HighLevel Data Processing Agreement: Key Points

If you're managing customer data, understanding HighLevel's Data Processing Agreement (DPA) is essential for compliance and security. Here's what you need to know:

• Purpose: Defines roles between data controllers (you) and processors (HighLevel) under laws like GDPR.
• Key Features:
  • Data Security: Encryption, access controls, automated backups.
  • International Transfers: Standard Contractual Clauses (SCCs) for EU, UK, and Swiss data.
  • Breach Protocol: Rapid detection, customer notification, and recovery steps.
• Your Role: Obtain consent, follow legal standards, and maintain proper documentation.

HighLevel ensures lawful data handling while you focus on your operations. Read on for a detailed breakdown of terms, security practices, and compliance measures.

Main Terms and Coverage

Key Terms Explained

HighLevel's DPA lays out essential terms that form the foundation of its data processing relationship:

These definitions set the stage for outlining the scope and rules of HighLevel's data processing activities.

Data Processing Coverage

The DPA describes the specific ways HighLevel processes customer data, ensuring all actions align with documented customer instructions unless otherwise required by law .

Core Processing Activities:

• Collecting and storing customer data
• Recording and managing personal details
• Handling contact information for marketing efforts
• Supporting service delivery and marketing tasks

Geographic Scope:

• Compliance with GDPR and related European regulations
• Adherence to CCPA for California residents
• Meeting global data protection standards

Usage Limitations: HighLevel strictly follows customer instructions and legal requirements when processing data:

"HighLevel will Process Personal Data as necessary to provide the Service pursuant to the Agreement, as further specified in an order form, and as further instructed by Customer in Customer's use of the Service."

To safeguard customer data, HighLevel employs encryption, role-based access controls, and automated backups, as discussed earlier .

Data Protection Requirements

HighLevel's Data Processor Duties

HighLevel takes its role as a data processor seriously, following strict guidelines to safeguard customer data. These efforts are built on its well-established data protection practices. The platform uses a range of technical and organizational measures, including:

Key responsibilities HighLevel handles as a processor include:

• Processing data strictly in line with customer instructions, unless otherwise required by law
• Ensuring all personnel sign confidentiality agreements
• Notifying customers promptly in the event of a data breach
• Using event logging tools like GoogleCloud Ops and AWS CloudWatch for monitoring

While HighLevel provides a secure framework as a processor, customers also need to meet their responsibilities as data controllers.

Customer Data Controller Duties

To align with HighLevel's secure processing measures, customers acting as data controllers must follow specific practices to ensure lawful data handling. These responsibilities work hand-in-hand with HighLevel's security protocols. Key requirements include:

• Consent Management
  Customers must establish mechanisms to notify data subjects and obtain explicit consent.
• Legal Compliance
  Data collection processes must adhere to relevant Data Protection Laws.
• Documentation and Accountability
  Customers are responsible for maintaining records of:
  • Consent obtained from data subjects
  • Data collection procedures
  • Authorization for data transfers
  • Updates to privacy notices

HighLevel aids these efforts by providing tools like data download options, customizable data retention settings, and controls for managing access to former employees' data.

"Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of Customer Personal Data to HighLevel, and the lawful collection of the same by the Customer using the HighLevel Services for the duration and purposes of the Agreement and DPA, and shall indemnify HighLevel against all loss and damage (including fines) arising from a failure to do so."

International Data Transfer Rules

Standard Contract Clauses

HighLevel ensures compliance with international data transfer rules by using Standard Contractual Clauses (SCCs) as outlined in the European Commission's Decision (EU) 2021/914 . The platform adjusts its approach based on specific regional regulations:

In addition to applying SCCs, HighLevel strengthens data security with extra safeguards.

Extra Protection Measures

HighLevel avoids transferring European Data to locations or recipients that fail to meet appropriate data protection standards unless additional compliance steps are taken . These measures work alongside SCCs to address any gaps in protection:

• Adequacy Assessments: Before a transfer, HighLevel evaluates whether the recipient country provides sufficient data protection.
• Alternative Mechanisms: If standard methods fall short, HighLevel uses other frameworks like binding corporate rules or technical safeguards.
• Remediation Protocol: Customers can report compliance concerns, prompting a resolution period where both parties collaborate to fix any issues.

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How to implement effective data processing agreements

Security and Breach Protocols

HighLevel takes data protection seriously, implementing multiple layers of security to safeguard customer information. The platform relies on trusted cloud hosting providers like Google Cloud Platform and Amazon Web Services .

Here’s a quick breakdown of its security measures:

To ensure data separation in its multi-tenant environment, HighLevel assigns unique customer IDs. Development processes include regular vulnerability scans and annual penetration tests . These measures form the backbone of HighLevel's approach to handling potential breaches.

Data Breach Response Steps

HighLevel has a clear and structured protocol for addressing data breaches. When a breach involving personal data is detected, the platform takes immediate action and informs affected customers without delay .

The breach response process includes:

1. Detection and Assessment
   Automated monitoring systems are in place to identify breaches quickly. Security teams then assess the scope and severity of the incident .
2. Customer Notification
   HighLevel promptly notifies customers of breaches involving their data. This helps customers comply with regulations, such as reporting qualifying breaches to authorities like the ICO within a 72-hour window .
3. Mitigation and Recovery
   To reduce data loss, the platform uses reliable backups and integrity protocols. Customers can also recover deleted data - such as contacts, opportunities, and custom fields - through the recycle bin feature, available for up to 30 days .

For added protection, customers are encouraged to export minimal data regularly, maintain logs, and refer to Annex B of the DPA for detailed security practices .

HighLevel's Legal Team collaborates with engineering and product teams to adapt its privacy measures, staying ahead of emerging threats while maintaining compliance with relevant standards .

Conclusion

Main Points for Marketers

HighLevel's Data Processing Agreement (DPA) provides clear guidelines for managing data responsibly. Last updated in October 2024 , it highlights key areas of responsibility and security measures that marketers must follow.

Here are some key areas to focus on:

These practices are essential for maintaining secure and compliant marketing operations.

HL Max Resources

HL Max offers a range of educational tools to help agencies make the most of HighLevel's security features. These include guidance on proper data handling, automation compliance, and data retention settings. For agencies working with international clients, these resources are especially helpful for ensuring data protection while leveraging HighLevel’s tools for lead generation and client management.

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