Privacy Policy

This privacy policy explains how Evaluatly handles your personal information and data. We value your trust, so we’ve strived to present this policy in a clear and plain language. The policy is structured so you can quickly find answers to the questions that interest you the most.

This privacy policy applies to all the products, services and websites offered by Evaluatly and their affiliates, except where otherwise noted. Products, services and websites are collectively referred to as the “services” in this policy. Some services have supplementary privacy statements that explain, in more detail, our specific privacy practices in relation to these services. Unless otherwise noted, all services are provided by Evaluatly.

IF YOU CREATE FORMS:

Your form data is owned by you. Additionally, Evaluatly treats your forms as if they were private, unless you made your forms publicly available via a public link. Evaluatly does not sell or make available your forms to anyone and does not use the form responses you collect for purposes unrelated to you or our services, except in a limited set of circumstances (e.g. Evaluatly is compelled by a subpoena, or if you’ve given us permission to do so).

Evaluatly safeguards respondents’ email addresses. To make it easier for you to invite people to complete your forms via email, you may upload lists of email addresses, in which case Evaluatly acts as a mere custodian of that data. Evaluatly doesn’t sell or make available these email addresses and we use them only as directed by you and in accordance with this policy. The same is true for any email addresses collected through your forms.

Evaluatly holds your data securely.

Evaluatly will process your form data on your behalf and under your instructions, including those agreed to in this privacy policy.

IF YOU ANSWER FORMS:

Forms are administered by form creators. Evaluatly hosts the forms on our websites and collect the responses that you submit to the form creator. If you have any questions about a form you are taking, please contact the form creator directly as Evaluatly is not responsible for the content of that form or your responses to it. The form creator is generally the same person that invited you to complete the form and sometimes this individual, company or organization has its own privacy policy.

Are your responses anonymous? This depends on how the form creator has configured the form. Contact this individual, company or organization to learn more.

Evaluatly does not sell or make available your responses to third parties. Evaluatly doesn’t sell or share your form responses with third party advertisers or marketers (although the form creator might, so we advise that you contact this individual, company or organization to learn more). Evaluatly merely acts as a custodian on behalf of the form creator who controls your data, except as further described in this privacy policy with regard to public forms.

If you think a form violates our Terms of Use or may be engaging in illegal activity, contact us.

Evaluatly is used by form creators, people who create and conduct forms online, and form respondents, people who answer those forms. The information we receive from form creators and form respondents and how we handle it is separate, so this privacy policy is segmented into two parts:

  1. Privacy for Form Creators
  2. Privacy for Form Respondents

PRIVACY FOR FORM CREATORS

1. What information does Evaluatly collect?

When you use Evaluatly, we collect information relating to you and your use of our services from a variety of sources. These are listed below. The sections following describe how Evaluatly uses this information.

Information we collect directly from you.

We don’t share or use your respondents’ email addresses. Evaluatly will not contact your form respondents or individuals in your Address Book except at your direction. Evaluatly will not sell or make available these email addresses to any third parties.

Information Evaluatly collects about you indirectly or passively when you interact with us.

2. How does Evaluatly use the information we collect?

Evaluatly treats your form questions and responses as information that is private to you, unless you have made your form questions and responses available via a public link. Evaluatly knows that, in many cases, you want to keep your form questions and responses (which we collectively refer to as “form data”) private. Unless you decide to share your form questions and/or responses with the public, such as by making the form questions and responses available via a public link, Evaluatly does not use your form data other than as described in this privacy policy, or unless we have your consent. We do not sell or make available your form data to third parties without your permission.

Generally, Evaluatly uses the information collected in connection with providing our services to you and, on your behalf, to your form respondents. For example, specific ways Evaluatly uses this information are listed below. See the next section of this privacy policy to understand how your information is shared. However, this privacy policy is not intended to restrict our use of form questions or responses that you have chosen to make available online through a public link.

To provide you with our services. This includes providing you with customer support, which requires Evaluatly to access your information to assist you, such as with form design and creation or technical troubleshooting.

Certain features of our services use the content of your form questions and responses and your account information in additional ways. Feature descriptions will clearly identify where this is the case. You can avoid the use of your form data in this way by simply choosing not to use such features. For example, by using our form templates feature, to add questions to your forms, you also permit us to aggregate the responses you receive to those questions with responses received by other form templates users who have used the same questions. We may then report statistics about the aggregated (and de-identified) data sent to you and other form creators.

