TheFormTool Privacy Policy

Effective Date: May 25, 2018

This “Privacy Policy” is incorporated by reference in TheFormTool, LLC’s End User License and its Terms of Use, posted at www.theformtool.com. We have created this Privacy Policy to reflect our firm commitment to your privacy and the protection of your personal data. This Privacy Policy applies to information that we collect and maintain about you when you visit www.theformtool.com. (“Site”) and when you use our services, as well as information collected from other sources, such as information you provide at tradeshows or seminars or to our business partners. It also describes the choices available to you regarding the use of, your access to, and how to update and correct your personal information.

Are you a visitor?

TheFormTool, LLC provides various demos of its productivity tools designed to help you make decisions and choose the products and services that are right for you.

If you do not choose to download a free version of our software, watch a value-added video, or make a purchase from TheFormTool, LLC, we do not collect, capture, or retain personally identifiable information when you are browsing our site. By offering you this level of privacy, we believe you will be more likely to find the products and services that fulfill your needs and goals and you may be more likely to consider the purchase of one or more of our revenue producing products or services.

Are you a registered user?

When you initiate the purchase of one of our products or services, download a free version, register for an online service, watch a value-added video, or request our newsletter, our website will request information. This information allows you to perform certain tasks (for example, download software, make a purchase, correspond with us or review your purchases) and it allows us to provide the service or information you requested. In these cases, we collect only the information necessary to interact with you. We also gather data to track website usage, such as number of hits, pages visited, and the length of user sessions in order to evaluate the usefulness of our sites.

What Type of Data Do We Collect?

Generally, we collect or maintain the following categories of data:

Customer Registration Data: when a customer, whether an individual or an entity, activates our services, creates an account at the Site or registers at an event we collect account information from that customer, which we refer to in this Policy as “Customer Registration Data.” The Customer Registration Data we collect includes individual or contact name, company name, e-mail address, phone number and other contact information, as well as information about services requested and payment information, such as credit card number, expiration date and billing address. We also assign customers a unique username and password to access their account information through the Site;

Site Data: we use cookies, web beacons, and other automated devices to automatically collect information about visitors to our Site and users of our services, which we refer to in this Policy as “Site Data.” The Site Data we collect includes browser type, operating system and IP address, as well as information of the web pages viewed and links clicked by visitors and/or customers. We may combine Site Data with other data we have collected from users, such as Customer Registration Data; and

Other Data: We may also collect information about customers or potential customers from our affiliates, from third parties, such as business partners, from our social media pages, during promotional events or from users who submit their information to TheFormTool, LLC in order to subscribe to our mailing lists or receive information about TheFormTool, LLC products and services.
Although the majority of our customers are businesses, some of the Customer Registration Data submitted or maintained by us may identify or relate to an individual (“personal data“), rather than a business. We will use such data in accordance with this Privacy Policy.

How Do We Use the Data We Collect?

We may use the information we collect and maintain, including any personal data, for the following purposes:

If you have provided your contact information to us, we may use such information to contact you for marketing and promotional purposes by various means, including regular mail, email or telephone. To learn how to opt out of receiving marketing communications from us, please go to the section below entitled “How Can You Stop Receiving Marketing Communications?“

  • To process orders, requests and payments, and to communicate with our customers about their accounts or any requests, orders or payments;
  • To provide requested services to our customers, including software, consulting, and subscriptions;
  • To respond to any inquiries submitted to us and to provide technical support to customers and Site visitors.
  • To tailor the content and information that we may send or display to customers or Site visitors, and to otherwise personalize experiences at the Site;
  • To tailor the content and information and offers that we may send or display to customers, prospects or Site visitors on third-party sites, and
  • To better understand how users access and use our Site and services, both on an aggregate and individualized basis, for the purposes of improving our Site and services and responding to customer and visitor desires and preferences.

How Do We Disclose the Data We Collect?

We may share your personal data with third parties; but only in the ways that are described in this privacy policy. We do not sell, rent or trade personal data without prior consent. We may however, disclose the information we collect or maintain, including personal data, without prior consent as described below:

Affiliated Companies. We may disclose the information we collect about customers and potential customers to our affiliated companies. If we do, their use of your information will be in accordance with this Privacy Policy.

