Privacy Policy
Forgeahead Solutions, Inc. (“Forgeahead”) is committed to protecting and respecting your privacy.
This policy and any other documents referred to set out the basis on which any information TrackForms collects from you, or that you provide to us, will be processed by us, and sets out our commitment to protecting the privacy of your information provided to us, or otherwise collected by us, offline or online, including through this website (“Site”), any mobile applications operated by us (“Apps”) and our platform more generally (“Service”) collectively hereinafter known as (“TrackForms”).
We encourage you to familiarize yourself with our privacy practices set forth herein, to understand how we collect and use your personal data. Any reference to “we”, “us”, “our” and similar terms herein refers to Forgeahead Solutions, Inc.
Whenever you give us your information, you are consenting to its processing, collection and use in accordance with this Privacy Policy. You may withdraw your consent at any time by emailing privacy@trackforms.org with your full name.
THE BINDING NATURE OF THIS PRIVACY POLICY AND ITS SCOPE
By accessing or otherwise using the Service, you agree to be bound contractually by this Privacy Policy. This Privacy Policy applies to information collected, used and maintained by us in conjunction with the use of our Services, Apps and / or Site, and explains our information gathering and dissemination practices.
This Privacy Policy has been compiled to better serve those who are concerned with how their information is being used online.
THE RIGHT TO MODIFY
We reserve the right to revise or modify this Privacy Policy at any time by posting amended terms on this page, including an indication of the last date of revision. Please revisit this page periodically to stay aware of any modifications to this Privacy Policy. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. In all cases, your continued use of the Service after our posting of a revised Privacy Policy on this page, indicates that you have read, understood and agreed to the revised Privacy Policy.
INFORMATION TRACKFORMS MAY COLLECT FROM YOU
TrackForms may collect and process two types of information from our users:
The first type of information is non-identifiable and anonymous information (“Non-Personal Information”). We are not aware of the identity of the user from which we have collected the Non-Personal Information. Non-Personal Information is any unconcealed information which is available to us while Users are using TrackForms. Non-Personal Information which is being gathered consists of technical information and behavioural information, and may contain, among other things, type of operating system (e.g. Windows, Linux, etc.), computer configurations, screen resolution (e.g. 800×600, 1024×768, etc.), type of web browser used, keyboard language (e.g. English), location data, the activity of the user on the Site, Apps and / or Service (including dates and times and duration of use, and the nature of the resources and features accessed), details of the user’s internet service provider or mobile carrier, and the user’s “click-stream” on TrackForms. In addition, Non-Personal Information may include information you provide to us through inquiries and / or feedback, as well as when you report a problem with TrackForms, including the textual information you submit to help us reproduce the issue, and screenshots. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
The second type of information is Personally Identifiable Information (“PII”). PII is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Each user of TrackForms automatically provides the user’s IP address and unique device identifiers mainly for enhancing the user’s experience and for geolocation and security purposes. In addition, PII provided by you consists of any personal details provided consciously and voluntarily by you when the user wishes to use the services of TrackForms, contact us or subscribe for a demo via forms on the Site or Apps, or send us customer service related requests; specifically: first and last name, e-mail address(es), date of birth, gender, medical information including insurance information, phone number, credit card or other billing information, and copies or records of your correspondence with us. For avoidance of doubt, any Non-Personal Information connected or linked to any PII shall be deemed as PII as long as such connection or linkage exists. We do not collect any PII from you or related to you without your approval, which is obtained, inter alia, through your active acceptance of the Terms of Use and this Privacy Policy.
COOKIES
Cookies are small text files that websites save to your computer. These files are used to improve services for you through, for example: (i) remembering settings, so you don’t have to keep re-entering them whenever you visit a new page; (ii) remembering information you’ve given (e.g. your postcode) so you don’t need to keep entering it. Cookies in and of themselves do not personally identify users, although they do identify a device.
Session cookies allow us to track your actions during a single browser session, for example to remember the items returned from a search. They do not remain on your device beyond your session.
Persistent cookies remain on your device between sessions and allow us to authenticate you and to remember your preferences.
Session and persistent cookies can be either first or third-party cookies — a first-party cookie is set by the website being visited. A third-party cookie is issued by a different website to that being visited.
When you use the Service, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies.