If you choose to link your Evaluatly account with a third party account, such as your Google or Facebook account, Evaluatly may use the information you allow us to collect from those third parties to provide you with additional features, services, and personalized content.

In order to provide you with useful options to use the services together with social media and other applications, Evaluatly may give you the option to export information to, and collect information from, third party applications and websites, including platforms such as Google and Twitter and social networking sites such as Facebook. When exporting and collecting such information, you may be disclosing your information to the individuals or organizations responsible for operating and maintaining such third party applications and sites, and your information may be accessible by others visiting or using those applications or sites. We do not own or operate the applications or websites that you connect with, and you should review the privacy policies and statements of such websites to ensure you are comfortable with the ways in which they use the information you share with them.

To manage our services. Evaluatly internally uses your information, including certain form data, for the following limited purposes:

3. With whom do we share or disclose your information?

Evaluatly does not sell or make available your form data without your express permission.

When might Evaluatly disclose your form data to third parties?

Only for a limited number of reasons. Evaluatly does not hold your information with our service providers who help us to provide our services to you. Evaluatly has contracts with these service providers to keep your information confidential and to use it only for the purpose of providing their services. For example, Evaluatly uses payment processors who help us to process credit card transactions. By using our services, you authorize Evaluatly to sub-contract in this manner on your behalf. In rare circumstances, we may share information if required by law, or in a corporate restructuring or acquisition context (see below for more details).

Sharing your forms with the public.

You are able to control who can take your form by changing your collector settings. For example, forms can be made completely public, and indexable by search engines. You can also choose to share your form responses instantly or at a public location.

Evaluatly recognizes that you have entrusted us with safeguarding the privacy of your information. Because that trust is very important to us, the only time Evaluatly will disclose or share your personal information or form data with a third party is when Evaluatly has done one of three things, in accordance with applicable law: (a) given you notice, such as in this privacy policy; (b) obtained your express consent, such as through an opt-in checkbox; or (c) de-identified or aggregated the information so that individuals or other entities cannot reasonably be identified by it. Where required by law, Evaluatly will obtain your express consent prior to disclosing or sharing any personal information.

We may disclose:

4. What are your rights to your information?

For how long does Evaluatly retain your data? We generally retain your data for as long as you have an account with Evaluatly, or to comply with our legal obligations, resolve disputes, or enforce our agreements. Data that is deleted from our servers may remain as residual copies on offsite backup media for up to approximately one month afterward.

Form data deleted from within the account. You can delete forms and data from within your account at any time. Form data that you delete from your account will be rendered inaccessible, but not permanently deleted, as permitted by law. Evaluatly retains your data to allow you to restore data that has been deleted accidentally.

Evaluatly will eventually permanently purge old, deleted data to reclaim storage space, so it cannot be guaranteed that Evaluatly will be able to restore deleted data. The more recent the deletion, the more likely it will be able to be restored. Once deleted from your account, the data will be fully purged from our system within 30 days.

Evaluatly generally does not use deleted form data for any purpose other than to give you the opportunity to restore it. Sometimes Evaluatly may retain deleted data to comply with legal obligations, resolve disputes, or enforce our agreements. In these cases, Evaluatly ensures that access to such data is blocked except for the purposes for which Evaluatly has been required to retain the information.

Account deleted from within the account. You can request to delete your account and form data associated with it at any time. After you initiate the deletion of your account, the account is disabled immediately, but the account and form data will be held in our database for 30 days until our next regularly scheduled deletion cycle, at which point it will be permanently deleted. You can contact Evaluatly within that time frame to request the account be restored. After the account is permanently deleted, Evaluatly won’t be able to restore it or the form data it contained.

User account in a team deleted by an Administrator. The Primary Admin or Admin of a team can delete a user account from a team at any time. This disables the user account immediately, but its form data will be held in a Evaluatly database for 30 days before being deleted. The Primary Admin can contact Evaluatly within this 30-day time frame to request the account be restored.