Service Providers. We may disclose the information we collect from you to third-party vendors, service providers, contractors or agents who perform the following functions on our behalf: such as credit card processing to bill you for goods and services and a live chat vendor to assist us with customer service marketing analysis services to help manage our online advertising, customer relationship management services, and internal system monitoring and performance services. These third parties are required to maintain the confidentiality, security and integrity of personal data and to use such information only as directed by us.

Business Transfers. If we are acquired by or merged with another company, if part or of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the personal data we have collected to the acquiring company or entity.

In Response to Legal Process. We may also disclose the information we collect in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.

To Protect TheFormTool, LLC and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of this Policy or our User License.

Aggregate and De-identified Information. We may share aggregate, anonymous, or de-identified information, such as Site Data, with third parties for marketing, advertising, research or similar purposes; however, we do not disclose personal data to such third parties.

Why Do You Receive Marketing Communications?

If you received one or more marketing or promotional e-mails, such as a newsletter (“commercial e-mails”) from us, it means that (a) your email address is on our list of customers, trial users, or prospective customers; or (b) you have provided us your email address so that we could contact you. If you believe you received an email from us in error, please contact us immediately at [email protected]

How Can You Stop Receiving Marketing Communications?

Each commercial email TheFormTool, LLC sends contains an unsubscribe link through which you may easily opt-out of receiving future commercial emails from us. If you do not wish to receive additional commercial emails from TheFormTool, simply click the unsubscribe link and follow the instructions to unsubscribe your e-mail address or to change your preferences about the types of e-mail we send you.
If you have unsubscribed but continue to receive e-mail from us you may report this to [email protected] Please note that unsubscribe requests may take up to 7 — 10 days to process. If you receive any other types of marketing communication from TheFormTool, LLC and no longer wish to receive it, you may report this to [email protected]

What About Public Forums?

Our Site also offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas is visible to and may be read, collected, used or disclosed by any visitor to the Site. To request removal of your personal data from our blog or community forum, contact us a at [email protected] Please note that, even after removal from the Site, certain content may remain in our systems for a period of time, or may be viewable in cached and archived pages of the Site.

We may post customer testimonials on our web site, which may contain personal data like the customer’s name and business. We do obtain the customer’s consent via email prior to posting the testimonial to post their name along with their testimonial. To request removal of your personal data from our testimonials, contact us at [email protected]

How Do We Secure the Personal Data We Collect?

We use commercially reasonable security measures to protect against the loss, misuse and alteration of the personal data that we collect or maintain. We also provide each customer with a unique user name and password that must be entered when logging in the customer’s account. No data security measures, however, can guarantee 100{9e5c399d4686ffbee71f542e7a95a67178027d042b67cd6e8c3b22a26beb12ba} security all of the time. While we strive to protect your data from unauthorized use or disclosure, TheFormTool, LLC does not warrant or guarantee the security of the data that you provide to us.

The security of your personal data is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We do not retain credit card numbers, expiration dates, or CVV codes after a transaction has been processed.

What About Third Party Websites?

The Site contains links to third party websites. We are not responsible for the privacy practices or the content of any third party websites. Customers and visitors who link to other third party websites from the Site should check the privacy and security policy statements of such third party websites to understand the policies and practices of such third party websites as we are not responsible for those policies and practices. Customers and visitors who access a linked site may be disclosing their private information to the owner of such third party websites. It is your responsibility to keep such information private and confidential.

How Do We Use Cookies & Other Tracking Technologies?

TheFormTool and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole to provide our services. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.

What About Third-Party Ad Networks?

From time to time we may partner with third parties to manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests.

How Can I Access My Information?

Upon request TheFormTool will provide you with information about whether we hold any of your personal information. Customers may access and amend the contact information and other account information we have collected from them by logging in to their accounts and changing their account information. In addition, individuals may request access to and modification or deletion of any personal data we have collected about them by e-mailing [email protected] We will respond to your access request within 30 days.

We will retain your information for as long as your account is active or as needed to provide you services. 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, support our business operations, resolve disputes, and enforce our agreements.

Additional Information

Social Media Widgets. Our Web site includes social media features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, 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 Site. Your interactions with these features are governed by the privacy policy of the company providing it.

