EFFECTIVE JuLY 12, 2023

PRIVACY POLICY

TRUSTe
The purpose of this Privacy Policy is to disclose what information we collect, how the information that is provided to FORM is used by our company, and how such information is both protected and made available on our websites. It also describes your choices regarding use, access, and correction of your personal information. By using our websites and services you agree to this Privacy Policy and provide your consent to your personal data processing. If you do not agree with this Privacy Policy, please do not use our websites or services. FORM Survey, Key Survey, FORM OpX, GoSpotCheck by FORM, and WorldAPP are the official trademarks of WorldAPP, Inc. This Privacy Policy applies to form.com, www.keysurvey.com owned and operated by WorldAPP, Inc. Please note that this Privacy Policy only addresses activities of FORM and does not govern the collection and use of information by its customers, business partners, or other companies via WorldAPP platform. When FORM is acting as a processor, use of information collected through our service shall be limited to the purpose of providing the service for which the Customer has engaged FORM.

Information We Collect

From Individuals

FORM collects information from individuals who visit www.keysurvey.com and form.com websites, individuals who register to use our websites and companies who obtained personal information in accordance with applicable laws and make it available to us by means of using our services and products (hereinafter “you” or “Customer”). When you register, FORM collects your name, company name, title, phone, and e-mail address when you request product information or support from FORM. If you register for an account on www.keysurvey.com and form.com, we will also collect the username (your e-mail address by default) and password you create for your account. When you purchase services on www.keysurvey.com, and form.com, FORM collects your first name, middle name, last name, phone, e-mail, company name, address. When you subscribe to our blog, FORM collects your e-mail address. During the phone call, FORM may collect your first name, last name, phone, e-mail or any other data that you may provide. When you are subscribing for products of our subsidiaries and affiliates mentioned on form.com website, processing of your personal data is governed by the applicable privacy policies on their websites.

From Customers

FORM may also collect personal information under the direction of its Customers. When the personal information is electronically submitted by our Customers to www.keysurvey.com and form.com for hosting and processing FORM will not access, review, check, share, distribute, or reference any such personal information except as provided in the Agreement with the Customer, or as may be required by the legal regulations. When we collect personal information under the direction of our Customers, we have no direct relationship with the individuals whose personal data we process. If you are a customer of one of our Customers and would no longer like to be contacted by one of our Customers that use our service, please contact the Customer that you interact with directly. When Customers are using products of our subsidiaries and affiliates mentioned on form.com website, processing of our Customers’ data is governed by the applicable privacy policies and terms of use located on their websites.

How We Use Your Information

We use personal information in the normal course of our business to perform the services you and our Customers request. We use the information we collect from you to automatically pre-populate some variables in applications, specifically:
  • Your e-mail is used as the application login, as a default value in “From Field” when you set-up e-mail campaigns, and as a default e-mail for application updates and alerts.
  • We use your personal information to contact you personally through phone or e-mail regarding your application account or to respond to your request.
We also use the information we collect from you and our Customers during the period of your/our Customer’s subscription and for up to 2 months after the request/subscription expiration to periodically send you/our Customer FORM related e-mail communications that contain application hints/tips, corporate news and updates and/or invites to webinars/training sessions. Our e-mail notification system stores your e-mail addresses on our server in a secured location. These e-mail addresses are kept on the server for tracking and click notification purposes. Much like form data, these addresses are yours, not the property of FORM. Our Customer Support team may examine these lists for support and troubleshooting purposes. FORM will never use or sell these e-mail addresses to anyone; any attempt to access your e-mail addresses without your authorization will be prosecuted. When you provide us with personal data during the phone call, we will use it to fulfill the required support services or resolve any issues that you might have. Subject to the applicable legal requirements, we may record the phone calls and further use the call recordings for training and quality monitoring purposes. When you provide your e-mail address to receive FORM newsletters we will use your e-mail to send the newsletter to you. We may send our newsletters to your updated e-mail address if we receive notification about such change. You may opt-out of receiving FORM newsletters at any time by following the instructions provided with it, updating your user profile, or by sending us an e-mail. We will make sure to process your request within 10 business days. We also use aggregate information to determine what is of interest to our users as a group, and thereby improve our website. We may transfer personal information to our partners, subsidiaries and affiliates if you showed your interest in purchasing their products. If you choose to subscribe to our partners’, subsidiaries’ or affiliates’ services, processing of your personal data will be governed by the applicable privacy policies located on their websites. If required by the law or needed to fulfill our legitimate interests, we may share your personal information with professional third-party advisers (service providers, processors, or joint controllers), e.g. auditors, lawyers, accountants, insurers. If we engage in the merger, acquisition, reorganization, or other significant corporate changes, we may transfer your data to the third parties involved in this process. If FORM is involved in such actions, you will be notified via e-mail and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information. We may transfer personal information to companies that help us provide our information, products, or services to you, such as agents, service providers, consultants. For instance, we may use e-mail service providers to send out e-mails on our behalf, and a payment processing company to bill you for services. We only share the information we collect with the third parties for the purposes of providing that service. Transfers to subsequent third parties are covered by the service agreements with our Customers. These companies are authorized to use your personal information only as necessary to provide these services to us. These services may include:
  • Payment processing
  • Providing customer service
  • Sending marketing communications
  • Fulfilling subscription services
  • Conducting research and analysis
  • Providing cloud computing infrastructure