We may also use a third-party cookie provided by Google Analytics or similar tools / applications to gather anonymized information for the benefit of all web users. TrackForms does not use behavioural targeting cookies. All our cookies fall within the ICC classifications Strictly Necessary, Functionality and Performance and none within the classification Behavioural Targeting.
TrackForms uses cookies to understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about traffic and interactions with our Service so that we can offer better experiences to our users in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your device warn you each time a cookie is being sent, or you can choose to disable cookies, through the settings on your browser. Please review your browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.
To learn more about cookies and how to manage them, visit AboutCookies.org.
HOW DO WE HANDLE DO NOT TRACK SIGNALS?
We honour Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
INFORMATION TRACKFORMS MAY RECEIVE FROM INTEGRATED SERVICES
You may be given the option to authorize certain third parties, such as Facebook or Google (each, an “Integrated Service”) to provide personal information or other information to us. By authorizing us to connect with an Integrated Service, you authorize us to access your name, email address(es), date of birth, gender, current city, profile picture URL, and other information that the Integrated Service makes available to us, and to use and disclose it in accordance with this privacy policy. You should check your privacy settings on each Integrated Service to understand and change the information sent to us through each Integrated Service. Please review each Integrated Service’s terms of use and privacy policies carefully before using their services and connecting to our Service.
INFORMATION TRACKFORMS MAY RECEIVE FROM OTHER SOURCES
We may obtain information, including personal information, from third parties and sources other than the Service, such as other users of our Service. For example, a user may provide your email address in order to invite you to the Services. If we combine or associate information from other sources with personal information that we collect through the Service, we will treat the combined information as personal information in accordance with this privacy policy.
HOW TRACKFORMS USES YOUR INFORMATION
We may use the information we collect from you in the following ways:
- To provide the Service through this App.
- To carry out our obligations arising from any contracts entered into between you and us.
- To personalize your experience.
- To allow us to better service you in responding to your customer service requests.
- To process orders and generate billing information.
- To ask for ratings and reviews, and other forms of feedback.
- To follow up with you on live chat, email or phone (only with your explicit consent).
- To verify your credentials for security purposes.
- To carry out end user compliance checks for export control purposes.
- To issue virus information alerts and other alert messages.
- To provide training sessions for which you have registered.
- To provide maintenance and technical support.
- To inform you of any changes to the Service, as well as about upgrades, updates and renewals.
- To generate logs, statistics and reports on service usage, service performance and malware infection.
- To develop and enhance the Service, to repair errors or bugs, and to develop new versions of the Service.
WHERE TRACKFORMS STORES YOUR INFORMATION
TrackForms does not store your Personally Identifiable Information. The Personally Identifiable Information provided by the user is immediately deleted at our end as soon as the Service is completed. Non-Personal Information is stored on the cloud servers owned and maintained by a third party service provider such as Amazon Web Services, Microsoft Azure etc. from whom we have a valid subscription.
HOW TRACKFORMS PROTECTS YOUR INFORMATION
TrackForms endeavours to hold all information securely in accordance with our internal security procedures and applicable laws. Once we have received your information, we maintain appropriate administrative, physical, technical and organizational measures to protect your information accessed or processed by TrackForms against unauthorized or unlawful processing or accidental loss, destruction, damage or disclosure. Since we do not store PII, all other non-personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. We update and test our security on an ongoing basis.
Our employees or outside contractors are required by us to maintain and uphold your privacy and security and are aware of our privacy and security policies and/or abide by their own privacy and security policies in order to safeguard your information. In addition, all sensitive information you provide is encrypted via Secure Socket Layer (SSL) technology.
Unfortunately, data transmissions made by means of the Internet cannot be made absolutely secure. Please keep in mind that if you transmit PII online, such transmissions may be intercepted by unauthorized third parties.
TRANSFERRING your information
Your Non-Personal information may be used, processed or stored anywhere in the world. We do not store or transfer personal information.
DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES
We do not sell, trade, or otherwise transfer to outside parties your information unless we provide you with advance notice or as mentioned in the Terms of Use of this Service. This does not include website hosting partners and other parties who assist us in operating our Site, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release Non-Personal information when its release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property or safety. However, Non-Personal Information may be provided to other parties for marketing, advertising, or other uses.
Where permitted by law, we may share Non-Personal Information from or about you with subsidiaries, joint ventures, or other companies under common control, in which case we will require them to adhere to this privacy policy.
If we are acquired by or merged with another entity, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected about you to the other company. Our successors and assigns may collect and use your information for substantially similar purposes as described in this privacy policy.
