GDPR

  • GDPR

GDPR

Information about our privacy & General Data Protection Regulation efforts

The European General Data Protection Regulation (“GDPR”) legislation introduces a new set of rules for the processing of personal data. GDPR is the most modern and fully integrated legislation on data privacy, and the applicability of the GDPR does not stop at the borders of the European Economic Area (“EEA”).

forms2 has embraced the requirements of GDPR, and we consider GDPR to be the benchmark for our privacy and data protection efforts. Below you’ll find information about GDPR, as well as answers about data protection and privacy at forms2, for your convenience.

You should also consult our Privacy Policy and Terms of Use for further details on these topics.

Why GDPR should matter to you

GDPR modernises outdated privacy laws and impacts your organisation if you collect or process data in or from Europe.

If you’re based in Europe, or you work with persons that are in Europe, then you likely need to comply with GDPR.

Significant fines of up to €20,000,000 or 4% of global annual turnover, whichever is greater, could be levied on you if your organisation is impacted and is not GDPR compliant.

How to prepare for GDPR

If your organisation is impacted by GDPR, then you need to make sure you are compliant with the legislation before it commences on 25 May 2018.

The good news is that we make it easy to use forms2 in a GDPR-compliant way!

The following steps are recommended as a means to achieving compliance.

NOTE: We’re not lawyers! If you’re unsure about your compliance status, seek legal advice.

Review your vendors and data flows

Make a list of your software and other vendors, and document the data flows across your business, what type of personal data you collect and who has access. It’s likely that you will need to put in place agreements that assure data protection with any vendors you submit personal data to.

Review the forms2 DPA if applicable

If you’re an forms2 customer and are considered to be a data controller under GDPR, then you should review our online Data Processing Agreement(DPA) as it applies to you. The forms2 DPA incorporates with our Terms of Use so, by having acknowledged our Terms of Use and continuing to use forms2, you’re already accepting our DPA.

Should you need to explicitly sign a data processing agreement with forms2, then please email us at privacy@forms2mobile.com

Identify and mitigate your risks

Perform a risk assessment within your business to identify any gaps that need to be addressed for meeting GDPR compliance.

Implement your compliance ongoing

Plan and implement your GDPR compliance activities ahead of the May 25, 2018 deadline, and then ensure that compliance continues thereafter as an ongoing discipline for your organisation.

Common questions about GDPR and privacy at forms2

What is GDPR?

“GDPR” or “General Data Protection Regulation “(EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) is the new European privacy legislation.

It aims to harmonise legislation throughout the EU with the intention to:

increase the general awareness of data privacy,
allow individuals to take control over their privacy and their fundamental rights, and,
strengthen security requirements throughout companies and organisations.

Where/when does GDPR apply?

GDPR goes into effect on 25 May 2018 and applies to:

– all organisations established in the European Economic Area (“EEA”)

– to organisations, whether or not established in the EEA, that process personal data in connection with either the offering of goods or services to natural persons in the EEA or the monitoring of behaviour that takes place within the EEA.

Thus from the moment there is processing of personal data in the EEA, or from the moment a person located in the EEA is referenced, GDPR will apply (regardless of whether the processing entity is located in the EEA).

forms2 is a company registered in the United Kingdom, with offices and personnel based within the United Kingdom.

What does the forms2 Platform do?

forms2 provides a solution for rapidly creating data-driven business apps on mobile and desktop devices, all with no programming required.

This enables businesses to reduce paper, enhance productivity and improve accuracy in a wide variety of industries and field usage scenarios.

forms2 platform provides an “end to end” platform for creating custom business apps, securely capturing and accessing data through these apps, safe cloud-based storage of data, and connection/integration of data with other external services.

forms2 is offered as “Software as a Service” (“SaaS”), which is a licensing and delivery model where software is centrally hosted and made available to multiple customers over a network, including through interacting applications (including mobile/desktop apps, web browser, and/or connectors to third-party systems).

Personal Data (as defined by GDPR) is only processed by forms2 under the control and direction of forms2 customers.

Who is a “Controller” or a “Processor” under GDPR?

forms2 customers decide the nature of data being captured and stored, and they choose which individuals interact with the forms2 Platform (thus in turn whose personal data is captured and processed).

It is thus you, as a forms2 customer, that legally acts as the “Controller” as defined under GDPR.

forms2 provides the means (the forms2 Platform) for forms2 customers to capture data and interact with their respective users, clients and other parties.

As such, forms2 is only processing personal data for, and on behalf of, forms2 customers as a “Processor”, as defined under GDPR.

The only case where forms2 acts as a Controller is during a limited set of direct interactions with forms2 customers (these being governed by the forms2 Privacy Policy).

What is forms2 doing to meet GDPR requirements?

forms2 has undertaken a number of initiatives to meet GDPR requirements:

Hosting of ALL customers exclusively within EU data centers

All data for all customers is hosted within our cloud partner’s (Microsoft Azure) West Europe (Amsterdam) and North Europe (Dublin) data centers.

Encryption of data at rest and in transit

All data stored within the forms2 Platform is encrypted on our servers, be this within a database, storage service or file backups.

All data transport between servers, services and/or devices (both internally and externally) occur exclusively over SSL encrypted transport protocols.

Dedicated GDPR and Privacy Information page

We have created a dedicated webpage (you are reading it now) with detailed information about forms2 privacy efforts at https://forms2mobile.com/gdpr.

Data Processing Agreement (DPA)

forms2 provides a standard DPA The DPA clearly outlines the data processing terms between forms2 and a customer. If you require a signed DPA please email us at privacy@forms2mobile.com

This allows forms2’s European customers to provide the signed DPA to auditors demonstrating that the forms2 Platform is used to process data in a way that meets their GDPR compliance obligation.