Survey / Form Data

When you publish your forms or surveys on the www.keysurvey.com and form.com servers, we will provide you with a unique URL to display your forms or surveys. FORM will not provide this URL to any other person or entity but will provide your form to any web browser requesting your unique URL. FORM has the right to review your form contents for violations of our Terms and Conditions of Subscription. If FORM determines your form is in violation of Terms and Conditions of Subscription, we will attempt to contact you and reserve the right to delete your form and results from our systems. FORM will not attempt to read your form results at any time unless explicitly instructed to do so by you. We do not own the contents of the data for your form. FORM will only have access to your forms for purposes of backup and troubleshooting. When FORM receives your form results, we will store them in a secure location. We will only allow your form results to be downloaded directly into your desktop software. FORM has extensive security measures in place to protect your results while stored on our servers and we will prosecute any attempt to access this information without authorization.

Data Retention

We determine the personal data retention period on the basis of kinds of personal data processed and the potential risk of harm from unauthorized use of the personal data. FORM retains all records of your orders, forms, and reports you have completed, and other miscellaneous account information for you. This has been done solely for the information and benefit of www.keysurvey.com and form.com users. This data is not accessible to anyone and any company outside FORM besides you, the User. We will retain your information for as long as your account is active, as needed to provide you services, as needed for the records keeping or other purposes stated in this Privacy Policy. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at [email protected]. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain personal data we process on behalf of our Customer for as long as needed to provide services to our Customer. FORM will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain information derived from cookies or other tracking technologies for a reasonable period of time starting from the date such information was created.

Cookies and Tracking Technologies

Cookies (or similar technologies) are used by FORM and our partners, affiliates, analytics, or service providers, including Google, HubSpot, Outreach.io, Capterra, Bing, LinkedIn, and AdRoll. Cookies are small files produced by websites you visit which store information on the device you are using as you navigate the web pages. These technologies are used for analyzing trends, administering the website, tracking user activity, and gathering demographic information. We may receive reports based on the use of these technologies by our partners on an individual as well as aggregated basis. We may use preferences, advertising, processes, session state, and analytics cookies. We also use cookies to monitor the performance and uptime of our web properties. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our website, but your ability to use some features or areas of our website may be limited. To learn more about our cookie policy and how to control the use of our cookies on your device, please visit our Cookie Policy Page. If you choose to subscribe to our partners’, subsidiaries’ or affiliates’ services and visit their websites, collection of cookies will be governed by the applicable cookie policies located on their websites.

Log Files

As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We do not link this automatically collected data to other information we collect about you.

