This End-User License Agreement (“EULA”) shall govern the terms of usage of the Formplus website application ("Formplus") and constitutes a legal contract between you (the user) and Formplus, a registered company who operates the Formplus website application at the domain address (http://www.formpl.us/). Formplus Inc is incorporated in the United States at 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808-1674.Your use of the services offered on the Formplus website application is under a license subject to this document which sets out the terms of the license to use Formplus.
1.1. To use the Formplus services, you must accept the terms of Usage. You may not use the services if you do not accept the terms.
1.2. Any of the following shall constitute an acceptance of the terms of usage and the EULA:
(i) Clicking on the "YES"/"ACCEPT" button where the option is made available by Formplus in the user interface or any other button provided on the page.
1.3. If you do not wish to be bound by the terms of this EULA, click the “NO”/CANCEL button, and do not access or use the website.
2.1. Regardless of the translation offered of this End User Licensing Agreement by any user interface or translator, the English Language version of the EULA shall take precedence and govern the relationship between the user and Formplus
Formplus will not share your personal information with companies, individuals, and organisations outside of Formplus, subject to the following exceptions:
Information will be available to companies, individuals and organisations when you consent to it, and only to the extent of information that you consent to your information being shared. Therefore, an opt-in consent will be required for such Information to be shared to companies, individuals and organisations outside of Formplus
Formplus may provide its affiliates or other trusted business entities and persons with certain personal information for processing. This however shall be in strict compliance with appropriate confidentiality, privacy and safety standards. The processing of this information is to improve, maintain, protect and develop the quality of services for Formplus and its end users.
This will also only be shared when you consent to it, and only to the extent of information that you consent to your information being shared. Therefore, an opt-in consent will be required for such Information to be shared to companies, individuals and organisations outside of Formplus
Personal information will be shared with companies, individuals and organisations outside Formplus in the existence of reasonable belief that access and disclosure of that information is necessary:
Formplus commits to keep your details and identity private, save in respect of displaying any person/entity's logos as indicative of users of Formplus on the website and in Formplus marketing materials. Any user can however opt-out of having their logos displayed for marketing purposes by Formplus by indicating an intention to the contrary. Any user who objects to any indication of their use of Formplus services in any advertising should notify at privacy@formpl.us.
Cookies are small amounts of information stored in the browser of each user for the server to remember certain information that may subsequently be used in order to enhance the user's browsing experience. The user has the option and responsibility to disable cookies by selecting the appropriate option in the browser options. However, deactivating cookies may affect the correct operation of the Website.
4.1. In order to make use of the Formplus services, a user should be signed in with a Google, Facebook or an email account. The user has a responsibility to protect the security of his login information and ensure the diligent custody and use of the same.
4.2. The User is personally liable for the activities undertaken on the Formplus website application, and is responsible under all local, national or international laws and regulations applicable to the use of Formplus, including those relating to the protection of intellectual property, protection of personal data, international communications and data transmission, whether under the law governing the user or the law of governing Formplus.
4.3. Formplus accepts no responsibility for the improper use of the Formplus website application and any content put on the Formplus website application by an End User.
5.1. Formplus prohibits collecting banking and credit card information except through the payment field features available through Formplus. When used properly, Formplus servers never process, store, or transmit credit card information. Formplus has a payment feature for the dealing with payment on forms. Formplus offers several secure payment integrations for processing credit card payment on your forms
6.1. When Users make use of the payment feature/services provided through Formplus, the money received goes directly to the Form Owner or User, and not FormPlus.
6.2. Formplus exempts all liability for payments received through Formplus forms by any User.
7.1. Formplus prohibits the use of any Formplus service or the website application for phishing, disguising as a trusted entity, misrepresenting to be another organisation, stealing sensitive user data (including login credentials, personally identifiable information, banking and credit cards, and passwords), sending deceptive e-mails, fraud.
7.2. Breach of the 6.1 above, and use of Formplus service or the website application for any of the activities prohibited above will lead to restriction, ban from all Formplus services, and termination of the license to use Formplus services as stated in Clause 16 of this End User License Agreement for such User, without refund
7.3. Where Formplus determines that an activity by a user is of a criminal nature, Formplus may also report such activities to law enforcement agencies and share all available information with the appropriate authorities.
8.1. In using Formplus services for email invitation, the user has the responsibility and full liability for ensuring the email addresses were legally obtained and that the owners of each email address has consented and opted into receiving emails from the User.
8.2. Formplus will make best effort to ensure all emails and email notifications (including but not limited to submission notifications, autoresponders, workflow notifications, email invitations, team invites etc) processed through Formplus services are successfully delivered but Formplus excludes all liability for instances where emails and email notifications are undelivered or received by the User.
