Your privacy policy looks good on submission but appears to conflict with your Ts and Cs. Please advise

  • RobertKRice
    Asked on August 12, 2016 at 7:43 AM

    In para 2 (Submission Data) of your Privacy Policy you say "we will not...share data"; but in your Ts and Cs para 5 (Forms and Submissions) you say "you grant Company a ... license to use, distribute, reproduce ... publish, publicly perform and publicly display your Forms and Submissions", which seems a lot like sharing, indeed a whole lot wider.

    I wish to reassure submitters of the form I created with the excellent facilities provided by Jotform (for which i am very grateful) that the data they submit is safe from use by you or others for purposes other than that for which the form was created. What can I say to them ?

  • victor
    Replied on August 12, 2016 at 10:30 AM

    Jotform is very secure and we take is very seriously. All the forms use the SSL to submit forms.

    The forms and submissions are transmitted securely with a 256 bit high-grade encryption. It means that the data is encrypted during the transmission and cannot be interrupted by anyone else. We have a SSL certificate that uses SHA256 /w RSA. (https://www.ssllabs.com/ssltest/analyze.html?d=secure.jotform.com)

    We have bug bounty programs where we pay outside parties for reporting vulnerabilities in our system. Our servers are protected by private networks and constantly updated and patched.

    We are Safe Harbor Certified, please check this blog post for further information. You can also encrypt your forms, please check this page to know more.

    Please check our FAQ: https://www.jotform.com/faq#18

    If you have specific question regarding our security, please let us know. We will answer all of them as best as we can.

  • RobertKRice
    Replied on August 12, 2016 at 11:38 AM

    Dear Victor
    Thank you for your prompt reply. What you say is good but does not explain how to resolve the apparent conflict between
    (A) your Privacy Policy
    and
    (B) your Ts and Cs
    Maybe your legal team need to look at this.
    To repeat with added formatting:

    A) In para 2 (Submission Data) of your Privacy Policy you say "WE WILL NOT SHARE..DATA";
    but
    B) in your Ts and Cs para 5 (Forms and Submissions) you say "YOU GRANT COMPANY A ... LICENSE TO USE, DISTRIBUTE, REPRODUCE...PUBLISH, PUBLICLY PERFORM AND PUBLICLY DISPLAY YOUR FORMS AND SUBMISSIONS", which seems a lot like sharing, indeed a whole lot wider.

    I don't see how both A and B can apply, so which does ?

  • RobertKRice
    Replied on August 12, 2016 at 11:46 AM
    Dear Victor
    Thank you for your prompt reply. What you say is good but does not
    explain how to resolve the apparent conflict between
    (A) your Privacy Policy
    and
    (B) your Ts and Cs
    Maybe only your legal team need to look at this.
    To repeat with added formatting:
    A) In para 2 (Submission Data) of your Privacy Policy you say "WE WILL
    NOT SHARE..DATA";
    but
    B) in your Ts and Cs para 5 (Forms and Submissions) you say "YOU GRANT
    COMPANY A ... LICENSE TO USE, DISTRIBUTE, REPRODUCE...PUBLISH, PUBLICLY
    PERFORM AND PUBLICLY DISPLAY YOUR FORMS AND SUBMISSIONS", which seems a
    lot like sharing, indeed a whole lot wider.
    I don't see how both A and B can apply, so which does ?
    ...
  • liyam
    Replied on August 12, 2016 at 1:19 PM

    Thank you for sharing your observation and thoughts on this, RobertKRice.

    To explain this seemingly quite conflicting idea:

    On the privacy policy, the prerogative there is that JotForm does not, on its initiative share the information of its users and the information gathered by its users, and thus it gives assurance that all information shall not be sold or shared to others, and likewise that JotForm does not, on its own, publishes the records and information which the user holds.

    Regarding the Terms of Service, it explains there that on this part, it is the user's initiative which he shares the information to everyone. And if there is information published through JotForm, it is the user's exercise and not of JotForm.

    Hope this clarifies some issues.

    If you have questions, please let us know.

    Thanks.

  • RobertKRice
    Replied on August 12, 2016 at 1:46 PM
    Dear Liyam and Victor
    Thank you for your response. I must apologise for not reading your Ts
    and Cs carefully enough. I realise that the granting of the license to
    Company only happens if I make a form, submission page or report public
    - I did not notice the first few words of the sentence - so as you say,
    it is up to me.
    I'm currently going going through my own Ts and Cs so appreciate how
    difficult to get these things right, let alone for others to understand
    what one has written !
    Thanks as always for your help
    best wishes
    Robert
    ...
  • liyam
    Replied on August 13, 2016 at 6:59 PM

    No worries, Robert. Things like these from time to time definitely are quite confusing. I'm sure many will still feel or experience the same.

    If in any case you have further questions or concerns, please do not hesitate to ask. We'll be more than happy to assist.

    Thanks. :)