Privacy Policy

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1. Introduction

This Privacy Policy applies to all the products, services, websites and apps offered by EmailMeForm LLC, except where otherwise noted. We refer to those products, services, websites and apps collectively as the "Services" in this policy.

References to "data" in this Privacy Policy will refer to whatever data you collect using our services, whether it be form or survey responses, or data inserted on a site hosted by us. Reference to personal information or just information, means information about you personally that we collect or for which we act as data processor.

2. Information we collect

2.1 Who are "you"?

Please see the following definitions.

Creators

You hold an account within an EmailMeForm service and you either directly create surveys, forms, applications, or questionnaires or you are collaborating on, commenting on, or reviewing surveys, forms, applications, or questionnaires within an account.

Respondents

You have submitted a survey, form, application, or questionnaire powered by an EmailMeForm service.

Website Visitor

You are the visitor to our website.

2.2 Information we collect about you

• Contact Information (for example your name and email address).

  You might provide us with your contact information, either through the use of our services, a form on our website, an interaction with our sales or customer support team, or a response to one of our own surveys.

• Usage information.

  We collect usage information about you whenever you interact with our websites and services. This includes the web pages you visit, your language preference, your location, what you click on, when you perform those actions, and so on.

• Device and browser data.

  We collect information about the device you use to access our services. Device data mainly means your IP address, operating system version, device type, system and performance information, and browser type.

• Information from page tags.

  We use third-party tracking services that employ cookies and page tags (also known as web beacons) to collect data about visitors to our websites. This data includes usage and user statistics. Emails sent by EmailMeForm or by users through our services include page tags that allow the sender to collect information about who opened those emails and clicked on links in them. We provide more information on cookies in our Cookies Policy below.

• Log data.

  Like most websites today, our web servers keep log files that record data each time a device accesses the servers. The log files contain data about the nature of each access, including originating IP addresses, internet service providers, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system versions, device type and timestamps.

• Referral information.

  If you arrive at an EmailMeForm website from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.

• Information from third parties and integration partners.

  We collect your personal information or data from third parties if you give permission to those third parties to share your information with us or where you have made that information publicly available online.

If you are a Creator we will also collect:

Account Information

• Registration information.

  You need an EmailMeForm account to use EmailMeForm services. When you register for an account, we collect your password and email address. If you choose to register by using a third party account (such as your Google or Facebook account), please see "Information from third parties" above.

• Billing information.

  If you make a payment to EmailMeForm, we require you to provide your billing details, your name, address, email address and financial information corresponding to your selected method of payment (e.g. a credit card number and expiration date, PayPal email or a bank account number).

• Account settings.

  You can set personal details on your Account settings page. For example, your payment information and account permissions for team members if you are the Admin.

Use of some of our services will also result in us collecting the following data on your behalf:

• Survey/form/application data.

  We store your survey/form/application data (questions and responses) for you and provide analysis tools for you to use with respect to this data.

3. How we use the information we collect

3.1 Creators

We process personal data about you either with your consent or in order to:

• Fulfill our contractual responsibility to deliver the services to you;

• To pursue EmailMeForm's legitimate interests of:

  • improving service experience; and
  • developing new products and service features.

In each of the instances where we describe how we use your data in this Privacy Policy, we have identified which of these grounds for processing we are relying upon.

You have consented to us using certain types of cookies on our websites. In particular we use:

• Page tags and web beacons.

  We collect information from page tags and web beacons to allow us to determine the success of our advertising campaigns and content.

  We use this data to personalize online marketing campaigns to be relevant to you and your use of our services. For more information please read our Cookies Policy.

  We process your personal information in the following categories of data for legitimate interests pursued by us, which are described in detail in this Privacy Policy. We have undertaken to ensure that we place clear limitations on each of these uses so that your privacy is respected and only the information necessary to achieve these legitimate aims is used. Our primary goal is to improve upon and make sure our services and messaging are relevant for all our users, while also ensuring that personal information of all users is respected and protected.