THIRD-PARTY LINKS
Our Site may contain hyperlinks to websites of third parties (“Third-Party Websites”) that can cause you to leave the Site. We provide these hyperlinks for convenience. The Third-Party Websites are not under our control, and we do not accept any responsibility or liability with respect to the privacy and confidentiality practices of such Third-Party Websites. Any PII that is submitted by you to such Third Party Websites is subject to the privacy policies of the such Third-Party Websites, and it is your responsibility to consult these policies in order to ensure that your PII is being protected.
SOCIAL MEDIA
We may use social media (for example, Facebook and Twitter) in addition to the operation of the Site, Apps and / or Service. Social media accounts are public and are not hosted by us. Users who decide to interact with us through social media must, therefore, read the terms of service and privacy policies of these third-party suppliers of services and the applications used to have access to them.
The PII that is provided to us by way of social media accounts is collected in order to record exchanges (for example, questions and answers, comments, “likes”, shared tweets) between the users and us. It may be used to answer requests, make statistical evaluations and prepare reports and for all other purposes indicated in this privacy policy.
FAIR INFORMATION PRACTICES
In correspondence with the United States Federal Trade Commission’s Fair Information Practices we will take the following responsive action, should a data breach occur, we will notify the users via in-site notification within 7 business days. We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
DATA PRIVACY OFFICER
Forgeahead is headquartered in Mountain View, CA USA. TrackForms has appointed an internal data protection officer for you to contact if you have any questions or concerns about TrackForms’ Privacy Policy. The contact information for the TrackForms data protection officer is as follows:
Forgeahead Solutions, Inc. (TrackForms)
800 West El Camino Real, Ste 180,
Mountain View, CA 94040, USA
GOVERNING LAW
This Privacy Policy shall be governed by the laws of the state of California, USA.
APPENDIX 1: CAN-SPAM ACT
To be in accordance with CAN-SPAM, we agree to the following:
- Not to use false or misleading subjects or email addresses.
- To identify the message as an advertisement in some reasonable way.
- To include the physical address of our business or site headquarters.
- To monitor third-party email marketing services for compliance, if one is used.
- To honour opt-out/unsubscribe requests quickly.
- To allow users to unsubscribe by using the link at the bottom of each email.
If you receive an email which claims to come from us but does not use our domain, or if you are suspicious that an email may not be approved by us, then please send a copy of the email to info@trackforms.org so we can investigate.
APPENDIX 2: GDPR
TrackForms collects, uses and keeps information in compliance with the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”), the Privacy and Electronic Communications (EC Directive) Regulations 2003, and all relevant regulations. For the purpose of GDPR, the data controller is TrackForms.
Additional rights for individuals located in the EU
Under the GDPR individuals located in the EU have extra rights which apply to their personal information. Personal information under the GDPR is often referred to as personal data and is defined as information relating to an identified or identifiable natural person (individual). This Appendix sets out the additional rights we give to individuals located in the EU including how we process personal information lawfully, transparently and fairly. Please read the Privacy Policy above and this Appendix carefully and contact us at the details at the end of the Privacy Policy if you have any questions.
What personal information is relevant?
This Appendix applies to the personal information set out in the Privacy Policy above, including the information which is known as ‘special categories of data’ under the GDPR.
How we process personal information
We will process your personal to allow you to access and use our Services, to contact you if you leave your contact details with us or if you otherwise initiate contact with us.
We will rely on performing a contract to process your personal information where we are preparing to enter into a contract with you or we are carrying out our obligations under a contract with you.
We will rely on a legal obligation to process your personal information where we are subject to a legal obligation.
If we need to rely on consent, we will ask for consent to process any of your personal information for that specific purpose before we process your personal information for that reason.
Upon written request, we may provide you with a list of the third parties we use to process your personal information.
If you are under 16 years of age, you must have, and warrant to the extent permitted by law to us that you have, your parent or legal guardian’s permission to access and use the Site, Apps and / or Service and they (your parents or guardian) have consented to you providing us with your personal information.
Data Retention
We do not store your personal information. We only retain your non-personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements or providing a better user experience while using TrackForms.
To determine the appropriate retention period for non-personal information, we consider the amount, nature, and sensitivity of the non-personal information, the potential risk of harm from unauthorized use or disclosure of your non-personal information, the purposes for which we process your non-personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances you can ask us to delete your data: see ‘access, erasure and data portability’ below for further information.
