the senior management team, is accountable to Board of Directors of MessageCube Corp Inc. for the management of personal data within MessageCube Corp Inc. and for ensuring that compliance with data protection legislation and good practice can be demonstrated. This accountability includes:
3.3.1 development and implementation of the GDPR as required by this policy; and
3.3.2 Security and risk management in relation to compliance with the policy.
3.4 GDPR Owner, who Board of Directors considers to be suitably qualified and experienced, has been appointed to take responsibility for MessageCube Corp Inc.’s compliance with this policy on a day-to-day basis and, in particular, has direct responsibility for ensuring that MessageCube Corp Inc. complies with the GDPR, as do other manager’s in respect of data processing that takes place within their area of responsibility.
3.5 The GDPR Owner have specific responsibilities in respect of procedures such as the Subject Access Request Procedure (2.2) and are the first point of call for Employees/Staff seeking clarification on any aspect of data protection compliance.
3.6 Compliance with data protection legislation is the responsibility of all Employees/Staff of MessageCube Corp Inc. who process personal data.
3.7 MessageCube Corp Inc.’s GDPR Training Policy (1.1) sets out specific training and awareness requirements in relation to specific roles and Employees/Staff of MessageCube Corp Inc. generally.
3.8 Employees/Staff of MessageCube Corp Inc. are responsible for ensuring that any personal data about them and supplied by them to MessageCube Corp Inc. is accurate and up-to-date.
4. Data protection principles
All processing of personal data must be conducted in accordance with the data protection principles as set out in Article 5 of the GDPR. MessageCube Corp Inc.’s policies and procedures are designed to ensure compliance with the principles.
4.1 Personal data must be processed lawfully, fairly and transparently
Lawful – identify a lawful basis before you can process personal data. These are often referred to as the “conditions for processing”, for example consent.
Fairly – in order for processing to be fair, the data controller has to make certain information available to the data subjects as practicable. This applies whether the personal data was obtained directly from the data subjects or from other sources.
The GDPR has increased requirements about what information should be available to data subjects, which is covered in the ‘Transparency’ requirement.
Transparently – the GDPR includes rules on giving privacy information to data subjects in Articles 12, 13 and 14. These are detailed and specific, placing an emphasis on making privacy notices understandable and accessible. Information must be communicated to the data subject in an intelligible form using clear and plain language. MessageCube Corp Inc.’s Privacy Notice Procedure is set out in Privacy Procedure 2.1 and the Privacy Notice 4.1 is recorded in Privacy Notice Register 4.1A
The specific information that must be provided to the data subject must, as a minimum, include:
4.1.1 the identity and the contact details of the controller and, if any, of the controller's representative;
4.1.2 the contact details of the GDPR Owner;
4.1.3 the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
4.1.4 the period for which the personal data will be stored;
4.1.5 the existence of the rights to request access, rectification, erasure or to object to the processing, and the conditions (or lack of) relating to exercising these rights, such as whether the lawfulness of previous processing will be affected;
4.1.6 the categories of personal data concerned;
4.1.7 the recipients or categories of recipients of the personal data, where applicable;
4.1.8 where applicable, that the controller intends to transfer personal data to a recipient in a third country and the level of protection afforded to the data;
4.1.9 any further information necessary to guarantee fair processing.
4.2 Personal data can only be collected for specific, explicit and legitimate purposes
Data obtained for specified purposes must not be used for a purpose that differs from those formally notified to the supervisory authority as part of MessageCube Corp Inc.’s GDPR register of processing. Privacy Procedure (2.1) sets out the relevant procedures.
4.3 Personal data must be adequate, relevant and limited to what is necessary for processing
4.3.1 The GDPR Owner is responsible for ensuring that MessageCube Corp Inc. does not collect information that is not strictly necessary for the purpose for which it is obtained (refer to DPIA Tool 4.4 for the data flow/mapping).
4.3.2 All data collection forms (electronic or paper-based), including data collection requirements in new information systems, must be include a fair processing statement or link to privacy statement and approved by the GDPR Owner.