• Contact information.

  We use contact information to respond to your inquiries, send you information as part of the services, and send you educational information.

  We use your email address to send you educational content on how to use our service unless you indicate a preference to opt-out and for general updates on your account and our service. You can opt out of educational communications at any time by clicking on the "unsubscribe" link in them.

• How you use our services.

  We use information about how you use our services to improve our services for you and all users.

• Device data.

  We use device data both to troubleshoot problems with our service and to make improvements to it. We also infer your geographic location based on your IP address. We collect this to help us improve your service experience through a specific device/browser by optimizing how the website looks in a particular browser and to ensure the service operates optimally on different devices and browsers.

• Log data.

  We use log data for many different business purposes, including:

  • To monitor abuse and troubleshoot.
  • To create new services, features, content or make recommendations.
  • To track behavior at the aggregate/anonymous level to identify and understand trends in the various interactions with our services.
  • To fix bugs and troubleshoot product functionality.
  For example, your IP address is used to determine where an unknown/unauthorized access may have occurred in your account (abuse monitoring).

• Referral information.

  We use referral information to track the success of our integrations and referral processes.

• Third parties and integrations.

  We will collect and use information from third parties and integration partners to:

  • Ensure you can sign-up to our service from a third party integration like Facebook or Google;
  • To personalize our services for you; and
  • Ensure you can use our service in conjunction with other services.

• Service and Marketing uses.

  We combine information about you from third-party sources with information we hold about you to create a user profile, which will help us to make our sales and marketing efforts more relevant to you and to personalize and improve your service experience. To manage our services we will also internally use your information and data, for the following limited purposes:

  • To enforce our agreements where applicable.
  • To prevent potentially illegal activities.
  • To screen for and prevent undesirable or abusive activity.
  • Legal uses.
  • To respond to legal requests or prevent fraud, we may need to use and disclose information or data we hold about you. If we receive a legal request, we may need to inspect the data we hold to determine how to respond.

We collect and use the following data on the basis that we have to use this information in order to fulfill our contract with you:

• Your Account Information.

  We need to use your account data to run your account, provide you with services, bill you for our services, provide you with customer support, and contact you about your service or account. We 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 cannot opt out of these communications since they are required to provide our services to you.

• Your Profile.

  We process other aspects of your account information for legitimate interests like providing you with a personalized experience and relevant and useful marketing information as well as to make other product, feature and service recommendations to you to optimize your use of the services we offer. You can object to us using your data as described above but our ability to fully and properly provide our services to you may be impacted if you do not want us to collect or use the above data.

3.2 Respondents

We process your personal information in the following categories of data for legitimate interests pursued by us, which are described in detail in this privacy policy. We have undertaken to ensure that we place clear limitations on each of these uses so that your privacy is respected and only the information necessary to achieve these legitimate aims is used. Our primary goal is to improve upon and make sure our services and messaging are relevant for all our users, while also ensuring that personal information of all users is respected and protected.

• Cookies (to include page tags).

  We collect information using cookies when you take a survey. These cookies are used to ensure that the full functionality of our survey service is operational, to ensure the survey operates appropriately and optimally. For more information please read our Cookies Policy. After completion of a survey, in most cases, you will be redirected to our website and treated as a website visitor where other cookies may be used so you should read our Website Visitor section if this is of interest to you.

  Example
  We use cookies to ensure a respondent can only take a survey once (where the Creator has set this function) and to track completion rates of surveys.

• Contact information.

  As a Respondent, we only use contact information to respond to an inquiry which you submit to us.

  Example
  Our customer support team uses your email address to communicate with you if you have contacted us about a survey, form, application or questionnaire you received, but we will not send marketing materials to you unless you have otherwise opted-in to it.

• Device and browser data.

  We use device data both to troubleshoot problems with our service and to make improvements to it. We also infer your geographic location based on your IP address.

• Log data.

