Privacy Policy
ARCHIVED 2019-08-02, DATE APPROXIMATE · VERSION 20190802_rev01 · COMPARED WITH 20190403_rev01
Full text changes — 20190403_rev01 to 20190802_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 6 | 6 | |
| 7 | 7 | **IF YOU CREATE FORMS:** |
| 8 | 8 | |
| 9 | 9 | - **Your form data is owned by you.** Additionally, JotForm Inc. treats your forms as if they were private, unless you made your forms publicly available via a public link. JotForm Inc. does not sell or make available your forms to anyone and does not use the form responses you collect for purposes unrelated to you or our services, except in a limited set of circumstances (e.g. JotForm Inc. is compelled by a subpoena, or if you've given us permission to do so). |
| 10 | 10 | - **JotForm Inc. safeguards respondents' email addresses.** To make it easier for you to invite people to complete your forms via email, you may upload lists of email addresses, in which case JotForm Inc. acts as a mere custodian of that data. JotForm Inc. doesn't sell or make available these email addresses and we use them only as directed by you and in accordance with this policy. The same is true for any email addresses collected through your forms. |
| 11 | 11 | - **JotForm Inc. holds your data securely.** Read our [Security Statement](https://www.jotform.com/security/) for more information. |
| 12 | - **Form data is stored on servers located in the United States and Germany.** More information is available if you are located in Europe. JotForm Inc. will process your form data on your behalf and under your instructions, including those agreed to in this privacy policy. | |
| 12 | - **Form data is stored on servers located in the United States.** More information is available if you are located in Europe. JotForm Inc. will process your form data on your behalf and under your instructions, including those agreed to in this privacy policy. | |
| 13 | 13 | |
| 14 | 14 | **IF YOU ANSWER FORMS:** |
| 15 | 15 | |
| 16 | 16 | - **Forms are administered by form creators.** Form creators build tens of thousands of forms each day using our services. JotForm Inc. hosts the forms on our websites and collect the responses that you submit to the form creator. If you have any questions about a form you are taking, please contact the form creator directly as JotForm Inc. is not responsible for the content of that form or your responses to it. The form creator is generally the same person that invited you to complete the form and sometimes this individual, company or organization has its own privacy policy. |
| 17 | 17 | - **Are your responses anonymous?** This depends on how the form creator has configured the form. Contact this individual, company or organization to learn more. |
| 18 | 18 | - **JotForm Inc. does not sell or make available** **your responses to third parties.** JotForm Inc. doesn't sell or share your form responses with third party advertisers or marketers (although the form creator might, so we advise that you contact this individual, company or organization to learn more). JotForm Inc. merely acts as a custodian on behalf of the form creator who controls your data, except as further described in this privacy policy with regard to public forms. |
| 74 | 74 | - **To respond to legal requests and prevent harm.** If JotForm Inc. receives a subpoena or other legal request, we may need to inspect the data held to determine the appropriate response. |
| 75 | 75 | |
| 76 | 76 | 3. **With whom do we share or disclose your information?** |
| 77 | 77 | |
| 78 | 78 | JotForm Inc. does not sell or make available your form data without your express permission, |
| 79 | 79 | |
| 80 | When might JotForm Inc. disclose your form data to third parties? Only for a limited number of reasons. JotForm Inc. shares your information with our service providers who help us to provide our services to you. JotForm Inc. has contracts with these service providers to keep your information confidential and to use it only for the purpose of providing their services. For example, JotForm Inc. uses payment processors who help us to process credit card transactions. By using our services, you authorize JotForm Inc. to sub-contract in this manner on your behalf.In rare circumstances, we may share information if required by law, or in a corporate restructuring or acquisition context (see below for more details). | |
| 80 | When might JotForm Inc. disclose your form data to third parties? Only for a limited number of reasons. JotForm Inc. not holds your information with our service providers who help us to provide our services to you. JotForm Inc. has contracts with these service providers to keep your information confidential and to use it only for the purpose of providing their services. For example, JotForm Inc. uses payment processors who help us to process credit card transactions. By using our services, you authorize JotForm Inc. to sub-contract in this manner on your behalf.In rare circumstances, we may share information if required by law, or in a corporate restructuring or acquisition context (see below for more details). | |
| 81 | 81 | |
| 82 | 82 | **Sharing your forms with the public.** |
| 83 | 83 | |
| 84 | 84 | You are able to control who can take your form by changing your collector settings. For example, forms can be made completely public, and indexable by search engines. You can also choose to share your form responses instantly or at a public location. |
| 85 | 85 | |