4.3.3 The GDPR Owner will ensure that, on an annual basis all data collection methods are reviewed to ensure that collected data continues to be adequate, relevant and not excessive (Data Protection Impact Assessment Procedure 2.4 and DPIA Tool 4.4).
4.4 Personal data must be accurate and kept up to date with every effort to erase or rectify without delay
4.4.1 Data that is stored by the data controller must be reviewed and updated as necessary. No data should be kept unless it is reasonable to assume that it is accurate.
4.4.2 The GDPR Owner is responsible for ensuring that all staff are trained in the importance of collecting accurate data and maintaining it.
4.4.3 It is also the responsibility of the data subject to ensure that data held by MessageCube Corp Inc. is accurate and up to date. Completion of a registration or application form by a data subject will include a statement that the data contained therein is accurate at the date of submission.
4.4.4 Employees/Staff/customers/others] should be required to notify MessageCube Corp Inc. of any changes in circumstance to enable personal records to be updated accordingly. It is the responsibility of MessageCube Corp Inc. to ensure that any notification regarding change of circumstances is recorded and acted upon.
4.4.5 The GDPR Owner is responsible for ensuring that appropriate procedures and policies are in place to keep personal data accurate and up to date, taking into account the volume of data collected, the speed with which it might change and any other relevant factors.
4.4.6 On at least an annual basis, the GDPR Owner will review the retention dates of all the personal data processed by MessageCube Corp Inc., by reference to the data inventory, and will identify any data that is no longer required in the context of the registered purpose. This data will be securely deleted/destroyed in line with the Secure Disposal of Storage Media Procedure 11.2.7.
4.4.7 The GDPR Owner is responsible for responding to requests for rectification from data subjects within one month (Subject Access Request Procedure 2.2). This can be extended to a further
two months for complex requests. If MessageCube Corp Inc. decides not to comply with the request, the GDPR Owner must respond to the data subject to explain its reasoning and inform them of their right to complain to the supervisory authority and seek judicial remedy.
4.4.8 The GDPR Owner is responsible for making appropriate arrangements that, where third-party organisations may have been passed inaccurate or out-ofdate personal data, to inform them that the information is inaccurate and/or out of date and is not to be used to inform decisions about the individuals concerned; and for passing any correction to the personal data to the third party where this is required.
4.5 Personal data must be kept in a form such that the data subject can be identified only as long as is necessary for processing.
4.5.1 Where personal data is retained beyond the processing date, it will be minimized & encrypted in order to protect the identity of the data subject in the event of a data breach.
4.5.2 Personal data will be retained in line with the Retention of Records Procedure 2.3 and, once its retention date is passed, it must be securely destroyed as set out in this procedure.
4.5.3 The GDPR Owner must specifically approve any data retention that exceeds the retention periods defined in Retention of Records Procedure 2.3, and must ensure that the justification is clearly identified and in line with the requirements of the data protection legislation. This approval must be written.
4.6 Personal data must be processed in a manner that ensures the appropriate security
The GDPR Owner will carry out a risk assessment taking into account all the circumstances of MessageCube Corp Inc.’s controlling or processing operations.
In determining appropriateness, the GDPR Owner should also consider the extent of possible damage or loss that might be caused to individuals (e.g. staff or customers) if a security breach occurs, the effect of any security breach on MessageCube Corp Inc. itself, and any likely reputational damage including the possible loss of customer trust.