  • We use log data for many different business purposes to include:
    • To monitor abuse and troubleshoot.
    • To create new services, features, content or make recommendations.
    • To track behavior at the aggregate/anonymous level to identify and understand trends in the various interactions with our services.
    • To fix bugs and troubleshoot product functionality.

  Example
  Your IP address is used to ensure that you do not complete the same survey, form, application or questionnaire twice if the creator has included settings to avoid this, for abuse monitoring purposes (so we can identify a Respondent who abused the survey taking experience in a manner contrary to our usage policies or to facilitate the Creator in complying with their own legal obligations. We also collect log data to collate aggregated data and metrics on activity at a non-identifying level and so that we can identify trends in survey taking over time.

• Third parties and integrations.

  We will collect and use information from third parties and integration partners to facilitate Creators in sending surveys / forms / applications / questionnaires to you.

• To manage our services we will also internally use your information and data, for the following limited purposes:

  • To enforce our agreements where applicable.
  • To prevent potentially illegal activities.
  • To screen for and prevent undesirable or abusive activity.

• Legal uses.

  To respond to legal requests or prevent fraud, we may need to disclose any information or data we hold about you. If we receive a legal request, we may need to inspect the data we hold to determine how to respond.

Use of survey responses (EmailMeForm surveys only)

In general survey responses to EmailMeForm surveys are controlled and managed by the Creator (the person who sent or deployed that survey). In those instances EmailMeForm is only processing those responses on behalf of the Creator.

3.3 Visitors

We process personal data about you where:

• You have consented or;

• EmailMeForm has legitimate interests of:

  • improving service experience; and
  • developing new products and service features.

When you have consented we collect and use the following information about you:

• Contact Information.

  We use contact information to respond to your inquiries, send you information as part of the services, and send you marketing information (as long as you have agreed to this at the point of providing your information and for as long as you do not opt-out).

  Example
  We provide your email address to a member of our support team who will contact you if you submitted an inquiry through one of the online forms on our site. You might also receive marketing communications from us if you have consented to this at the point where you provided your information. We will always provide you with the means to opt-out of this marketing at any time.

• Cookies - page tags and web beacons.

  We collect information from page tags and web beacons to allow us to determine the success of our website content and advertising campaigns. For more information please read our Cookies Policy.

• How you use our services.

  We use information about how you have interacted with our websites to improve our website services for you and all users. Some examples relevant to you:

  Example
  We collect information about the web pages you have visited and your activity on our sites. We collect this information so that we can track the most visited and most useful parts of our website to identify what are our most popular services.

• Device data.

  We use device data both to troubleshoot problems with our service and to make improvements to it. We also infer your geographic location based on your IP address.

  Example
  We collect device and browser information from you to troubleshoot website functionality issues and to fix bugs.

• Log data.

  We use log data for many different business purposes to include:

  • To monitor abuse and troubleshoot.
  • To track your preferences and create new services, features, content or make recommendations personalized for you.
  • To track behavior at the aggregate/anonymous level to identify and understand trends in the various interactions with our services.
  • To fix bugs and troubleshoot product functionality.

  Example
  Your browser type to determine how we can present our website best within that browser environment.

• Referral information.

  We use referral information to track the success of our integrations and referral processes.

• We will also internally use your information and data, for the following limited purposes:

  • To enforce our agreements where applicable.
  • To prevent potentially illegal activities.
  • To screen for and prevent undesirable or abusive activity like phishing, spam, and fraud.

• Legal uses.

  To respond to legal requests or prevent fraud, we may need to disclose any information or data we hold about you. If we receive a legal request, we may need to inspect the data we hold to determine how to respond.

4. Information you share

Many of our services let you share information with others. Remember that when you share information publicly, it can be indexable by search engines. Our services provide you with different options on sharing and deleting your content but we cannot delete content from search engines so you need to be careful about information you make public.

