Privacy Policy
ARCHIVED 2022-06-05, DATE APPROXIMATE · VERSION 20220605_rev01 · COMPARED WITH 20220504_rev01
Full text changes — 20220504_rev01 to 20220605_rev01
COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED
| 1 | ## Privacy Policy | |
| 2 | ||
| 1 | 3 | This privacy policy explains how Jotform handles your personal information and data, and applies to all of the products, services and websites offered by Jotform Inc., Jotform Ltd, Jotform Pty Ltd and their affiliates (collectively, "Jotform"), except where otherwise noted. Jotform products, services and websites are collectively referred to as the "services" in this policy. Unless otherwise noted, all services are provided by Jotform Inc., which is based in the United States. |
| 2 | 4 | |
| 3 | 5 | In this policy, "you" refers to those who use and/or interact with any or all of our products, services, and websites, and "we", "us", and "our" refer to JotForm. "Customer"(s) refers specifically to those who use Jotform services. "Form Responders" refers to those who fill in and/or submit forms used by our Customers. |
| 4 | 6 | |
| 5 | 7 | ## INFORMATION WE COLLECT |
| 6 | 8 | |
| 59 | 61 | **To facilitate account creation and the logon process.** If you choose to link your Jotform account to a third party account, such as your Google or Facebook account, we use the information you allowed us to collect from those third parties to facilitate the account creation and login process. |
| 60 | 62 | |
| 61 | 63 | **To contact you about your service or account.** We will occasionally send you communications of a transactional nature (e.g. service-related announcements, billing-related matters, changes to our services or policies, a welcome email when you first register). You are prevented from opting out of this type of communication since it is required to provide our services to you. |
| 62 | 64 | |
| 63 | 65 | **To contact you for marketing purposes.** We will send you promotional emails only if you have consented to us contacting you for this purpose. You may opt out of these communications at any time by clicking on the "unsubscribe" link in them, or changing the relevant setting on your [My Account](https://www.jotform.com/myaccount/) page. |
| 64 | 66 | |
| 65 | **To respond to legal requests and prevent harm.** If we receive a subpoena or other legal request for information, we may need to inspect the data held to determine the appropriate response. | |
| 66 | ||
| 67 | 67 | ### **Form responders** |
| 68 | 68 | |
| 69 | 69 | Personal information a form responder includes in a form belongs to the responder, unless the responder has given rights in that information to the Customer who provided them with the form. Check with the Customer if you have questions about that. Form submission data is managed by the form creator (the Customer). Jotform treats that information as private unless the responder and/or Customer has made it publicly available. Please contact the form creator directly to understand how they use your form responses. Some form creators may provide you with a privacy policy or notice at the time you complete its form, and we encourage you to review that to understand how the form creator will handle your responses. |
| 70 | 70 | |
| 71 | We do not sell personal information gathered from form responses. We won't make available form responses to third parties without permission, and we won't use any contact details collected in our customers' forms to contact form responders. | |
| 71 | We do not sell personal information gathered from form responses. We won't use any contact details collected in our customers' forms to contact form responders. | |
| 72 | 72 | |
| 73 | 73 | See the section above for information on how we use data provided by our Customers or to which our Customers have given us access. |
| 74 | 74 | |
| 75 | 75 | ### **Website visitors** |
| 76 | 76 | |
| 77 | 77 | See the section above regarding information related to visitors to our websites. We use that information, including but not limited to cookies, customer data, usage data, device data, referral data and information from page tags, to manage and improve our services, to serve and support our Customers, for research purposes, and for the other various purposes described in this privacy policy. |
| 91 | 91 | - **The presence of a cookie to advertise our services.** We may ask advertising networks and exchanges to display ads promoting our services on other websites. We may ask such parties to deliver those ads based on the presence of a cookie that was placed when you visited one of our websites, but in doing so we will not share any other personal information with the advertiser. Our advertising network partners may also use cookies and page tags or web beacons to collect certain non-personal information about your activities on this and other websites to provide you with targeted advertising based upon your interests. |