Data Processing Purposes and Data Collection Legal Basis

We process personal information for the purpose of providing the service for which the Customer has engaged FORM, to comply with our internal policies and legal requirements regarding records keeping, to comply with any contractual obligations connected to the services provision, to develop and improve our websites, handle your requests, to comply with our legal obligations and satisfy our legitimate interest in prevention of fraud, misuse of services, money laundering, enhancement and growth of our business, to ensure physical security, IT and network security, to comply with judicial proceedings, court orders and other official rulings. The lawful basis for collecting and processing your personal information will depend on the type of personal information collected and purposes of its processing. Depending on the circumstances, FORM may rely on the following lawful basis of your personal data processing:
  1. you have given your consent to the processing;
  2. processing is necessary for the performance of a contract with you or for your benefit;
  3. processing is necessary to comply with FORM’s legal obligations;
  4. processing is necessary to protect your vital interests or vital interests of another natural person;
  5. processing is necessary for ensuring FORM’s legitimate interests, and there is no undue risk to your interests, fundamental rights and freedoms;
  6. processing is required or available under the applicable data protection legislation. FORM may process the personal information you provided: in the European Economic Area, the United Kingdom, the United States, or any other country outside the European Economic Area, where FORM operates, for use for any of the purposes described in this Privacy Policy.
FORM’s representative in the UK is Designlogic Limited, The Square, Basing View, Basingstoke, Hampshire, RG21 4EB UK. FORM’s representative in the EU is DPO Consulting, in Paris, France. You may reach data protection representative at DPO Consulting by sending an e-mail to the following address: [email protected]. You can reach FORM Data Protection Officer at [email protected] or (781) 849-8118.

Your Rights Regarding Your Personal Information

Upon request, if applicable, FORM will provide you with information about whether we hold any of your personal information. Subject to the local data protection laws, including but not limited to the General Data Protection Regulation, UK GDPR, California Consumer Privacy Act, Virginia Consumer Data Protection Act, Utah Consumer Privacy Act, Colorado Privacy Act, Connecticut Data Privacy Act, you may have the following rights regarding your personal information:
  1. Right to know: you may address FORM and confirm whether your personal data is being processed by FORM; you may request the categories of data that was shared with the third parties for the advertisement purposes on the third party websites.
  2. Right to access request, and receive the personal information: you may address FORM with a request to access your information processed by FORM at any time. We will disclose and deliver the required information to you in the manner described in the applicable law after receiving a verifiable request from you.
  3. Right to correct (rectify) your personal information: you may update your personal data within your account whenever needed on your own or e-mail our customer support for any assistance needed.
  4. Right to request deletion (erasure) of your personal data: right to erasure, “right to be forgotten” may be fulfilled by asking for your personal data FORM holds to be deleted in certain circumstances from FORM and/or third-party systems, as applicable. This includes, for example, situations when the data our company holds on you is no longer needed or when your data has been used unlawfully.
  5. Right to data portability (transfer your data): this right allows you to receive your personal data from the company and store it for your personal use or reuse it for purposes across various services.
  6. Right to withdraw consent: where we process your personal data based on your consent, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. To withdraw your consent to the data processing, please contact FORM support team.
  7. Right to restrict the processing of personal information concerning you or personal data being processed: upon providing a particular reason, you can limit FORM’s use of your personal information. This is an alternative to request on erasure of your personal data.
  8. Right to object: you have a right to object to the processing of your personal data by FORM at any time. This will allow you to stop or prevent FORM from processing your personal data. You may object to your personal data processing in relation to all of the personal data FORM holds about you or only to certain information. Objection to processing may also relate to a particular purpose FORM is processing the data for. This right also includes a right to object to FORM processing of your personal information for direct marketing purposes.
  9. Right to opt-out: you have a right to opt-out of some disclosures of your data to the third parties; opt-out of sharing of your data for the advertising purposes on the third-party websites.
  10. Right not to be subject to automated decision making, including profiling which produces legal effects or significantly affects you: you have a right not to be subject to a decision-making process that is fully automated and does not include any human input on the outcome. FORM does not have automated decision-making on its websites at the moment.
  11. Right to know whether any of your personal information is “sold” or “shared”: we do not sell, rent out, or otherwise willfully disclose your personal information. We may share personal information (in the form of identifiers and internet activity information) with the advertising companies for purposes of targeting advertisements on the third-party websites, applications and services.
  12. Right to limit (opt out of) the use and disclosure of sensitive personal information: FORM does not collect sensitive personal information from you, but if you have any additional questions about your sensitive data collection and processing, please feel free to contact us at: (781) 849-8118 or send an e-mail to [email protected]
You can fulfill the above-mentioned and other rights you have regarding your personal information by making the change on our member information page or by e-mailing our Customer Support at [email protected], by contacting us by telephone (781) 849-8118 or postal mail at the contact information listed below. We will respond to your request within a reasonable timeframe. FORM acknowledges that you have the right to access your personal information. However, in situations where FORM processes our customers’ data (acts as processor), it has no direct relationship with the individuals whose personal data it processes. An individual who seeks access, or who seeks to correct, amend, delete inaccurate data, or exercise the other legal rights, should direct his query to FORM’s Customer (the data controller). If requested to remove data, we will respond within a reasonable timeframe.