“Is Personal Data” flags for data entities in the platform (e.g. forms and data sources)

The forms2 Platform now provides new checkbox options to allow forms2 customers to flag/identify data fields that contain personal data.

This, in turn, allows the forms2 Platform to anonymise these fields when data leaves the forms2 Platform (e.g. via manual export, connector integrations, and/or the forms2 Platform API).

Careful vetting of sub-processors

Each sub-processor of forms2 is vetted by our team in the areas of security, contractual terms, data processing agreements, and EU standard contractual clauses / Privacy Shield.

Up-to-date contractual documents/privacy policies

Our contractual documents have been updated to contain necessary GDPR provisions, including data processing agreement, end-to-end confidentiality and privacy policies.

Product Development

All new forms2 Platform functionality that is introduced from May 2018 onwards will include consideration of the following:

the GDPR principles of “privacy by design” and “privacy by default”,
giving flexibility to all customers while remaining within GDPR guidelines
keeping all changes as simple as possible

What is a Data Processing Agreement (DPA) and does forms2 provide this?

If forms2’s processing of personal data for your organisation falls within the material and/or territorial scope of GDPR (articles 2 & 3), the legislation (GDPR article 28) requires that this processing occurs under a Data Processing Agreement (DPA).

The forms2 DPA is provided online and incorporates with our Terms of Use so, by having acknowledged our Terms of Use and continuing to use forms2, you’re already accepting our DPA. You can reference our DPA if you need to show auditors that your use of forms2 meets your GDPR obligations in terms of the data that we process on your behalf.

If your organisation requires that you execute an explicitly signed data processing agreement with forms2, please email us at privacy@forms2mobile.com

What types of Personal Data does the forms2 Platform process?

For registered users on the platform, basic contact information is processed (i.e. direct identifiable personal data such as e-mail addresses or name) as well as minimal device information, connection information and geolocation. Other personal information may also be processed by the forms2 Platform through data captured and stored by forms2 customers. While it’s not up to us to control what data we receive, this can include items such as contact information, IP addresses, and other data. We process customer-submitted data as part of our contractual obligation to our customers, and in accordance with applicable laws, including the GDPR.

Does the forms2 Platform utilise sub-processors?

We use certain sub-processors to assist in providing the forms2 platform to customers. A sub-processor is a third-party data processor engaged by forms2, that has or potentially will have access to or process customer data (which may include personal data).

Our list of current sub-processors is available here.

How long does personal data remain on the forms2 Platform?

forms2 production (live) environments

Registered users

  • All personal data relating to a user is either deleted or anonymised within 7 days of the user deletion action. The 7 day period allows for fast recovery if the deletion was accidental.
  • For the avoidance of doubt, deactivation of a user account does not remove the account or its personal data; the account is simply archived.

All other data entities

  • This is determined and configured by forms2’s customers, based on their own agreements with data subjects in turn.
  • The forms2 Platform provides customers with functionality to delete data entities as needed.

 

forms2 backups

Backups are performed on a regular basis and are kept in encrypted, secure storage for up to 60 days.

This means that items deleted in production environments are available for restoration from backups for up to 60 days thereafter.

forms2 test/development environments

Data is occasionally extracted from production to development/testing environments for support, testing and debugging purposes.

When this occurs, personal data is anonymised in order to assure privacy.

Who has access to personal data stored on the forms2 Platform?

Personal data stored on the forms2 Platform may be visible to:

forms2 customers
Depending on their assigned access permissions, users can view and access personal data collected and/or stored within their forms2 customer account.

forms2 employees & contractors
All employees & contractors are trained and contractually committed to following forms2’s privacy, security and data protection practices.

Sub-processors
We work with carefully selected services to provide aspects of the forms2 platform and may process data with these services as necessary to provide forms2 platform services.

Other third parties if required by applicable law or where forms2 has a good-faith belief that such disclosure is reasonably necessary to:
(a) protect the safety of any person from death or serious bodily injury, or
(b) prevent fraud or abuse

Access only occurs to the extent and limited to, such personal data as necessary for that specific purpose of the respective party.

Where is personal data stored? Does it leave the European Economic Area?

The forms2 Platform is hosted in Europe. All customers are hosted exclusively within our West Europe (Amsterdam & Dublin) datacenters.

As such, all data captured and/or stored on the forms2 Platform for all customers will remain within the EEA by default.

forms2 only exports personal data outside of the European Economic Area (“EEA”) if and when required by:

  • a respective sub-processor for the correct functioning of the service they offer (e.g. push notifications),
  • other recipients, only to the extent required to support the correct and/or compliant functioning of the forms2 Platform

Where data export occurs, forms2 ensures that such export occurs under the adequacy decisions as allowed by GDPR (EU-US Privacy Shield, binding corporate rules, applicable EU standard contractual clauses, such other methods as allowed per the GDPR), and keeps the exported data to a minimum as necessary.

forms2 also provides software features to forms2 customers which allows them to anonymise personal data upon export out of the forms2 Platform.

How does the data subject exercise their access rights?

You have the right to access information held about you. Please write to us at the address below and we will compile the information.

forms2
Oaktree Court Business Centre
Mill Lane
Ness
Cheshire
CH64 8TP

Is data processed by forms2 used for direct marketing or automated decision making?

Registered administrator users may be contacted by forms2 with news or offers about the forms2 Platform.

This communication can be unsubscribed at any time by the user.

forms2 does not use personal data processed through the forms2 Platform for direct marketing purposes, nor does the forms2 Platform employ automated decision-making processes/techniques which create or deny rights to individual persons.

We only process personal data under instruction and under control of the forms2 customer for the purpose of the forms2 Platform solution.