5. Security, cookies and other important information

Changes to this privacy policy. Evaluatly may modify this privacy policy at any time. Evaluatly will notify you by publishing the changes on this website. If Evaluatly determines the changes are material, you will be provided with additional, prominent notice as is appropriate under the circumstances, such as via email or in another conspicuous manner reasonably designed to notify you. If, after being informed of these changes, you do not cancel your subscription and continue to use Evaluatly services beyond the advance-notice period, you will be considered as having expressly consented to the changes in the privacy policy. If you disagree with the terms of this privacy policy or any updated privacy policy, you may close your account at any time.

Security. Details about Evaluatly’s security practices are available through our Security Statement. Evaluatly is committed to handling your personal information and data with integrity and care. However, regardless of the security protections and precautions undertaken, there is always a risk that your personal data may be viewed and used by unauthorized third parties as a result of collecting and transmitting your data through the Internet. If you have any questions about the security of your personal information, contact customer support.

Data locations. Evaluatly servers are based in the United States, so your personal information will be hosted and processed by Evaluatly in the United States. Your personal information may also be processed in, or transferred or disclosed to, countries in which Evaluatly offices are located and in which our service providers are located or have servers.

Cookie Notification. Evaluatly and our partners use cookies and similar technologies on our websites. Cookies are small bits of data we store on the device you use to access our services so Evaluatly can recognize repeat users. Each cookie expires after a certain period of time, depending on what we use it for. Evaluatly uses cookies and similar technologies for several reasons:

Evaluatly doesn’t believe cookies are sinister, but you can still choose to remove or disable cookies via your browser. Refer to your web browser’s configuration documentation to learn how to do this. Please note that doing this may adversely impact your ability to use our services. Enabling cookies ensures a smoother experience when using our websites. By using our websites and agreeing to this privacy policy, you expressly consent to the use of cookies as described in this policy.

Blogs and Forums. Evaluatly websites may offer publicly accessible blogs and community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Evaluatly is not responsible for any personal information you choose to submit in these areas of our site. To request removal of your personal information from our blog or community forum, contact Customer Support. In some cases, Evaluatly may not be able to fulfill your request and an explanation will be provided. Commenting systems on our blogs are managed by a third party application that may require you to register to post a comment. Please review that application’s privacy policy to learn how the third party uses your information.

Online Tracking. Evaluatly currently do not process or comply with any web browser’s “do not track” signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit our websites or use our services, unless otherwise stated in a service-specific privacy statement.

Social Media Features. Evaluatly websites may include social media features or widgets, such as the Facebook Like button. Use of these features may allow them to collect your IP address, detect which page you are visiting on our site, and set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy policy of the third party providing it.

Safety of Minors and COPPA. Evaluatly services are not intended for and may not be used by minors. “Minors” are individuals under the age of majority in their place of residence (under 13 years old, in general). Evaluatly 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, Evaluatly may delete this information without notice. If you have reason to believe that this has occurred, please contact Customer Support. For 13-16 years old minors, Evaluatly does not sell or share their personal information. Evaluatly states that prior consent will be taken if further needs come up.

English version controls. Non-English translations of this privacy policy are provided for convenience. In the event of any ambiguity or conflict between translations, the English version is authoritative.

6. Additional information for European Union users

Personal data. For users located in the EU, references to “personal information” in this policy are equivalent to what is commonly referred to as “personal data” in the EU.

Consents. By clicking “I Agree” or any other button indicating your acceptance of this privacy policy, you expressly consent to the following:

7. Additional information for California residents

With regard to the California Consumer Privacy Act of 2018, Evaluatly does not sell or share or make available your form data without your express permission. Although we do not sell or share your personal information, if you would like to fill out a form to opt-out of us ever doing so, please submit a written request to our Customer Support or fill our opt-out form.

California residents are entitled to ask us for a notice about what personal information is being collected about them and how it is used, whether their personal information is sold or disclosed and to whom, identifying the categories of Personal Information in the preceding 12 months. If you are a California resident and would like a copy of this notice, please submit a written request to our Customer Support or visit Account page.