The majority of our customers are businesses; however, some the information we collect about customers and potential customers may identify or relate to an individual, rather than a business. We will use such data in accordance with this Privacy Policy. For example, we may send marketing communications to our customers and potential customers, and we may also allow our affiliated companies to send marketing communications to our customers and potential customers; you may opt out of receiving marketing communications from us and from our affiliated companies by emailing us at [email protected]

What About Children Under 13?

Our Site and services are not intended to be used by children under 13 years old. If we discover that a child under 13 has provided us with personal data, we will remove it from our systems immediately.

How Will We Notify You of Privacy Policy Changes?

We may update this privacy policy to reflect changes to our information practices. If we make any material changes that affect the information we have previously collected about you, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. Your continued use of our Site and/or services constitutes consideration and your acceptance to any such changes. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Us

[email protected]
TheFormTool, LLC
Suite 300
612 Woodland Square Loop
Lacey, Washington USA. 98503

TheFormTool EU Privacy Policy

Effective date: May 25, 2018

TheFormTool, LLC (“TheFormTool”) understands and values the importance of individual privacy. This Privacy Policy (“Policy”) is designed to inform our European Customers of: (1) how we collect, use and disclose Personal Data that is transferred to TheFormTool, LLC in the United States; (2) individuals’ choices with regard to how such Personal Data will be used or disclosed by TheFormTool; and (3) individuals’ other rights with regard to that Personal Data.

1. SCOPE OF POLICY

This Policy applies only to the processing of Personal Data (defined below) that TheFormTool, LLC receives in the United States from its European Customers (defined below). Most TheFormTool, LLC Customers are businesses, not individuals. However, TheFormTool, LLC may also receive Personal Data about individual Message Recipients (defined below) on a Customer’s e-mail marketing or contact lists. We process the Personal Data of a Customer’s Message Recipients only on behalf of and under the direction of the Customer, and the collection, use and disclosure of such data is subject to the Customer’s privacy policy.

This Policy does not cover data through which individuals are no longer identifiable, or identifiable only with a disproportionately large expense in time, cost or labor, or data combined with pseudonyms rather than actual names or other identifiable information.

Capitalized terms in this Policy are defined at the end of this Policy.

2. COLLECTION AND USE OF PERSONAL DATA

TheFormTool may collect Personal Data: (1) directly or indirectly from Customers; (2) from Third Parties; (3) from TheFormTool, LLC affiliates in Europe, or (4) through other means. We also collect information in the course of conducting our business operations or in furtherance of our legitimate business interests that may lead to the incidental collection of Personal Data.

TheFormTool uses Personal Data for legitimate business purposes, including: (1) to process orders and for billing purposes; (2) to provide our products and services to Customers; (3) to provide technical support or customer service; (4) to respond to Customer inquiries or to otherwise communicate with customers about their TheFormTool, LLC accounts, orders or services; (5) to assess and improve the quality of our website, products, services and business operations; (6) to create reports and track the effectiveness of Customer campaigns and TheFormTool, LLC services; (7) to analyze and improve our website and services; (8) to satisfy governmental reporting and tax requirements; (9) to satisfy security, health, and safety concerns; (10) to plan and implement potential acquisitions and mergers; (11) for other business-related purposes permitted or required under applicable local laws and regulations; and (12) for other purposes expressly consented to by Data Subjects.

Where permitted, TheFormTool, LLC also may use the Personal Data we collect to contact our Customers about services and other information that we believe will be of interest or to send marketing information. Our Customers may opt-out of being contacted for such purposes by e-mailing [email protected]

3. DISCLOSURES/ONWARD TRANSFERS OF PERSONAL DATA

Except as otherwise provided herein, TheFormTool, LLC discloses Personal Data only to Third Parties who reasonably need to know such data for a legitimate business purpose of TheFormTool’s. Such recipients must agree to abide by confidentiality obligations.

4. SENSITIVE DATA

TheFormTool does not intentionally collect Sensitive Data from Customers. Except as stated otherwise herein, TheFormTool, LLC will not disclose Sensitive Data to any Third Parties, other than its service providers as stated above, unless it receives a Data Subject’s express consent. Further, TheFormTool, LLC will not use Sensitive Data for any purpose other than: (1) the purpose for which it was originally provided, (2) a purpose expressly consented to by the Data Subject; or (3) a purpose expressly described below.

