Privacy Policy

ARCHIVED 2021-03-01, DATE APPROXIMATE · VERSION 20210301_rev01 · COMPARED WITH 20200805_rev01

Full text changes — 20200805_rev01 to 20210301_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

+## Privacy
 **This privacy policy explains how JotForm Inc. handles your personal information and data. We value your trust, so we've strived to present this policy in a clear and; plain language. The policy is structured so you can quickly find answers to the questions that interest you the most.**
+This privacy policy applies to all the products, services and websites offered by JotForm Inc. and their affiliates, except where otherwise noted. Products, services and websites are collectively referred to as the "services" in this policy. Some services have supplementary privacy statements that explain, in more detail, our specific privacy practices in relation to these services. Unless otherwise noted, all services are provided by JotForm Inc., which is based in the United States.
+This privacy policy applies to all the products, services and websites offered by JotForm Inc., JotForm LTD and their affiliates, except where otherwise noted. Products, services and websites are collectively referred to as the "services" in this policy. Some services have supplementary privacy statements that explain, in more detail, our specific privacy practices in relation to these services. Unless otherwise noted, all services are provided by JotForm Inc., which is based in the United States.
 ### IF YOU CREATE FORMS:
 - **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).
 - **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.
 ### 5\. Security, cookies and other important information
 **Changes to this privacy policy.** 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.
 **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/).
+**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.
+**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 or Germany. Your personal information may 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.
 **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:
 - **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.
 - **For security reasons.** JotForm Inc. uses cookies to authenticate your identity, such as confirming whether you are currently logged into JotForm Inc.
 - **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.
 **English version controls.** Non-English translations of this privacy policy are provided for convenience. In the event of any ambiguity or conflict between translations, the English version is authoritative.
 ### 6\. Additional information for European Union users
 **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.
+- **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.
+- **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.
+- **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/).
+- **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.
+- **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.
+- **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.
+- **Accessing and correcting your personal data.** If you have a JotForm account, 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/).
+**Consents. By clicking "I Agree" or any other button indicating your acceptance of this privacy policy, you expressly consent to the following:**
+**Consents.** By clicking "I Agree" or any other button indicating your acceptance of this privacy policy, you expressly consent to the following:
+- 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.
+- 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.
+- 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.
+- 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.**
+- JotForm Inc. servers for the EU zone are based in Germany, so your personal data will be primarily processed in the EU zone. You consent to the transfer and processing of your personal data in the EU zone by JotForm Inc. and in the data locations identified in Section 5 by our various affiliates and service providers.
 - You consent to JotForm Inc. sharing your personal data with relevant persons working for service providers who assist us to provide our services.
+- If you have enabled cookies on your web browser, you consent to our use of cookies as described in this privacy policy.
+- If you have enabled Cookies on your web browser, you consent to JotForm Inc.'s use of cookies as described in this privacy policy.
 ### 7\. Additional information for California residents
 With regard to the California Consumer Privacy Act of 2018, JotForm Inc. does not sell or share or make available your form data without your express permission. Although we do not sell or share your personal information, if you would like to fill out a form to opt-out of us ever doing so, please submit a written request to our [Customer Support](https://www.jotform.com/contact/) or [fill our opt-out form](https://www.jotform.com/ccpa/).
 California residents are entitled to ask us for a notice about what personal information is being collected about them and how it is used, whether their personal information is sold or disclosed and to whom, identifying the categories of Personal Information in the preceding 12 months. If you are a California resident and would like a copy of this notice, please submit a written request to our [Customer Support](https://www.jotform.com/contact) or visit [My Account](https://www.jotform.com/myaccount/data) page.
 ### **5\. Security, cookies and other important information**
 **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.
 **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/)
+**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.
+**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 or Germany. Your personal information may 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.