About IP addresses. Evaluatly servers record the incoming IP addresses of visitors to our websites, whether or not the visitor has a Evaluatly account and store the IP addresses in log files. Evaluatly uses these log files for purposes such as system administration and maintenance, record keeping, tracking referring web sites, inferring your location, and security purposes (e.g. controlling abuse, spam and DDOS attacks). Evaluatly also stores IP addresses along with certain actions you take on our system. IP addresses are only linked to form responses if a form creator has configured a form to collect IP addresses. By agreeing to this privacy policy, you expressly consent to Evaluatly using your IP address for the foregoing purposes. If you wish to opt out from the foregoing consent to use your IP address, you must cancel your account (if you have one) or not respond to a form if requested to do so.

Evaluatly shall not discriminate against you because you exercised any of your consumer’s rights, including, but not limited to, by:

Your responsibilities. By using Evaluatly services, you agree to comply with adequate data protection requirements when collecting and using your form data, such as requirements to inform respondents about the specific uses and disclosures of their data.

PRIVACY FOR FORM RESPONDENTS

1. What information does Evaluatly collect?

When you respond to forms hosted by Evaluatly, we collect, on behalf and upon instructions, including the ones provided in this privacy policy, of form creators, information relating to you and your use of our services from a variety of sources. These are listed below. The sections afterward describe what Evaluatly does with this information.

Information Evaluatly collects directly from you.

Form responses. Evaluatly collects and stores the form responses that you submit. The form creator is responsible for this data and manages it. A form may ask you to provide personal information or data. If you have any questions about a form you are taking, please contact the form creator directly as Evaluatly is not responsible for the content of that form. The form creator is usually the same person that invited you to take the form and sometimes they have their own privacy policy.

Are your form responses anonymous?

You will need to ask the form creator as it depends how the individual, company or organization has chosen to configure the form(s). Evaluatly provides instructions describing how a form creator can ensure collected responses are done so anonymously. However, even if a form creator has followed those steps, specific questions in the form may still ask you for your personal information or data that could be used to identify you.

Information Evaluatly collects about you from other sources.

Providing form responses is voluntary. Remember, you can always choose not to provide an answer to any given form question (especially those requesting your personal information or data). However, sometimes this will prevent you from completing a form if the form creator has marked that question as requiring an answer.

2. How does Evaluatly use the information collected?

Your form responses are owned and managed by the form creator, and Evaluatly treats that information as private to the form creator, except if the form creator has made the questions and responses available via a public link. Please contact the form creator directly to understand how the individual, company or organization uses your form responses. Some form creators may provide you with a privacy policy or notice at the time you complete its form and we encourage you to review that to understand how the form creator will handle your responses. Evaluatly does not sell or make available form responses to third parties without the form creator’s permission and Evaluatly does not use any contact details collected in our customers’ forms to contact form respondents.

Evaluatly also uses the information collected from you, including usage data, device data, referral data and information from page tags to manage and improve our services, for research purposes, and for the various purposes described in this privacy policy.

3. With whom does Evaluatly share or disclose your information?

Evaluatly does not sell or make available your form responses without express permission. Evaluatly will share your form responses with third parties only as described in this privacy policy.

Evaluatly discloses:

Your form responses to form creators. Evaluatly hosts forms created by form creators. However, form creators are actually the primary curator of form data. Anything you expressly disclose in your form responses will, naturally, be provided to them. Please contact the form creator directly to understand how they might share your form responses. Please see this privacy policy to understand what Evaluatly tells form creators about how Evaluatly handles form responses, and to whom Evaluatly may disclose form responses.

4. What are your rights to your information?

5. Security, cookies and other important information

Changes to this privacy policy. Evaluatly may modify this privacy policy at any time and you will be notified by publishing the changes on this website. If Evaluatly determines the changes are material, you will be provided with additional, prominent notice as is appropriate under the circumstances, such as via email or in another conspicuous manner reasonably designed to notify you. If, after being informed of the changes, you continue to use our services beyond the advance-notice period, you will be considered as having expressly consented to the changes in our privacy policy. If you disagree with the terms of this privacy policy or any updated privacy policy, you may close your account, if you have one, at any time or not respond to a form.

Security. Details about Evaluatly’s security practices are available through our Security Statement. Evaluatly is committed to handling your personal information and data with integrity and care. However, regardless of the security protections and precautions Evaluatly undertakes, there is always a risk that your personal data may be viewed and used by unauthorized third parties as a result of collecting and transmitting your data through the Internet. If you have any questions about the security of your personal information, contact customer support.