When assessing appropriate technical measures, the GDPR Owner will consider the following:
• Password protection - Laptop & Computer Security Procedure 6.2.1;
• Automatic locking of idle terminals; (6.2.1)
• Removal of access rights for USB and other memory media (9.1.2 & Secure Disposal of Storage Media 11.2.7);
• Virus checking software and firewalls (6.2.1)
• Role-based access rights including those assigned to temporary staff (9.1.2);
• Encryption of devices that leave the organisations premises such as laptops (6.2.1);
• Security of local and wide area networks (6.2.1);
• Identifying appropriate international security standards relevant to MessageCube Corp Inc.. When assessing appropriate organisational measures the GDPR Owner will consider the following:
• The appropriate training levels throughout MessageCube Corp Inc.;
• Measures that consider the reliability of employees (such as references etc.);
• The inclusion of data protection in employment contracts;
• Identification of disciplinary action measures for data breaches;
• Monitoring of staff for compliance with relevant security standards;
• Physical access controls to electronic and paper based records;
• Adoption of a clear desk policy;
• Storing of paper based data in lockable fire-proof cabinets;
• Restricting the use of portable electronic devices outside of the workplace;
• Restricting the use of employee’s own personal devices being used in the workplace;
• Adopting clear rules about passwords;
• Making regular backups of personal data and storing the media off-site;
• The imposition of contractual obligations on the importing organisations to take appropriate security measures when transferring data outside the EEA.
These controls have been selected on the basis of identified risks to personal data, and the potential for damage or distress to individuals whose data is being processed.
MessageCube Corp Inc.’s compliance with this principle is contained in its Information Security Management policy, which has been developed in line with ISO/IEC 27001:2013 and the information security policy (5.2)
4.7 The controller must be able to demonstrate compliance with the GDPR’s other principles (accountability)
The GDPR includes provisions that promote accountability and governance. These complement the GDPR’s transparency requirements. The accountability principle in Article 5(2) requires you to demonstrate that you comply with the principles and states explicitly that this is your responsibility.
MessageCube Corp Inc. will demonstrate compliance with the data protection principles by implementing data protection policies, adhering to codes of conduct, implementing technical and organisational measures, as well as adopting techniques such as data protection by design, DPIAs, breach notification procedures and incident response plans.
5. Data subjects’ rights
5.1 Data subjects have the following rights regarding data processing, and the data that is recorded about them:
5.1.1 To make subject access requests regarding the nature of information held and to whom it has been disclosed.
5.1.2 To prevent processing likely to cause damage or distress.
5.1.3 To prevent processing for purposes of direct marketing.
5.1.4 To be informed about the mechanics of automated decision-taking process that will significantly affect them.
5.1.5 To not have significant decisions that will affect them taken solely by automated process.
5.1.6 To sue for compensation if they suffer damage by any contravention of the GDPR.
5.1.7 To take action to rectify, block, erased, including the right to be forgotten, or destroy inaccurate data.
5.1.8 To request the supervisory authority to assess whether any provision of the GDPR has been contravened.
5.1.9 To have personal data provided to them in a structured, commonly used and machine-readable format, and the right to have that data transmitted to another controller.
5.1.10 To object to any automated profiling that is occurring without consent.
5.2 MessageCube Corp Inc. ensures that data subjects may exercise these rights:

5.2.1 Data subjects may make data access requests as described in Subject Access Request Procedure 2.2 this procedure also describes how MessageCube Corp Inc. will ensure that its response to the data access request complies with the requirements of the GDPR.
5.2.2 Data subjects have the right to complain to MessageCube Corp Inc. related to the processing of their personal data, the handling of a request from a data subject and appeals from a data subject on how complaints have been handled in line with the Complaints Procedure 2.9.

6. Consent
6.1 MessageCube Corp Inc. understands ‘consent’ to mean that it has been explicitly and freely given, and a specific, informed and unambiguous indication of the data subject’s wishes that, by statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The data subject can withdraw their consent at any time.
6.2 MessageCube Corp Inc. understands ‘consent’ to mean that the data subject has been fully informed of the intended processing and has signified their agreement, while in a fit state of mind to do so and without pressure being exerted upon them. Consent obtained under duress or on the basis of misleading information will not be a valid basis for processing.
6.3 There must be some active communication between the parties to demonstrate active consent. Consent cannot be inferred from non-response to a communication. The Controller must be able to demonstrate that consent was obtained for the processing operation.
6.4 For sensitive data, explicit written consent (Consent Procedure 2.7) of data subjects must be obtained unless an alternative legitimate basis for processing exists.
6.5 In most instances, consent to process personal and sensitive data is obtained routinely by MessageCube Corp Inc. using standard consent documents e.g. when a new client signs a contract, or during induction for participants on programmes.