In some circumstances we may anonymize your non-personal information (so that it can no longer be associated with you) for analytics, research or statistical purposes in which case we may use this anonymized information indefinitely without further notice to you.
Data Transfers
The countries to which we send data for the purposes listed above may not have the same data protection laws as the country in which you initially provided the information. If we transfer your non-personal information to third parties in other countries: (i) we will perform those transfers in accordance with the requirements of applicable law; and (ii) we will protect the transferred non personal information in accordance with the Privacy Policy, as supplemented by this Appendix.
Extra rights
Objecting to processing: You have the right to object to processing of your non-personal information that is based on our legitimate interests or public interest. If this is done, we must provide compelling legitimate grounds for the processing which overrides your interests, rights and freedoms, in order to proceed with the processing of your non-personal information.
Restricting processing: You have the right to request that we restrict the processing of your non-personal information if (i) you are concerned about the accuracy of your non-personal information; (ii) you believe your non-personal information has been unlawfully processed; (iii) you need us to maintain the information solely for the purpose of a legal claim; or (iv) we are in the process of considering your objection in relation to processing on the basis of legitimate interests.
Access, erasure and data portability: You may have the right to request details of the non-personal information we hold about you, or to request that we erase the non-personal information we hold about you, or that we transfer this information to a third party.
Rectification: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, incomplete, misleading or out of date.
APPENDIX 3: CALIFORNIA: SPECIAL SECTION
If you are a California resident, you have the following rights:
1. Information. To request that we disclose the following information about our collection and use of your non-personal information during the past 12 months:
i. The categories of non-personal information that we have collected about you;
ii. The categories of sources from which non-personal information is collected;
iii. The business or commercial purpose for collecting or selling non-personal information;
iv. The categories of third parties with whom we share your non-personal information;
v. Whether we have disclosed your non-personal information for a business purpose, and if so, the categories of non-personal information received by each category of recipient; and
vi. Whether we have sold your non-personal information, and, if so, the categories of non-personal information received by each category of recipient.
2. Access. To request a copy of the non-personal information that we have collected about you during the past 12 months.
3. Deletion. To request that we delete non-personal information about you that we have collected from you.
4. Opt-out of sales. To direct us not to sell your non-personal information if we do, and if you are under 16 years of age, we are required to ask for affirmative authorization from you (or it you are under 13, your parent or guardian) to sell your non-personal information before we do so.
5. Non-Discrimination. To exercise your rights described above free from discrimination, such as denial of goods or services; price/rate increases for goods or services (including through grants of discounts/benefits or imposing penalties); decreases in service quality; or suggesting that such discriminatory acts may occur if you exercise your rights. However, a difference in price or service quality is not discriminatory if reasonably related to the value to our business of the personal information we are unable to use due to the exercise of your rights, and we may offer you certain financial incentives that can result in different prices, rates or service quality.
6. Financial incentive program disclosures. Receive a clear description of the material terms of any program involving financial incentives for the collection, sale or deletion of your personal information, and decide if you want to consent to be entered in it (you can revoke this consent at any time).
You may exercise the rights described above as follows:
1. Right to opt-out of sales
i. You may exercise your right to opt-out of sale of your non-personal information by emailing us at: privacy@trackforms.org.
2. Right to information, access and deletion
i. You may exercise the information, access and deletion rights described above by submitting a verifiable request to us by emailing us at: support@trackforms.org
ii. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your personal information. You may also make a verifiable customer request on behalf of your minor child under 13.
iii. The verifiable request must provide sufficient information that allows us to reasonably verify you are a California resident about whom we collected personal information or their authorized representative; and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
iv. These rights are not absolute, are subject to exceptions, and we may be required or permitted by law to decline your request.
APPENDIX 4: CHILDREN’S ONLINE PRIVACY PROTECTION ACT
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect Personally Identifiable Information online from children who are under the age of thirteen (13) year. We do not knowingly collect or solicit Personally Identifiable Information from children under the age of sixteen (16) years; if you are a child under of sixteen (16) years, please do not attempt to register for or otherwise use the Services or send us any Personally Identifiable Information. If we learn we have collected Personally Identifiable Information from a child under the age of sixteen (16) years, we will delete that information as quickly as possible. If you believe that a child under the age of sixteen (16) years may have provided us personal information, please contact us at privacy@trackforms.org