5. Information we share with Partners and via Integrations

We do not share your information or data with third parties outside EmailMeForm except in the following limited circumstances:

• If you are a Creator that is part of a team, your account information and data may be shared with the administrator(s) and your form and survey data may also be visible to other members in your team with whom you share this data or with whom you collaborate. Team administrators can set up permissions for the accessibility of the data you collect.

• To help us provide certain aspects of our services we use our affiliates and trusted key partners - in particular, we engage third parties to:

  • Facilitate customers in making credit card payments.
  • Deliver and help us track our marketing and advertising content.
  • Help us track website conversion success metrics.
  • Manage our sales and customer support services to you.

We enter into confidentiality and data processing terms with partners to ensure they comply with high levels of confidentiality and best practice in privacy and security standards and we regularly review these standards and practices.

• On your instructions, we share your information if you choose to use an integration in conjunction with EmailMeForm services, to the extent necessary to facilitate that use.

• We also have to share information or data in order to:

  • Meet any applicable law, regulation, legal process or enforceable governmental request.
  • Enforce applicable policies, including investigation of potential violations.
  • Detect, prevent, or otherwise address fraud, security or technical issues.
  • Protect against harm to the rights, property or safety of our users, the public or to EmailMeForm and/or as required or permitted by law.

6. Cookie Policy

EmailMeForm Ltd. is the company that manages the website www.emailmeform.com and all its properties. Our websites use cookies to improve browsing experience and provide personalized content to our visitors and users.

We may also share the anonymous and non-personally identifiable cookie information we collect with the third-party tools we use to improve our service, market our product, and analyze the performance of our website and its properties. By using our website you accept our use of cookies.

Here we provide information about the types of cookies EmailMeForm uses and how to disable them. If you cannot find the specific information that you are looking for or if you have questions, please feel free to contact us anytime.

6.1 What is a cookie?

Cookie is a small file that can be placed on your device that allows us to recognize and remember you. It is sent to your browser and stored on your computer's hard drive or tablet or mobile device. When you visit our sites, we may collect information from you automatically through cookies or similar technology.

6.2 How do we use cookies?

We use cookies in a range of ways to improve your experience on our site, including

• Keeping you signed in
• Understanding how you use our site
• Showing you content that is relevant to you
• Showing you EmailMeForm products and services that are relevant to you
• Working with partners to serve you relevant advertising

Ultimately, this allows us to publish the content that you read on our sites and apps.

In the next section, we explain in more detail how we use cookies and similar technology on our sites and apps for a number of purposes.

Other organizations also collect user information on our sites through cookies, tags and pixels. Tags and pixels, also known as web beacons, are similar to cookies but are collected through embedded images.

Using cookies and other technology allows other organizations to help us to analyze how our site is being used, measure the number of visitors to the site, and display advertising.

Cookies that are used by EmailMeForm are referred to as "first-party cookies" and those that are used by our partners are "third-party cookies". Because of how cookies work, our website cannot access third-party cookies; nor can other organizations access the data in the cookies we use on our website. There are more details about both in the following sections.

6.3 What types of cookies do we use?

We use four types of cookies, which we describe in this section.

• Essential - cookies that are essential to provide you with services you have requested. For example, these include the cookies that make it possible for you to stay logged into your EmailMeForm account and make comments. If you set your browser to block these cookies, then these functions and services will not work for you. In particular, we won't be able to save your preferences about cookies.

• Performance - cookies which measure how often you visit our sites and how you use them. We use this information to get a better sense of how our users engage with our content and to improve our sites and apps, so that users have a better experience. For example, we collect information about which of our pages are most frequently visited, and by which types of users. We also use third-party cookies to help with performance. For example, the Google Analytics cookie gives us information such as your journey between pages and whether you have downloaded anything (details of how to opt out of it are below).

• Functionality - cookies that are used to recognize you and remember your preferences or settings when you return to our site, so that we can provide you with a more personalized experience. For example, if you are based in the United Kingdom, we will remember this and make sure that you receive the UK homepage when you visit our site, rather than the US or Australia homepage. A mix of first-party and third-party cookies are used.