Data locations. Evaluatly servers are based in the United States, so your personal information will be hosted and processed by us in the United States. Your personal information may also be processed in, or transferred or disclosed to, countries in which Evaluatly offices are located and in which our service providers are located or have services.

Cookie Notification. Evaluatly and our partners use cookies and similar technologies on our websites. Cookies are small bits of data we store on the device you use to access our services so we can recognize repeat users. Each cookie expires after a certain period of time, depending on what we use it for. Evaluatly uses cookies and similar technologies for several reasons:

Evaluatly does not believe cookies are sinister, but you can still choose to remove or disable cookies via your browser. Refer to your web browser’s configuration documentation to learn how to do this. Please note that doing this may adversely impact your ability to use our services. Enabling cookies ensures a smoother experience when using Evaluatly websites. By using Evaluatly websites and agreeing to this privacy policy, you expressly consent to the use of cookies as described in this policy.

Blogs and Forums. Evaluatly websites may offer publicly accessible blogs and community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. We’re not responsible for any personal information you choose to submit in these areas of our site. Be aware that any personal information you provide may be used for illegal activity. To request removal of your personal information from our blog or community forum, contact Customer Support. In some cases, we may not be able to fulfill your request and we will let you know why. Commenting systems on our blogs are managed by a third party application that may require you to register to post a comment. Please review that application’s privacy policy to learn how the third party uses your information.

Online Tracking. Evaluatly currently does not process or comply with any web browser’s “do not track” signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit our websites or use our services (unless otherwise stated in a service-specific privacy statement).

Social Media Features. Evaluatly websites may include social media features or widgets, such as the Facebook Like button. Use of these features may allow them to collect your IP address, detect which page you are visiting on our site, and set a cookie to enable the feature to function properly. Your interactions with these features are governed by the privacy policy of the third party providing it.

Safety of Minors and COPPA. Evaluatly services are not intended for and may not be used by minors. “Minors” are individuals under the age of majority in their place of residence (under 13 in general). Evaluatly 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, Evaluatly may delete this information without notice. If you have reason to believe that this has occurred, please contact Customer Support. For 13-16 years old minors, Evaluatly does not sell or share their personal information. Evaluatly states that prior consent will be taken if further needs come up.

English version controls. Non-English translations of this privacy policy are provided for convenience. In the event of any ambiguity or conflict between translations, the English version is authoritative.

6. Additional information for European Union users

Personal data. For users located in the EU, references to “personal information” in this policy are equivalent to what is commonly referred to as “personal data” in the EU.

Consents. By clicking “I Agree” or any other button indicating your acceptance of this privacy policy, you expressly consent to the following:

7. Additional information for California residents

With regard to the California Consumer Privacy Act of 2018, Evaluatly does not sell or share or make available form responses to third parties without the form creator’s permission and Evaluatly does not use any contact details collected in our customers’ forms to contact form respondents. Although we do not sell or share your personal information, if you would like to fill out a form to opt-out of us ever doing so, please submit a written request to our Customer Support or fill our opt-out form.

Accessing and correcting your personal data. If you have a Evaluatly account, you have the right to access and correct the personal information that Evaluatly holds about you. This right may be exercised by visiting your Account page or by contacting Customer Support. If you don’t have Evaluatly account but you think that you have provided personal information by using one of the forms, please contact the form’s creator. Form submission data is private and owned by form creator.

About IP addresses. Evaluatly servers record the incoming IP addresses of visitors to Evaluatly websites, whether or not the visitor has a Evaluatly account, and store the IP addresses in log files. Evaluatly uses these log files for purposes such as system administration and maintenance, record keeping, tracking referring web sites, inferring your location, and security purposes (e.g. controlling abuse, spam and DDOS attacks). Evaluatly also stores IP addresses along with certain actions you take on our system. IP addresses are only linked to form responses if a form creator has configured a form to collect IP addresses. By agreeing to this privacy policy, you expressly consent to Evaluatly using your IP address for the foregoing purposes. If you wish to opt out from the foregoing consent to use your IP address, you must cancel your account (if you have one) or not respond to a form if requested to do so.

Questions

If you have any questions about this privacy policy, please feel free to contact us.