| 86 | 86 | JotForm Inc. recognizes that you have entrusted us with safeguarding the privacy of your information. Because that trust is very important to us, the only time JotForm Inc. will disclose or share your personal information or form data with a third party is when JotForm Inc. has done one of three things, in accordance with applicable law: (a) given you notice, such as in this privacy policy; (b) obtained your express consent, such as through an opt-in checkbox; or (c) de-identified or aggregated the information so that individuals or other entities cannot reasonably be identified by it. Where required by law, JotForm Inc. will obtain your express consent prior to disclosing or sharing any personal information. |
| 126 | 126 | |
| 127 | 127 | **Changes to this privacy policy.** |
| 128 | 128 | |
| 129 | 129 | JotForm Inc. may modify this privacy policy at any time. JotForm Inc. will notify you by publishing the changes on this website. If JotForm Inc. determines the changes are material, you will be provided with additional, prominent notice as is appropriate under the circumstances, such as via email or in another conspicuous manner reasonably designed to notify you. If, after being informed of these changes, you do not cancel your subscription and continue to use JotForm Inc. services beyond the advance-notice period, you will be considered as having expressly consented to the changes in the privacy policy. If you disagree with the terms of this privacy policy or any updated privacy policy, you may close your account at any time. |
| 130 | 130 | |
| 131 | 131 | - **Security.** Details about JotForm Inc.'s security practices are available through our [Security Statement](https://www.jotform.com/security/). JotForm Inc. is committed to handling your personal information and data with integrity and care. However, regardless of the security protections and precautions undertaken, there is always a risk that your personal data may be viewed and used by unauthorized third parties as a result of collecting and transmitting your data through the Internet. If you have any questions about the security of your personal information, contact [customer support](https://www.jotform.com/answers/). |
| 132 | - **Data locations.** JotForm Inc. servers are based in the United States and Germany, so your personal information will be hosted and processed by JotForm Inc. in the United States and Germany. Your personal information may also be processed in, or transferred or disclosed to, countries in which JotForm Inc. subsidiaries and offices are located and in which our service providers are located or have servers. | |
| 132 | - **Data locations.** JotForm Inc. servers are based in the United States, so your personal information will be hosted and processed by JotForm Inc. in the United States. Your personal information may also be processed in, or transferred or disclosed to, countries in which JotForm Inc. offices are located and in which our service providers are located or have servers. | |
| 133 | 133 | - **Cookie Notification.** JotForm Inc. and our partners use cookies and similar technologies on our websites. Cookies are small bits of data we store on the device you use to access our services so JotForm Inc. can recognize repeat users. Each cookie expires after a certain period of time, depending on what we use it for. JotForm Inc. uses cookies and similar technologies for several reasons: |
| 134 | 134 | |
| 135 | 135 | 1. **To make the JotForm Inc. website easier to use.** If you use the "Remember me" feature when you sign into your account, JotForm Inc. may store your username in a cookie to make it quicker for you to sign in whenever you return to JotForm Inc. |
| 136 | 136 | 2. **For security reasons.** JotForm Inc. uses cookies to authenticate your identity, such as confirming whether you are currently logged into JotForm Inc.. |
| 137 | 137 | 3. **To provide you with personalized content.** JotForm Inc. may store user preferences, such as your default language, in cookies to personalize the content you see. JotForm Inc. also uses cookies to ensure that users can't retake certain forms that they have already completed. |
| 138 | 138 | 4. **To improve our services.** JotForm Inc. uses cookies to measure your usage of our websites and track referral data, as well as to occasionally display different versions of content to you. This information helps JotForm Inc. develop and improve our services and optimize the content JotForm Inc. displays to users. |
| 153 | 153 | For users located in the EU, references to "personal information" in this policy are equivalent to what is commonly referred to as "personal data" in the EU. |
| 154 | 154 | |
| 155 | 155 | - **About IP addresses.** JotForm Inc. servers record the incoming IP addresses of visitors to our websites, whether or not the visitor has a JotForm Inc. account and store the IP addresses in log files. JotForm Inc. uses these log files for purposes such as system administration and maintenance, record keeping, tracking referring web sites, inferring your location, and security purposes (e.g. controlling abuse, spam and DDOS attacks). JotForm Inc. also stores IP addresses along with certain actions you take on our system. IP addresses are only linked to form responses if a form creator has configured a form to collect IP addresses. By agreeing to this privacy policy, you expressly consent to JotForm Inc. using your IP address for the foregoing purposes. If you wish to opt out from the foregoing consent to use your IP address, you must cancel your account (if you have one) or not respond to a form if requested to do so. |