Non-discrimination

We will not discriminate against you for exercising any of your data privacy rights. For instance, we will not deny you goods or services; charge you different prices or rates for goods or services, including through granting discounts or other benefits, or impose penalties; provide you a different level or quality of goods or services; suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Please Contact Us if you have any further questions regarding your rights under the data protection laws.

Cross-Border Data Transfers

Transfer of personal data collected from Individuals

When processing personal information transferred from the European Union, Switzerland, and United Kingdom to the third countries, we rely on the European Commission’s adequacy decisions about certain countries, use Standard Contractual Clauses approved by the European Commission, UK Data Processing Addendum, implement other means for ensuring adequate safeguards, or obtain your consent. You can receive more detailed information regarding the protection given to your personal data when it is transferred outside the European Economic Area and UK (including a sample copy of suitable safeguards or information regarding where they have been made available) by contacting us. By using our website and providing us with your personal data, you consent to your personal data transfer to the United States and other countries outside of your jurisdiction in which we operate. In the event that you do not consent to FORM processing your personal information, FORM may not be able to deliver the contracted services to you.

Transfer of personal data collected from Customers

When our Customers’ personal data is transferred from the EEA, the United Kingdom, or Switzerland to the third countries, FORM relies on Standard Contractual Clauses, UK Data Processing Addendum and adequacy decisions about certain countries, as applicable. FORM has implemented a Data Processing Agreement that includes the Standard Contractual Clauses.

EU-U.S. Data Privacy Framework

WorldAPP, Inc. complies with EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce.  WorldAPP, Inc. has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.” WorldAPP Inc. is responsible for the processing of personal data it receives, under the Data Privacy Framework, and subsequently transfers to a third party acting as an agent on its behalf. WorldAPP Inc. complies with the Data Privacy Framework Principles for all onward transfers of personal data from the EU and UK, including the onward transfer liability provisions. With respect to personal data received or transferred pursuant to the Data Privacy Framework, WorldAPP Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, WorldAPP 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. 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://feedback-form.truste.com/watchdog/request. Under certain conditions, more fully described on the Data Privacy Framework website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

How We Protect Your Information

Any information collected and processed by FORM is treated with the utmost confidentiality. FORM will not share, sell, rent out or otherwise willfully disclose any personal information gathered from Customers. We will make no public release of any personal information that is collected through our proprietary form tool. All company-specific information gathered through www.keysurvey.com and form.com will be the property of the Customer. The security of your personal information is of great importance to FORM. We use various kinds of technical, physical, electronic, and administrative security mechanisms that are designed to protect your and our Customer’s data from loss, damage, deletion, misuse, unauthorized access, disclosure or alteration. If you choose to upgrade your account on www.keysurvey.com and form.com via logging into your account. You do so over a secure connection utilizing Secure Sockets Layer (SSL). This ensures that your personal information is not at risk. When you register with us or log in to our website, you can use a secure connection, ensuring that no one can steal your username and password, and use that to access any other information about you. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our website, you can e-mail us at [email protected].

Children’s Information

FORM does not target its website to children, and we will never knowingly collect personal information from children. If you have information that your children or any children under your care have provided us with information without your consent, please contact us at [email protected]. If we become aware that a subscriber is under the age of 16 and has registered, we will remove their personal information from our files. By using www.keysurvey.com and form.com, you represent and warrant that you are not under 16 years of age.