• Advertising - cookies that are used to collect information about your visit to our site, the content you have viewed, the links you have followed and information about your browser, device and your IP address. We have set out more details on this below.

All of the cookies used by EmailMeForm are safe for your computer and they only store information that is used by the browser.

• They cannot access your computer or harm it in any way.
• Many of our cookies are necessary for the proper functioning of our website.
• Other cookies improve user experience by storing site preferences, language preferences, as well as information about previously viewed content.

6.4 How to manage cookies

You can switch some cookies off through the Your Online Choices site . You may need to do this again each time you use a different IP address or device.

Additionally, you can disable cookies anytime you want in your computer's internet browser configuration settings. However, disabling cookies may cause some web services to malfunction in your browser and certain content might be blocked for you.

Below you will find information on how to deactivate or block cookies in the main web browsers:

• Cookie settings in Chrome
• Cookie settings in Safari and  iOS
• Cookie settings in Firefox
• Cookie settings in Internet Explorer
• Cookie settings in Opera
• Cookie settings in Android
• Cookie settings in Windows Phone

You can also configure your cookie usage by website, set browser-specific cookie preferences, including preferences for third-party cookies and advertising cookies.

If you would like to contact us about cookies please email gdpr@emailmeform.com.

7. Security

We take significant steps to ensure that our servers and your data are always kept secure. This includes hiring leading E-Commerce Gateway Systems and Security firms to improve and audit our performance including Plimus E-Commerce Systems, PayPal, McAfee SECURE and VeriSign.

When we collect personally identifiable financial information from you, the data is always secured by the Secure Sockets Layer (SSL). Additionally, all personal credit card and payment information are not stored within EmailMeForm systems.

8. Safety of Minors

Our services are not intended for and may not be used by minors. "Minors" are individuals under the age of 13 (or under a higher age if permitted by the laws of their residence). EmailMeForm does not knowingly collect personal data from Minors or allow them to register. If it comes to our attention that we have collected personal data from a Minor, we may delete this information without notice. If you have reason to believe that this has occurred, please contact customer support.

9. Agreement to Terms of Privacy Policy

9.1 Any Service provided by EmailMeForm is purely voluntary. You are not required to provide any personal information to us unless you choose to access features of the Service that require such information. If you do not agree with the terms of this policy or EmailMeForm's Terms of Use related to the Service, then please do not provide us with personal information, exit the websites immediately, and refrain from using the Service.

9.2 Accordingly, by creating an EmailMeForm Account (as defined in the Terms of Use), or by otherwise accessing, visiting or using the Service, you expressly consent to our collection, use, disclosure and retention of your information as described in this Privacy Policy and in the EmailMeForm's Terms of Use.

10. Changes to the Privacy Policy

We may amend this Privacy Policy from time to time. You may be required to accept the amended Privacy Policy upon logging in to your EmailMeForm Account in order to keep using the Service. Alternatively, we may post any material changes to this Privacy Policy on the Site with a notice advising of the changes in advance of the effective date of the changes. We may also notify you of material changes to this Privacy Policy, before the effective date of the changes, by sending an email or in another manner reasonably designed to notify you. If you do not agree to the new Privacy Policy, you may terminate using the Service within the applicable thirty (30) day period and you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days.

11. Rights to Access, Rectification or Erasure, Restriction and Objection of Processing

You have the right to access, rectification, opposition, erasure ("right to be forgotten"), and right to restriction of processing of your personal data and EmailMeform allows you to exercise these rights by directing any such requests to our security support team at gdpr@emailmeform.com.