7. Security of data
7.1 All Employees/Staff are responsible for ensuring that any personal data that MessageCube Corp Inc. holds and for which they are responsible, is kept securely and is not under any conditions disclosed to any third party unless that third party has been specifically authorised by MessageCube Corp Inc. to receive that information and has entered into a confidentiality agreement.
7.2 All personal data should be accessible only to those who need to use it, and access may only be granted in line with the Access Control Policy (9.1.1) All personal data should be treated with the highest security and must be kept:
• in a lockable room with controlled access; and/or
• in a locked drawer or filing cabinet; and/or
• if computerised, password protected in line with corporate requirements in the Access Control Policy (9.1.1); and/or
• stored on (removable) computer media which are encrypted in line with Secure Disposal of Storage Media 11.2.7
7.3 Care must be taken to ensure that PC screens and terminals are not visible except to authorised Employees/Staff of MessageCube Corp Inc.. All Employees/Staff are required to enter into an Individual User Agreement (9.2.1.A) before they are given access to organisational information of any sort, which details rules on screen timeouts.
7.4 Manual records may not be left where they can be accessed by unauthorised personnel and may not be removed from business premises without explicit authorisation. As soon as manual records are no longer required for day-to-day client support, they must be removed from secure archiving in line with retention policy.
7.5 Personal data may only be deleted or disposed of in line with the Retention of Records Procedure 2.3. Manual records that have reached their retention date are to be shredded and disposed of as ‘confidential waste’. Hard drives of redundant PCs are to be removed and immediately destroyed as required by 11.2.7 before disposal.
8. Disclosure of data
8.1 MessageCube Corp Inc. must ensure that personal data is not disclosed to unauthorised third parties which includes family members, friends, government bodies, and in certain circumstances, the Police. All Employees/Staff should exercise caution when asked to disclose personal data held on another individual to a third party It is important to bear in mind whether or not disclosure of the information is relevant to, and necessary for, the conduct of MessageCube Corp Inc.’s business.
8.2 All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures must be specifically authorised by the GDPR Owner.
9. Retention and disposal of data
9.1 MessageCube Corp Inc. shall not keep personal data in a form that permits identification of data subjects for longer a period than is necessary, in relation to the purpose(s) for which the data was originally collected.
9.2 MessageCube Corp Inc. may store data for longer periods if the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the implementation of appropriate technical and organisational measures to safeguard the rights and freedoms of the data subject.
9.3 The retention period for each category of personal data will be set out in the Retention of Records Procedure (2.3) along with the criteria used to determine this period including any statutory obligations MessageCube Corp Inc. has to retain the data.
9.4 MessageCube Corp Inc.’s data retention and data disposal procedures (Storage Removal Procedure (11.2.7) will apply in all cases.
9.5 Personal data must be disposed of securely in accordance with the sixth principle of the GDPR – processed in an appropriate manner to maintain security, thereby protecting the “rights and freedoms” of data subjects. Any disposal of data will be done in accordance with the secure disposal procedure (11..2.7).

10. Data transfers
10.1 All exports of data from within the European Economic Area (EEA) to non-European Economic Area countries (referred to in the GDPR as ‘third countries’) are unlawful unless there is an appropriate “level of protection for the fundamental rights of the data subjects”. The transfer of personal data outside of the EEA is prohibited unless one or more of the specified safeguards, or exceptions, apply:
10.1.1 An adequacy decision
The European Commission can and does assess third countries, a territory and/or specific sectors within third countries to assess whether there is an appropriate level of protection for the rights and freedoms of natural persons. In these instances no authorisation is required. Countries that are members of the European Economic Area (EEA) but not of the EU are accepted as having met the conditions for an adequacy decision.
A list of countries that currently satisfy the adequacy requirements of the Commission are published in the Official Journal of the European Union.
