Apify and GDPR

The European Union (“EU”) General Data Protection Regulation (“GDPR”) replaces the 1995 EU Data Protection Directive. The GDPR strengthens the rights that individuals have regarding personal data relating to them and seeks to unify data protection laws across Europe, regardless of where that data is processed. Besides strengthening and standardizing user data privacy across the EU nations, the GDPR requires new or additional obligations from all organizations that handle the personal data of EU citizens, regardless of where the organizations themselves are located.

Apify Technologies s.r.o., with its registered seat at Štěpánská 704/61, 110 00 Prague 1, Czech Republic, Company reg. no. 04788290 (also referred to as “Apify”, “we”, “us” or “our”), is deeply committed to providing its users with the maximum security and privacy, and is committed to comply with the GDPR. On this page, we will explain our methods to achieve GDPR compliance, both for ourselves and for our customers.

Please note that this document is not a legal contract - the legal relation between Apify and its users is governed by the Terms of Use and Privacy Policy.

Apify as the data controller

Apify acts as the data controller for the personal data we collect about you, the user of our Website, Platform or Services. First and foremost, we process data that is necessary for us to perform our contract with you (GDPR Article 6(1)(b)). Second, we process data to meet our obligations under the law (GDPR Article 6(1)(c)) — this primarily involves financial data and information that we need to meet our accountability obligations under the GDPR. Third, we process your personal data for our legitimate interests in line with GDPR Article 6(1)(f).

What are these ‘legitimate interests’?

  • Improving our Website, Platform and Services to help you reach new levels of productivity.
  • Making sure that your data and Apify’s systems are safe and secure.
  • Responsible marketing of our product and its features.

As the controller for your personal data, Apify is committed to respect all your rights under the GDPR. If you have any questions or feedback, please reach out to our Data Protection Officer by email at legal@apify.com.

Apify as the data processor

The data that you collect, store and process using Apify might contain personal data of your data subjects, and you are considered the data controller for this personal data.

Using the Apify Platform to process the personal data of your customers means that you have engaged Apify as a data processor to carry out certain processing activities on your behalf. According to Article 28 of the GDPR, the relationship between the controller and the processor needs to be made in writing (electronic form is acceptable under subsection (9) of the same Article). This is where our Terms of Use and Privacy Policy come in. These two documents also serve as your data processing contract, setting out the instructions that you are giving to Apify with regard to processing the personal data you control and establishing the rights and responsibilities of both parties. Apify will only process your data based on your instructions as the data controller.

Apify is based in the EU, therefore all our customers including customers in the EU have a contractual relationship with our EU legal entity, based in the Czech Republic.

Data transfers

One topic that often comes up with customers is data transfers outside of the European Economic Area (EEA). The GDPR establishes strict requirements for moving data outside of its scope of protection. This is only natural - otherwise it would be impossible for the law to fulfill its purpose.

When Apify engages sub-processors outside the EEA, it is our job to ensure that we transfer the data lawfully. We keep an up-to-date list of sub-processors and guarantee that the data is adequately protected even after it leaves the EEA. We do this by making sure that our third-party service providers are either certified under the EU-US Privacy Shield framework or have signed the EU Commission’s standard contractual clauses for data transfers with us.

Hopefully this information helps you to better navigate the EU’s data protection requirements. If you have any questions with regard to the above, you are welcome to reach out to us at legal@apify.com and we will do our best to explain things further. Upon signing a non-disclosure agreement with us, we will provide you with our GDPR Audit document where we provide the list of sub-processors, information about what kind of data we send to them and how we verify their compliance with the GDPR.

What is Apify doing for GDPR compliance

As a company based in Europe, Apify is very much up to speed with the implications that the EU General Data Protection Regulation has for businesses. We appreciate the privacy needs of our users as well as their customers and, as such, have implemented — and will continue to improve — technical and organizational measures in line with the GDPR to safeguard the personal data processed by Apify.

Internal processes, security and data transfers

A large part of GDPR compliance is making sure that there are procedures in place that ensure that data processes are mapped and auditable. We have added elements to our application development cycle to build features in accordance with the principles of Privacy by Design. Any access to the personal data that we process on your behalf is strictly limited. Our internal procedures and logs make sure that we meet the GDPR accountability requirements in this regard.

We have established a process for onboarding third-party service providers and adopting tools that makes sure that these third-parties meet the high expectations that Apify and its customers have when it comes to privacy and security.

Readiness to comply with subject access requests

Data subjects’ ownership of their personal data is at the heart of the GDPR. We have created a readiness to respond to data subject requests to delete, modify, or transfer their data. This means that our Customer Support specialists along with the Engineers that assist them in their work are well-prepared to help you in any matters involving your personal data, in addition to providing the excellent customer support experience that you are accustomed to.

Documentation

Our Terms of Use and Privacy Policy are constantly being revised to increase transparency and to make sure the documents meet GDPR requirements. As these are the basis for our relationship for you, it is very important for us to comprehensively and openly explain our commitments and your rights in these documents. Additionally, we are constantly mapping all our data processing activities to be able to comply with the GDPR accountability requirements.

Training

All of the above is supported by extensive training efforts within the company so that the GDPR compliant processes we have put in place are followed. Sessions on data privacy and security are an integral part of our onboarding process and each department receives training that is tailored to their work involving personal data.