AskNicely
AskNicely is a New Zealand-founded customer experience and NPS (Net Promoter Score) platform that sends automated feedback surveys to customers after interactions or transactions. New Zealand has an EU adequacy decision, though AskNicely's US infrastructure requires SCCs. Post-interaction survey emails can generally rely on legitimate interest given the existing customer relationship, making AskNicely one of the more GDPR-straightforward feedback tools.
What does AskNicely do?
What is AskNicely?
AskNicely is a customer experience platform founded in New Zealand that specialises in Net Promoter Score (NPS) surveys and real-time customer feedback. It allows businesses to automatically send short surveys to customers after purchases, service interactions, or support resolutions, and aggregates responses into dashboards for team-level performance tracking. AskNicely integrates with CRM systems including Salesforce, HubSpot, and Intercom to trigger surveys based on customer lifecycle events.
What data does AskNicely collect?
AskNicely processes customer name, email address, survey responses (NPS score and verbatim feedback), interaction metadata (transaction date, product, service agent), and any custom attributes passed from the CRM integration. When a web survey widget is used, it also collects IP addresses and browser information. Survey response data is linked to the individual customer record in both AskNicely and connected CRM systems.
GDPR and legitimate interest for NPS surveys
Sending an NPS survey email to a recent customer can generally rely on legitimate interest under GDPR Article 6(1)(f). The balancing test typically favours legitimate interest: the customer has a recent transactional relationship, the survey is relevant to their experience, and the single survey email is minimally intrusive. Customers must always have the option to opt out of future surveys, and the unsubscribe mechanism must be easy to use. Any follow-up beyond the survey (marketing, upselling) requires separate consent.
Consent requirements for web widgets
If AskNicely's web survey widget is embedded on the website, ePrivacy consent is required for any non-essential cookies before the widget loads. For email-only survey campaigns without an embedded web widget, no cookie consent is required, though customers must still be informed of the processing in the privacy policy.
Data transfers and New Zealand adequacy
New Zealand received an EU adequacy decision in 2013, meaning transfers to New Zealand-based processing are permitted without additional safeguards. However, AskNicely uses US infrastructure, which requires Standard Contractual Clauses. Verify in your DPA with AskNicely which servers process EU personal data and what transfer mechanism applies.
Practical compliance steps
Document your legitimate interest balancing test for survey emails. Include an unsubscribe link in every survey. Update your privacy policy to describe AskNicely as a processor and disclose the US transfer. Sign AskNicely's DPA. For web widgets, obtain ePrivacy consent. Document the processing in your RoPA.
AskNicely and the GDPR
AskNicely is classified as “Preferences”. On a site that targets European visitors, it must only load after the visitor consents, and it must be listed in your cookie policy.
- Legal basis
- Legitimate interest (Art. 6(1)(f) GDPR) for sending post-interaction NPS surveys to existing customers. Consent (Art. 6(1)(a)) for web widget cookies. Contract performance (Art. 6(1)(b)) may apply when surveys are part of the service agreement.
- Risk level
- low
- Applicable regulations
- GDPR, ePrivacy Directive, UK GDPR, New Zealand Privacy Act 2020
Impact assessment (DPIA)
A DPIA is generally not required for standard NPS survey deployments. It becomes advisable when AskNicely is used at scale with automated decisions based on survey scores, or when integrated with CRM systems that trigger significant customer actions based on NPS data.
Sample text for your banner
We use AskNicely to send you a short satisfaction survey after your interaction with us. AskNicely processes your name, email address, and survey responses on servers in the United States. You may opt out of future surveys at any time by clicking the unsubscribe link in the survey email.
What AskNicely sets and contacts
- Tracking method
- Survey email links, JavaScript web widget, first-party cookies, server-side NPS and feedback data processing
- Server location
- United States (AskNicely infrastructure, New Zealand company with US hosting)
- Cookieless mode available
- Yes
- Data transferred outside the EU
- AskNicely is a New Zealand-founded company with infrastructure in the United States. New Zealand has an EU adequacy decision under GDPR (since 2013). However, US-based infrastructure requires Standard Contractual Clauses under GDPR Article 46. Verify in your DPA which infrastructure processes EU personal data.
Cookies set (1)
| Name | Type | Duration | Purpose |
|---|---|---|---|
| an_widget | persistent | 1 year | Widget state cookie set when an AskNicely survey widget is embedded on a website |
Third-party domains contacted (3)
asknicely.comapi.asknicely.comcdn.asknicely.com
Frequently asked questions about AskNicely
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What data does AskNicely collect?
AskNicely collects customer email addresses and names for survey delivery, survey responses and NPS scores, open-text feedback, IP addresses, and device information. Customer records from CRM integrations are also processed to trigger surveys.
Does AskNicely require a GDPR consent banner?
Not for the NPS email function, which can rely on legitimate interest for existing customers. Consent is required for tracking cookies set by embedded survey widgets. All survey emails must include an unsubscribe link.
What is the legal basis for sending NPS surveys via AskNicely?
Legitimate interest (Art. 6(1)(f)) applies to post-service surveys sent to existing customers, limited to feedback about the relationship with no marketing content included. Contacting prospects without a prior relationship requires consent.
Does AskNicely transfer data outside the EU?
Yes. AskNicely is a US company processing all survey and customer data on US infrastructure. Standard Contractual Clauses apply. Sign AskNicely's DPA and document the US transfer in your RoPA.
Do I need a DPIA for AskNicely?
Generally not for standard NPS deployments. Advisable when survey data is combined with CRM data for automated customer scoring at scale, or when processing sensitive feedback in regulated industries.
How do I implement AskNicely compliantly?
Document your legitimate interest balancing test. Include an unsubscribe link in every survey email. Limit triggers to existing customers. Update your privacy policy. Sign AskNicely's DPA. Obtain ePrivacy consent for embedded widget cookies.
Are there EU-hosted alternatives to AskNicely?
Nicereply (Slovak) and Simplesat offer EU data processing. For fully EU-sovereign NPS, using an EU-hosted email tool like Brevo for post-service surveys keeps all response data within the EU.
How do I update my privacy policy to include AskNicely?
Describe AskNicely as a processor for NPS surveys, state the legitimate interest basis and right to object, explain that customer email and interaction data is shared with AskNicely, disclose the US transfer and SCC safeguard, and explain how customers can unsubscribe.
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