Dispute Resolution Process

In the event that you feel FORM Privacy Policy has been violated, would like to report a vulnerability, or have a security concern regarding FORM services, you may submit a request to the FORM Customer Support team by e-mail at [email protected] or by phone (781) 849-8118 x1. FORM will review the submitted request and assign it a tracking number. FORM will then respond to you, acknowledging receipt of the request, and outline the next steps in the process. To help FORM more effectively respond to your requests, please provide us with any supporting material that would be useful in the investigation:
  • A detailed description of the complaint, incident, or vulnerability
  • Date and time of the occurrence
  • Individuals involved in the occurrence
  • Tool output
  • Any other pertinent information
The information Customers share with FORM as part of this process is kept confidential within FORM and will not be shared with third parties without the Customer’s permission. If the case has been confirmed, FORM will work to investigate and validate the reported incident or vulnerability. FORM classifies any and all confirmed privacy and security incident reports as Critical and aims for a maximum of one business hour initial response time. If additional information is required in order to validate or reproduce the issue, FORM will work with the Customer to obtain it. In the event that violations of FORM Privacy and/or Security Policy are discovered, FORM will immediately seek a solution to the violating actions. Upon completion of the investigation, information on the resolution will be delivered to the Customer. The individual has a right, under certain conditions, to invoke binding arbitration or lodge a complaint with a supervisory authority.

Testimonials

We display personal testimonials of satisfied customers on our website in addition to other endorsements. With your consent we may post your testimonial along with your name on the www.keysurvey.com and form.com sites. If you want your testimonial updated or removed, please contact us at (781) 849-8118 or send an e-mail to [email protected].

Descriptive References

FORM is authorized to make descriptive references to Customer’s company name and URL on www.keysurvey.com and form.com websites and collateral promotional materials. All references to Customer’s name and URL will insure the benefit to the Customer. If you want your company name and URL removed, please contact us at (781) 849-8118 or send an e-mail to [email protected].

Referrals

If you choose to use the www.keysurvey.com and form.com referral service to refer a company to our website, we will ask for your contact’s name, phone number and e-mail address. We will attempt to contact the referred company using the data you provided. FORM stores this information for the purpose of sending contact e-mails and tracking the success of our referral program. If we are contacting you because your e-mail address was submitted to us via our referral service and wish to request your e-mail address no longer be used by us, you may do so by contacting us at (781) 849-8118 or e-mail us at [email protected].

Live Chat

We use live chat to assist you with any product or service-related questions or if you need support/technical assistance. In order to provide you with support, our live chat support agents will ask you for personal information such as name and e-mail address. If our live chat is offline, we will collect your name and e-mail address so that we may reply to your request later.

Anti-SPAM Policy

The information we collect is never sold, rented out, leased, traded, swapped, marketed, exchanged, bartered, distributed, or disclosed in any way. FORM and its users agree to never initiate any SPAM e-mailing. FORM anti-spam policy falls in compliance with US CAN-SPAM Act of 2003 S. 877.

Third Party Websites

Our website includes links to other websites whose privacy practices may differ from those of FORM. If you submit personal information to any of those websites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.

Third Party Advertisers

We partner with a third party to either display advertising on our website or to manage our advertising on other websites. Our third-party partner may use technologies such as cookies to gather information about your activities on this website and other websites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here. Please note this does not opt you out of being served ads. You will continue to receive generic ads.

Social Media Widgets

Our website includes social media features, such as the Twitter button, the LinkedIn button, the Instagram button, the YouTube button. These features may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policy of the company providing it.

Single Sign-on

You can log in to our website using sign-in services such as Salesforce.com or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and e-mail address to pre-populate our sign-up form. Services like Salesforce.com give you the option to post information about your activities on this website to your profile page to share with others within your network.

Public Member Directory

We will list you in our publicly accessible member directory when you become a new member in our community forums. If you wish to request removal of your information from our directory, you can contact us at [email protected].

Legal Disclosure

We reserve the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, detect, prevent or investigate fraud, security or technical issues , enforce Terms of Use, including investigation of potential violations, or respond to requests by public authorities, including to meet national security or law enforcement requirements and/or to comply with a judicial proceeding, court order, or legal process served on our website.

Changes to this Privacy Policy

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes, we will notify you by e-mail (sent to the e-mail address specified in your account) or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Us

If you have any questions or comments about our Privacy Policy, please contact us at [email protected]. You can also send your request by mail: WorldAPP, Inc. 859 Willard Street, Suite 400, Quincy MA 02169