| 156 | 156 | - **Data controller.** JotForm Inc., whose contact information is listed above, is the data controller for registration, billing and other account information that we collect from users in the EU. However, the data controller for form data is the form creator. The form creator determines how their form questions and responses are used and disclosed. JotForm Inc. only processes such form data in accordance with the instructions and permissions (including those given under this privacy policy) selected by the form creator when they create and administer their form. |
| 157 | 157 | - **Accessing and correcting your personal data.** You have the right to access and correct the personal information that JotForm Inc. holds about you. This right may be exercised by visiting your account's [My Account](https://www.jotform.com/myaccount/) page or by contacting [Customer Support](https://www.jotform.com/answers/). |
| 158 | 158 | - **Your responsibilities.** By using JotForm Inc. services, you agree to comply with adequate data protection requirements when collecting and using your form data, such as requirements to inform respondents about the specific uses and disclosures of their data. |
| 159 | - JotForm is in compliance with what was known as the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework, which was set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Here's our [official certification notice](https://safeharbor.export.gov/companyinfo.aspx). | |
| 160 | - However, in early Oct 2015, the Safe Harbor framework was nullified by the highest court in Europe, which meant EU users no longer had a legal safeguard guiding how their data was handled by US companies. In response to this, JotForm offers its EU users the opportunity to store their data exclusively in Europe. This ensures EU users can retain their data in their own jurisdiction, which follows their specific data privacy requirements. More information can be found here. [https://www.jotform.com/eu-safe-forms/](https://www.jotform.com/eu-safe-forms/) | |
| 161 | 159 | |
| 162 | 160 | **Consents. By clicking "I Agree" or any other button indicating your acceptance of this privacy policy, you expressly consent to the following:** |
| 163 | 161 | |
| 164 | 162 | - You consent to the collection, use, disclosure and processing of your personal data in the manner described in this privacy policy, including our procedures relating to cookies, IP addresses and log files. |
| 165 | - JotForm Inc. servers are based in the United States and Germany, so your personal data will be primarily processed by JotForm Inc. in the United States. You consent to the transfer and processing of your personal data in the United States by JotForm Inc. and in the data locations identified in Section 5 by our various affiliates and service providers. | |
| 163 | - JotForm Inc. servers are based in the United States, so your personal data will be primarily processed by JotForm Inc. in the United States. You consent to the transfer and processing of your personal data in the United States by JotForm Inc. and in the data locations identified in Section 5 by our various affiliates and service providers. | |
| 166 | 164 | - You consent and agree that JotForm Inc. may transfer your data to data processors located in countries, including the United States, which do not have data protection laws that provide the same level of protection that exists in countries in the European Economic Area. Your consent is voluntary, and you may revoke your consent by opting out at any time. Please note that if you opt-out, we may no longer be able to provide you our services. |
| 167 | 165 | - You consent to JotForm Inc. sharing your personal data with relevant persons working for service providers who assist us to provide our services. |
| 168 | 166 | - If you have enabled cookies on your web browser, you consent to our use of cookies as described in this privacy policy. |
| 169 | 167 | |
| 170 | 168 | **PRIVACY FOR FORM RESPONDENTS** |
| 171 | 169 | |
| 216 | 214 | |
| 217 | 215 | 5. **Security, cookies and other important information** |
| 218 | 216 | |
| 219 | 217 | Changes to this privacy policy. JotForm Inc. may modify this privacy policy at any time and you will be notified by publishing the changes on this website. If JotForm Inc. determines the changes are material, you will be provided with additional, prominent notice as is appropriate under the circumstances, such as via email or in another conspicuous manner reasonably designed to notify you.If, after being informed of the changes, you continue to use our services beyond the advance-notice period, you will be considered as having expressly consented to the changes in our privacy policy. If you disagree with the terms of this privacy policy or any updated privacy policy, you may close your account, if you have one, at any time or not respond to a form. |
| 220 | 218 | |
| 221 | 219 | - **Security.** Details about JotForm Inc 's security practices are available through our [Security Statement](https://www.jotform.com/security/). JotForm Inc. is committed to handling your personal information and data with integrity and care. However, regardless of the security protections and precautions JotForm Inc. undertakes, there is always a risk that your personal data may be viewed and used by unauthorized third parties as a result of collecting and transmitting your data through the Internet. If you have any questions about the security of your personal information, contact [customer support.](https://www.jotform.com/answers/) |
| 222 | - **Data locations.** JotForm Inc. servers are based in the United States and Germany, so your personal information will be hosted and processed by us in the United States and Germany. Your personal information may also be processed in, or transferred or disclosed to, countries in which JotForm Inc. subsidiaries and offices are located and in which our service providers are located or have services. | |