10.1.2 Privacy Shield
If MessageCube Corp Inc. wishes to transfer personal data from the EU to an organisation in the United States it should check that the organisation is signed up with the Privacy Shield framework at the U.S. Department of Commerce. The obligation applying to companies under the Privacy Shield are contained in the “Privacy Principles”. The US DOC is responsible for managing and administering the Privacy Shield and ensuring that companies live up to their commitments. In order to be able to certify, companies must have a privacy policy in line with the Privacy Principles e.g. use, store and further transfer the personal data according to a strong set of data protection rules and safeguards. The protection given to the personal data applies regardless of whether the personal data is related to an EU resident or not. Organisations must renew their “membership” to the Privacy Shield on an annual basis. If they do not, they can no longer receive and use personal data from the EU under that framework.
Assessment of adequacy by the data controller
In making an assessment of adequacy, the exporting controller should take account of the following factors:
• the nature of the information being transferred;
• the country or territory of the origin, and final destination, of the information;
• how the information will be used and for how long;
• the laws and practices of the country of the transferee, including relevant codes of practice and international obligations; and
• the security measures that are to be taken as regards the data in the overseas location.

10.1.3 Binding corporate rules
MessageCube Corp Inc. may adopt approved binding corporate rules for the transfer of data outside the EU. This requires submission to the relevant supervisory authority for approval of the rules that MessageCube Corp Inc. is seeking to rely upon.
10.1.4 Model contract clauses
MessageCube Corp Inc. may adopt approved model contract clauses for the transfer of data outside of the EEA.
10.1.5 Exceptions In the absence of an adequacy decision, Privacy Shield membership, binding corporate rules and/or model contract clauses, a transfer of personal data to a third country or international organisation shall only take place on one of the following conditions:
• the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards;
•the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject's request;
• the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person;
• the transfer is necessary for important reasons of public interest;
• the transfer is necessary for the establishment, exercise or defence of legal claims; and/or
• the transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent.
11. Information asset register/data inventory
11.1 MessageCube Corp Inc. has established a data inventory and data flow process as part of its approach to address risks and opportunities throughout its GDPR compliance project. MessageCube Corp Inc.’s data inventory and data flow determines (2.4 & 4.4):
• business processes that use personal data;
• source of personal data;
• volume of data subjects;
• description of each item of personal data;
• processing activity;
• maintains the inventory of data categories of personal data processed;
• documents the purpose(s) for which each category of personal data is used;
• recipients, and potential recipients, of the personal data;
• the role of the MessageCube Corp Inc. throughout the data flow;
• key systems and repositories;
• any data transfers; and
• all retention and disposal requirements.
11.2 MessageCube Corp Inc. is aware of any risks associated with the processing of particular types of personal data.
11.2.1 MessageCube Corp Inc. assesses the level of risk to individuals associated with the processing of their personal data. Data protection impact assessments (DPIAs) (DPIA Procedure 2.4 and 4.4) are carried out in relation to the processing of personal data by MessageCube Corp Inc., and in relation to processing undertaken by other organisations on behalf of MessageCube Corp Inc..
11.2.2 MessageCube Corp Inc. shall manage any risks identified by the risk assessment in order to reduce the likelihood of a non-conformance with this policy.
11.2.3 Where a type of processing, in particular using new technologies and taking into account the nature, scope, context and purposes of the processing is likely to result in a high risk to the rights and freedoms of natural persons, MessageCube Corp Inc. shall, prior to the processing, carry out a DPIA of the impact of the envisaged processing operations on the protection of personal data. A single DPIA may address a set of similar processing operations that present similar high risks.
11.2.4 Where, as a result of a DPIA it is clear that MessageCube Corp Inc. is about to commence processing of personal data that could cause damage and/or distress to the data subjects, the decision as to whether or not MessageCube Corp Inc. may proceed must be escalated for review to the GDPR Owner.
11.2.5 The GDPR Owner shall, if there are significant concerns, either as to the potential damage or distress, or the quantity of data concerned, escalate the matter to the supervisory authority.
11.2.6 Appropriate controls will be selected and applied to reduce the level of risk associated with processing individual data to an acceptable level, by reference to MessageCube Corp Inc.’s documented risk acceptance criteria and the requirements of the GDPR.