9.1. Formplus shall have no responsibility or liability for Data collected through the forms. The liability for every data collected through forms on Formplus shall be that of the Form Owner or User.
9.2. All information collected over Formplus forms is stored in the cloud storage of the form owner and Formplus for users who opt to store responses with us. This information is not accessed by Formplus except when account owner explicitly gives us permission to. This information is accessible from the cloud storage of the account owner and the assigned collaborators.
9.3. The form owner agrees to bear all liability for how they handle such information and exempt Formplus from any liability on how the information collected through the Form is processed by the Form Owner.
9.4. For more information on how data is processed, please read our Privacy Policy.
10.1. Formplus will make best effort to ensure the counter display for received form submissions are precise, however the counter displayed may sometimes not be accurate. When in doubt, the user is advised to check the status of the form.
10.2. Formplus will make best effort to ensure service availability and uptime, but excludes all liabilities for service downtimes.
11.1. Formplus forms provide features for collecting signatures on contracts as part of Formplus services. Formplus excludes all liabilities for agreements made using this service.
12.1. Formplus forms are intended to work seamlessly offline and online. Once the User comes online, the offline responses are synced with the online response.
12.2. In the event that data is lost in the process of syncing offline responses with Formplus servers or any other way, Formplus excludes all liability for this data loss.
Formplus shall not be responsible for processes set up by Users using Formplus services.
14.1. It is strictly prohibited to:
a. Modify the website/software product in whole or in part.
b.Reverse engineer, decompile, or disassemble the website/software product.
This website/program is provided and licensed "as is", without any warranty of any type, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. In no event shall Formplus, or any other third parties involved in the creation, production, or delivery of this website/program be liable for any type of damage, in any circumstance (including, but not limited to, the direct or indirect damages caused by loss of business profits, business interruption, loss of business information, or any other pecuniary loss), arising out of the use of or the inability to use the website/product, even if Formplus has been advised of the possibility of such damages.This limited warranty is governed by and interpreted according to the law of incorporation of Formplus Limited as well as other laws, international and domestic intellectual property laws and by international treaties.
Nonetheless, the user shall inform Formplus by sending an email to privacy@formpl.us of any apprehension of a breach/misuse of its account/forms. Formplus is not liable and will not assume any kind of responsibility for information contained on any Website belonging to a third party which may be accessible through the links or browsers available on the Website.
Formplus may terminate this license at all times by informing the software product user.
16.1. The following acts are not permissible and may terminate the User's license to use Formplus:
i. Collecting, uploading, publishing, sending or transmitting any information, material or other content that is illegal, threatening or libellous; or
ii. Collecting, uploading, publishing, sending or transmitting any information, material or other content that violates the rights of third parties, including intellectual property rights; or
iii. Intentionally or maliciously collecting, uploading, publishing, sending or transmitting any information, material or other content contains viruses or any other kind of malicious code(s); order
iv. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; order
v. Obtaining, collecting, storing or modifying other user's personal data or information; order
vi. Any other purpose or use of Formplus that qualifies as illegal or unauthorised in the user's jurisdiction or Formplus jurisdiction.
16.2. The User shall lawfully terminate his license by:
i. Revoking access to the Formplus application by cancelling a subscription from the user Account.In the case that the user needs to close out an account completely, an email should be sent to support@formpl.us specifying this. At this point, all personal data will be deleted.
Formplus reserves the discretion, with no obligation to give details to the user, to upgrade and do any such things as are necessary for the administration of the website, with no requirement of the user’s consent.
18.1. Any disputes arising from the use of this Website or the legal notices, privacy agreement and policy terms of usage and EULA shall be governed by US law as well as other international intellectual property laws such as The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), WIPO copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) and by other international treaties.
18.2. This shall not derogate from the right of Formplus to pursue any action against any violators of this EULA under clauses 5, 6 and 8, in the User's jurisdiction.
This Legal Notice and Terms of Service may be modified at any time without notice, but the most current version will always be available to the users on this Website.
Effective Date: 4th of March, 2024
Address: 2138 South Indiana Avenue, Chicago. 60616 U.S
Phone Number: +1 865 264 0403
E-mail: privacy@formpl.us
Formplus (“We”, “Us”, “Our”) is a Software as a Service (Saas) product that enables businesses, corporations and individuals to collect and manage data electronically, eliminating the need for paper forms. We are a cloud-based data collection tool and form-building service that allows users to collect data from an online and offline audience in an automated and analytical manner. We are positioned as a multi-industry service providing support across education and core business sectors with features such as student quizzes and examinations as well as automating the business data gathering and collection processes, recruitment processing, surveys and customer engagement, multiple-page forms creation via drag-and-drop fields, payment collection and transaction tracking, form customisation and inbuilt calculations, logic enabled forms, analytics, reporting etc. (the “Services”).