12. Purposes and Legitimate Basis of the Use and Sharing Information

EmailMeForm complies with the GDPR framework as set forth by the EU regarding the collection, use, and retention of personal data from EU member countries. If you are located outside the EU and choose to use the Service or provide your information to us, please note that your information may be transferred, processed and stored by our service providers in other non-EU countries. Privacy laws of the European Union and third countries may not be as protective as those in your jurisdiction. Your agreement to the terms of this Privacy Policy followed by your submission of information in connection with the Service represents your agreement to this practice. If you do not want your information transferred to or processed or stored in the EU or in the United States, you should not use the Service. If you are located in the EU, we guarantee that we will only transfer your data to companies that have signed our Data Privacy Agreement or that are registered with the Privacy Shield, to ensure a level of data protection compliant with the GDPR.

Your data is not disclosed to any third party except (i) for providing the services you requested and for which EmailMeForm collaborates with third parties, (ii) when we have your permission, (iii) when it is required by a competent authority in the exercise of its duties (for example in order to investigate, prevent or take action regarding illegal activities) or (iv) as otherwise required by law.

We do not use your data other than as described in this Privacy Policy and the Terms of Use.

13. Canceling Your Account and Modifying Personal Information

13.1 You may cancel your account at any time by changing the settings in your account settings page. Deleting your account will cause all the data in your EmailMeform account to be permanently deleted from our systems within a reasonable time period, as permitted by law and will disable your access to any other services that require an EmailMeForm account. We will respond to any such request, and any appropriate request to access, correct, update or delete your personal information within the time period specified by law (if applicable) or without excessive delay. We will promptly fulfill requests to delete personal data unless the request is not technically feasible or such data is required to be retained by law (in which case we will block access to such data, if required by law).

13.2 You may modify your personal information by logging in and visiting your Account settings page, following the instructions provided, or open a support ticket.

13.3 We encourage you to update your personal information when it changes. Information concerning your past behavior with the Service may be retained by EmailMeForm as long as necessary for the purposes set out below.

14. Data Retention

14.1 We retain information for active EmailMeForm Accounts as long as it is necessary and relevant for our operations. In addition, we may retain information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce the Terms of Service and take other actions permitted by law.

14.2 The information we retain about you will be handled in accordance with this Privacy Policy during the maximum terms permitted by law, and will exclusively be used for the purposes described in section 14.1 above.

14.3 If you hold an account with EmailMeForm we do not delete the data in your account - you are responsible for and control the time periods for which you retain this data. There are controls in your account where you can delete data at the account level (all data in your account) and at the response level. If you are a Respondent, you will need to ask the Creator how long your responses will be stored in EmailMeForm services.

14.4 EmailMeForm is committed to maintaining your privacy and security. We respect the privacy of all of our account holders and the data collected from the forms. Although EmailMeForm may own the data storage, databases and the service, you retain all rights to your data. We will also not utilize your data in our databases to compete with you, market to your clients, advertise to, or contact them for any reason. The only exception to our strict adherence to your privacy is if it becomes necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Service, or as otherwise required by law.

15. EU-EU-US Privacy Shield

15.1 EmailMeForm is located in the United States and accordingly, data (to include Respondent data) will be transferred to the United States.

EmailMeForm participates in and has certified its compliance with the EU-EU-US Privacy Shield Framework. EmailMeForm is committed to subjecting all personal information and data received from European Union (EU) member countries, 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/.

EmailMeForm also complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

When EmailMeForm receives personal information under the Privacy Shield and then transfers it to a third-party service provider acting as agent on EmailMeForm's behalf, EmailMeForm 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) EmailMeForm is responsible for the event giving rise to the damage. With respect to personal data received or transferred pursuant to the Privacy Shield Framework, EmailMeForm is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. In certain situations, EmailMeForm may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the Privacy Shield Principles, EmailMeForm commits to resolve complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact EmailMeForm at: https://www.emailmeform.com/contact-us.html.

EmailMeForm has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU in the context of the employment relationship.

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://gdpr-rep.eu/q/14023091.

Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

16. Terms of Service

Your use of the EmailMeForm services is governed by our Terms and Conditions, which contains disclaimers, limitations of liability and a choice of California law and jurisdiction.

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