| 220 | - **Data locations.** JotForm Inc. servers are based in the United States, so your personal information will be hosted and processed by us in the United States. Your personal information may also be processed in, or transferred or disclosed to, countries in which JotForm Inc. offices are located and in which our service providers are located or have services. | |
| 223 | 221 | - **Cookie Notification.** JotForm Inc. and our partners use cookies and similar technologies on our websites. Cookies are small bits of data we store on the device you use to access our services so we can recognize repeat users. Each cookie expires after a certain period of time, depending on what we use it for. JotForm Inc. uses cookies and similar technologies for several reasons: |
| 224 | 222 | |
| 225 | 223 | - **To make our site easier to use.** If you use the "Remember me" feature when you sign into your account, JotForm Inc. may store your username in a cookie to make it quicker for you to sign in whenever you return to JotForm Inc.. |
| 226 | 224 | - **For security reasons.** JotForm Inc. uses cookies to authenticate your identity, such as confirming whether you are currently logged into JotForm Inc.. |
| 227 | 225 | - **To provide you with personalized content.** JotForm Inc. may store user preferences, such as your default language, in cookies to personalize the content you see. JotForm Inc. also uses cookies to ensure that users can't retake certain forms that they have already completed. |
| 228 | 226 | - **To improve our services.** JotForm Inc. uses cookies to measure your usage of our websites and track referral data, as well as to occasionally display different versions of content to you. This information helps us to develop and improve our services and optimize the content we display to users. |
| 240 | 238 | |
| 241 | 239 | - **"Personal data".** For users located in the EU, references to "personal information" in this policy are equivalent to what is commonly referred to as "personal data" in the EU. |
| 242 | 240 | - **About IP addresses.** JotForm Inc. servers record the incoming IP addresses of visitors to JotForm Inc. websites, whether or not the visitor has a JotForm Inc. account, and store the IP addresses in log files. JotForm Inc. uses these log files for purposes such as system administration and maintenance, record keeping, tracking referring web sites, inferring your location, and security purposes (e.g. controlling abuse, spam and DDOS attacks). JotForm Inc. also stores IP addresses along with certain actions you take on our system. IP addresses are only linked to form responses if a form creator has configured a form to collect IP addresses. By agreeing to this privacy policy, you expressly consent to JotForm Inc. using your IP address for the foregoing purposes. If you wish to opt out from the foregoing consent to use your IP address, you must cancel your account (if you have one) or not respond to a form if requested to do so. |
| 243 | 241 | - **Data controller.** JotForm Inc., whose contact information is listed above, is the data controller for registration, billing and other account information that we collect from users in the EU. However, the data controller for form data is the form creator. The form creator determines how their form questions and responses are used and disclosed. JotForm Inc. only processes such form data in accordance with the instructions and permissions (including those given under this privacy policy) selected by the form creator when they create and administer their form. |
| 244 | 242 | - **Accessing and correcting your personal data.** You have the right to access and correct the personal information that JotForm Inc. holds about you. This right may be exercised by contacting [customer support](https://www.jotform.com/answers/). |
| 245 | 243 | |
| 246 | - JotForm is in compliance with what was known as the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework, which was set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Here's our [official certification notice](https://safeharbor.export.gov/companyinfo.aspx). | |
| 247 | - However, in early Oct 2015, the Safe Harbor framework was nullified by the highest court in Europe, which meant EU users no longer had a legal safeguard guiding how their data was handled by US companies. In response to this, JotForm offers its EU users the opportunity to store their data exclusively in Europe. This ensures EU users can retain their data in their own jurisdiction, which follows their specific data privacy requirements. More information can be found here. [https://www.jotform.com/eu-safe-forms/](https://www.jotform.com/eu-safe-forms/) | |
| 248 | ||
| 249 | 244 | **Consents** |
| 250 | 245 | |
| 251 | 246 | By clicking "I Agree" or any other button indicating your acceptance of this privacy policy, you expressly consent to the following: |
| 252 | 247 | |
| 253 | 248 | - You consent to the collection, use, disclosure and processing of your personal data in the manner described in this privacy policy, including our procedures relating to **cookies, IP addresses and log files**. |
| 254 | 249 | - JotForm Inc. servers are based in the United States, so your personal data will be primarily processed in the United States. You consent to the transfer and processing of your personal data in the United States by JotForm Inc.. and in the data locations identified in Section 5 by our various affiliates and service providers. |