This Privacy Notice outlines how we collect, use, and protect your personal data in accordance with the General Data Protection Regulation (“GDPR”) and applicable data protection laws in Delaware, United States of America.
| Purpose | Lawful Basis |
|---|---|
| Processing your personal data in order to provide you with access to our Services. |
|
| To place certain cookies and to share your information with third parties for advertising purposes. |
|
| For our internal business and management purposes, including for the purpose of ensuring compliance with internal Formplus policies, budgeting, forecasts, planning and related analysis and management (which may include the creation of reports for analysis, which may be aggregated and anonymized). |
|
| To run, manage and/or reorganize our business, assets, and operations (including in anticipation of any proposed business sale, merger, or divestiture). |
|
| To inform and manage our internal company policies, office utilization and real estate capacity and to improve working conditions for our employees (which may include the creation of reports for analysis, which may be aggregated and anonymized). |
|
| To record and monitor customer calls for the following purposes: training, quality, compliance, fraud prevention and complaint handling. |
|
| For accounting and auditing purposes. |
|
| To comply with applicable laws and undertake sanctions screening, including where required with respect to judicial or administrative orders regarding individual employees and/or for regulatory submissions and/or to conduct internal investigations. |
|
| To cooperate with regulators, law enforcement and other authorities. |
|
| To market and send you promotions and offers about our products and services. |
|
We only share your personal data with third parties when it is necessary to provide you with our services or to comply with legal or regulatory requirements. Your personal data may be shared with the following categories of recipients:
As a data subject, you have the following rights:
You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.
Please contact us at privacy@formpl.us or call +1 865 264 0403 if you wish to make a request.
We will retain your data for defined retention periods. These retention periods will vary, depending on the reason for why we continue to hold your personal data, and considering the nature and the sensitivity of the data. Although there are some exceptions to this, generally we will retain personal data for the duration of your working relationship with us. We will also retain some personal data after your working relationship with us has ended. The retention period will be determined by various criteria, including:
When your personal data is no longer necessary for the above purposes, we will securely destroy such information or permanently de-identify it. For more information about our data retention practices, you can contact us – please see the “contact us” section below.
Formplus is dedicated to safeguarding your personal data and maintaining its confidentiality and integrity. We implement robust security measures and follow industry best practices to protect your information from unauthorized access, disclosure, alteration, and destruction. Our security measures include:
While we take every reasonable precaution to protect your data, it's important to acknowledge that no system can be entirely immune to security risks. We encourage you to take steps to safeguard your personal data, such as using strong and unique passwords, keeping your login credentials confidential, and promptly reporting any suspicious activity.
All information collected over Formplus forms is stored in the cloud storage of the form owner and Formplus for users who opt to store responses with us. This information is not accessed by Formplus except when the account owner explicitly gives us permission to. This information is accessible from the cloud storage of the account owner and the assigned collaborators.
In the event of a data breach that could result in a high risk to your rights and freedoms, we will notify you and the appropriate regulatory authorities in accordance with legal requirements. Our commitment is to continuously enhance our security practices to ensure the safety of your personal data.
We do not use automated decision-making, including profiling, to process your personal data.
We may transfer your personal data to organizations in other countries and (where permitted by applicable law) to regulatory authorities in other countries. Some of these jurisdictions may not provide the same level of protection for personal data as provided in the United States of America and the United Kingdom. Some countries will have different data protection laws. This includes transfers to countries outside of the United States of America and the United Kingdom. We undertake these transfers to operate our business and to manage and administer our relationship with you.
Keep in mind, no matter where we process your personal data, we will always protect it in the manner described in this Privacy Notice and in accordance with applicable laws.
Our Platform is not directed to minors who are under the age of 18. If you become aware that your child has provided us with personal data without your consent, please send an email to support@formpl.us. We do not knowingly collect personal data from children under the age of 18. If we become aware that a child under the age of 18 has provided us with personal data, we take steps to remove such information and terminate the child's account.
If you have any concerns about our use of your personal information, you can make a complaint to us at privacy@formpl.us.
Formplus reserves the right to update or modify this Privacy Notice to reflect changes in our data processing practices or legal requirements. We will notify you of any material changes by posting the updated notice on our platform or by other means of communication, where appropriate. We encourage you to review this notice periodically to stay informed about how we are protecting your personal data.