Notwithstanding the above, should TheFormTool, LLC receive Sensitive Data, it may disclose Sensitive Data (and Personal Data) without prior express consent, where such disclosure or use: (a) is in the vital interests of the Customer, or another person; (b) is necessary for the establishment of legal claims or defenses, to obtain legal advice, or for the purposes of establishing, exercising or defending TheFormTool’s legal rights; (c) is required to provide medical care or diagnosis; (d) is necessary to carry out TheFormTool’s obligations under applicable employment or other laws; (e) is data manifestly made public by the Customer; or (f) as otherwise required by law.

5. DATA INTEGRITY AND SECURITY

TheFormTool uses reasonable efforts to maintain the accuracy and integrity of Personal Data and to update it as appropriate. TheFormTool, LLC also uses reasonable physical, administrative and technical safeguards designed to protect against the loss, misuse and alteration of data that we collect or maintain. For example, all electronically stored Personal Data is stored on a secure network with monitored firewall protection, and access to TheFormTool’s electronic information systems requires user authentication via password or similar means. Despite these precautions, no data security safeguards guarantee 100{9e5c399d4686ffbee71f542e7a95a67178027d042b67cd6e8c3b22a26beb12ba} security all of the time.

6. RIGHT TO ACCESS, CHANGE OR DELETE PERSONAL DATA

Upon reasonable request and to the extent the request does not compromise the protections set forth in this Policy, TheFormTool, LLC allows Customers reasonable access to their own Personal Data. Data Subject’s may request that TheFormTool, LLC correct, amend or delete such data where it is inaccurate. TheFormTool, LLC will grant such requests, except where doing so would cause unreasonable burden or expense, or pose a risk to such individual’s privacy. If you wish to access, change, or delete your Personal Data held by TheFormTool, please e-mail [email protected] TheFormTool, LLC will endeavor to respond in a timely manner to all reasonable requests.

7. CHANGES TO THIS POLICY

This Policy may be amended from time to time, consistent with applicable data protection and privacy laws and principles. We will notify you if we make changes that materially affect the way we handle your Personal Data previously collected, and allow you to opt-out of having your Personal Data used in any materially different manner.

8. QUESTIONS OR COMPLAINTS

You may contact TheFormTool, LLC with questions or complaints concerning this Policy at the following:

Consumer Advocate
TheFormTool, LLC
Suite 300
612 Woodland Square Loop
Lacey, Washington USA. 98503
E-Mail: [email protected]

9. ENFORCEMENT AND DISPUTE RESOLUTION

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us at [email protected]

10. DEFINED TERMS

The defined terms in this Policy have the following meanings:

“Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics.

“Customer” means a Data Subject who is a prospective, current or former partner, vendor, supplier, customer, or client of TheFormTool, or a visitor to an TheFormTool, LLC website, who is also a resident of a European Union county, or of Iceland, Lichtenstein, Norway or Switzerland. The term shall also include any individual agent, employee, or representative of a Customer whose Personal Data TheFormTool, LLC has obtained as part of its business relationship with the Customer.

“Personal Data” means data that personally identifies or may be used to personally identify a Data Subject, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password and identification numbers. Personal Data does not include data that is de-identified, anonymous or publicly available.

“Sensitive Data” means Personal Data that discloses a Data Subject’s medical or health condition; race or ethnicity; political, religious or philosophical affiliations or opinions; sexual orientation; or trade union membership.

“Third Party” means any individual or entity that is neither TheFormTool, LLC nor an TheFormTool, LLC employee, agent, contractor or representative.

“Message Recipient” means a Data Subject (i) who is a resident of a European Union county, or of Iceland, Lichtenstein, Norway or Switzerland, (ii) whose Personal Data is included on an TheFormTool, LLC Customer’s marketing or contact list(s) maintained through TheFormTool’s website or services, and (iii) whose Personal Data is stored, processed or maintained by TheFormTool, or on TheFormTool, LLC systems, on behalf of the Customer.

Leave a Reply