| 92 | 92 | - **Your information if required or permitted by law.** We may disclose your information as required or permitted by law, or when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, and/or to comply with a judicial proceeding, court order, subpoena, or other legal process served on us. |
| 93 | 93 | - **Your information if there's a change in business ownership or structure.** If ownership of all or substantially all of our business changes, or we undertake a corporate reorganization, including a merger, acquisition or consolidation or any other action or transfer between Jotform entities, you expressly consent to Jotform Inc. transferring your information to the new owner or successor entity so that we can continue providing our services. |
| 94 | 94 | - **Information you expressly consent to be shared.** For example, Jotform Inc. may expressly request your permission to provide your contact details to third parties for various purposes, including to allow those third parties to contact you for marketing purposes. If you give your permission, you may later revoke your permission, but if you wish to stop receiving communications from a third party to which we provided your information with your permission, you will need to contact that third party directly. |
| 95 | 95 | - **If you're a Customer**, 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. |
| 96 | 96 | |
| 97 | Please note that, if you're a form responder or Customer who has entrusted us with safeguarding the privacy of your personal information, we will not disclose or share it with third parties unless we have (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 to disclose your information, we will notify you of this before disclosing it. | |
| 97 | Please note that, if you're a form responder or Customer who has entrusted us with safeguarding the privacy of your personal information, we will not disclose or share it with third parties unless we have (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. | |
| 98 | 98 | |
| 99 | 99 | By using our services or visiting our websites, you consent to the above-described disclosures. |
| 100 | 100 | |
| 101 | 101 | In some cases, the applications or user interfaces you encounter while on our sites are managed by third parties, who may require that you provide your personal information. We are not responsible for the privacy practices of these third party services or applications. We recommend carefully reviewing the user terms and privacy statement of each third party service, website, and/or application prior to use. |
| 102 | 102 | |
| 103 | 103 | ## HOW LONG WE RETAIN YOUR INFORMATION |
| 152 | 152 | Despite the July 12, 2016 decision of the European Commission's Decision (EU) 2016/1250 regarding Privacy Shield, Jotform continues to comply with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Jotform has certified to the U.S. Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit [https://www.privacyshield.gov/](https://www.privacyshield.gov/) |
| 153 | 153 | |
| 154 | 154 | In compliance with the Privacy Shield Principles, Jotform commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Jotform via [this form](https://www.jotform.com/privacyconcerns/). |
| 155 | 155 | |
| 156 | 156 | Jotform has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit [https://www.jamsadr.com/eu-us-privacy-shield](https://www.jamsadr.com/eu-us-privacy-shield) for more information or to file a complaint. The services of JAMS are provided at no cost to you. You may also submit a claim for binding arbitration against Jotform with JAMS (see the above website) in the event that your concerns are not satisfactorily resolved. |
| 157 | 157 | |
| 158 | Jotform commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and to comply with the advice given by such authorities with regard to human resources data transferred from the EU and Switzerland in the context of the employment relationship. | |
| 158 | Jotform commits to cooperate with applicable data protection authorities and to comply with the advice given by such authorities with regard to transfers of personal data. Jotform has certified that it adheres to and will abide by the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability. | |
| 159 | 159 | |
| 160 | 160 | Jotform is subject to the investigatory and enforcement powers of the FTC (U.S. Federal Trade Commission). |
| 161 | 161 | |
| 162 | 162 | ## **HOW TO CONTACT US REGARDING YOUR PERSONAL INFORMATION** |
| 163 | 163 | |
| 164 | 164 | If you have any questions about this privacy policy, you may contact us using [this form](https://www.jotform.com/privacyconcerns/). |
| 166 | 166 | ### **Representation for data subjects in the EU** |
| 167 | 167 | |
| 168 | 168 | 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. |
| 169 | 169 | |
| 170 | 170 | 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 |
| 171 | 171 | |
| 172 | Last Update: January 21, 2022 | |
| 172 | Last Update: May 20, 2022 |