 **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:
 - **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.
 - **For security reasons.** JotForm Inc. uses cookies to authenticate your identity, such as confirming whether you are currently logged into JotForm Inc.
 - **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.
 **English version controls.** Non-English translations of this privacy policy are provided for convenience. In the event of any ambiguity or conflict between translations, the English version is authoritative.
 ### **6\. Additional information for European Union users**
 **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.
+- **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.
+- **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.
+- **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.
+- **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.
 - **Accessing and correcting your personal data.** If you have a JotForm account, 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/).
 **Consents**. By clicking "I Agree" or any other button indicating your acceptance of this privacy policy, you expressly consent to the following:
+- 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**.
+- 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.
+- 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.
+- 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**.
+- JotForm Inc. servers for the EU zone are based in Germany, so your personal data will be primarily processed in the EU zone. You consent to the transfer and processing of your personal data in the EU zone by JotForm Inc. and in the data locations identified in Section 5 by our various affiliates and service providers.
 - You consent to JotForm Inc. sharing your personal data with relevant persons working for service providers who assist us to provide our services.
+- If you have enabled cookies on your web browser, you consent to JotForm Inc. use of cookies as described in this privacy policy.
+- If you have enabled Cookies on your web browser, you consent to JotForm Inc.'s use of cookies as described in this privacy policy.
+**Privacy Shield (relevant to our EU users)**. JotForm Inc. is located in the United States and accordingly, data (to include Respondent data) will be transferred to the United States.
+JotForm Inc. participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield. JotForm Inc. is committed to subjecting all personal information and data received from European Union (EU) member countries and Switzerland, in reliance on the Privacy Shield Framework, to the Framework's applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield List. **[https://www.privacyshield.gov/](https://www.privacyshield.gov/)**.
+JotForm Inc. also complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
+When JotForm Inc. receives personal information under the Privacy Shield and then transfers it to a third-party service provider acting as agent on JotForm Inc.'s behalf, JotForm Inc. has certain liability under the Privacy Shield if both (i) the agent processes the information in a manner inconsistent with the Privacy Shield and (ii) JotForm Inc. is responsible for the event giving rise to the damage. With respect to personal data received or transferred pursuant to the Privacy Shield Framework, JotForm Inc. is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. In certain situations, JotForm Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
+Please contact JotForm Inc. as described in Section 14 below if you have any concerns or complaints of any nature. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider, (free of charge) at [https://www.jamsadr.com/eu-us-privacy-shield](https://www.jamsadr.com/eu-us-privacy-shield).
+Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint](https://www.privacyshield.gov/article), you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
 ### 7\. Additional information for California residents
 With regard to the California Consumer Privacy Act of 2018, JotForm Inc. does not sell or share or make available form responses to third parties without the form creator's permission and JotForm Inc. does not use any contact details collected in our customers' forms to contact form respondents. Although we do not sell or share your personal information, if you would like to fill out a form to opt-out of us ever doing so, please submit a written request to our [Customer Support](https://www.jotform.com/contact/) or fill our [opt-out form](https://www.jotform.com/ccpa/).
 **Accessing and correcting your personal data.** If you have a JotForm account, you have the right to access and correct the personal information that JotForm Inc. holds about you. This right may be exercised by visiting [My Account](https://www.jotform.com/myaccount/data) page or by contacting [Customer Support](https://www.jotform.com/contact/). If you don't have JotForm account but you think that you have provided personal information by using one of the forms, please contact the form's creator. Form submission data is private and owned by form creator.
 **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.
 ## Questions
 If you have any questions about this privacy policy, please feel free to reach out to our [customer support](https://www.jotform.com/contact/).
+## Representation for data subjects in the EU
+We value your privacy and your rights as a data subject and have therefore appointed Prighter as our privacy representative and your point of contact.
+Prighter gives you an easy way to exercise your privacy-related rights (e.g. requests to access or erase personal data). If you want to contact us via our representative Prighter or make use of your data subject rights, please visit: [https://prighter.com/q/11830216921](https://prighter.com/q/11830216921)