UPDATED: APR 8th, 2022

Terms of service

The services provided by 123FormBuilder can be used by any person if the terms of service are respected. We have the right to disable accounts that are suspected of using our service for illegal activities. You should read these terms and conditions (“Terms”) carefully before using this website and its services. Using 123FormBuilder.com or any other app that’s branded under our name (the “Website”) indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the services we provide.

Introduction

Our platform is available to customers in a variety of plans & packages that might vary from free packages to trials or other types of paid subscriptions. Our current offering is described on our Pricing page.

The website and its services comply with applicable privacy laws and we are making efforts to adjust for the specific requirements of other markets. For any specific questions related to regulatory aspects, please contact our team. We are not liable for losses or costs caused by abnormal and unforeseeable circumstances outside our reasonable control, which would have been unavoidable despite all efforts to the contrary, for example, delays or failures caused by industrial action, problems with another system or network, third party viruses or malware, mechanical breakdown or data-processing failures. These terms shall be governed by and construed in accordance with Romanian law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Romanian courts. You should also read the terms and conditions of each complementary platform that 123FormBuilder integrates with if you are using such integrations.

You may access the main page and information of the Website without registering your details with us. Still, the majority of the functionalities of the Website and proposed services are available only after your registration and you shall be deemed to have accepted these Terms in full by registering. If you do not accept these Terms, you must leave the Website immediately. We may update the Terms at any time and recommend checking for updates periodically or when notified of such updates by email. Where you have registered for additional services (possibly external) you may also be subject to additional Terms and Conditions imposed by the specificity of the services, which we suggest reading carefully to address your questions.

Confidentiality

We collect just the amount of personal information that is needed to create and maintain your account. Users can access and update personal information in the My Account section. We will neither disclose your personal information nor sell it to anyone. We never read the messages received through your forms. Your IP, personal information, and received data are confidential and will never be released, except by request from authorities. We always include an opt-out method to our direct marketing messages.

Form records are private and can be used exclusively by the account owner. 123FormBuilder never discloses the content of submissions under any circumstance, unless specifically requested by legal authorities. Submissions are stored securely on our AWS hosted servers and are protected against misuse, interference, and loss, as well as from unauthorized access, modification, and disclosure.

The forms you create on our site can be shown, unfilled, to the visitors of our site, to show them the results that can be achieved with the solution we provide. You are invited to recommend our services to anyone who might find them useful.

Any web form or survey created by the end-user using the translated versions of 123FormBuilder framework and products, along with any information gathered through those web forms and surveys, belong to the end-user and neither 123FormBuilder nor the Customer can hold ownership over them or be liable for them.

Security

All forms are hosted on AWS infrastructure, on servers located in the US and in the EU. Our platform is monitored 24/7 and we consider security our top priority. All forms are protected through 256-bit SSL encryption, irrespective of the service plan that the account owner is on (free or paid). Apart from SSL encryption, forms can be protected in various other ways: anti-spam features, IP filtering, HIPAA compliance, etc. Please read more about our security features here.

Should you as a client, or a mandated third party, need to perform a pentest on our platform, it is forbidden to do so without explicit permission from our part. Please reach out to your account manager or our customer care team and you will be guided further. We will need details on the focus of your pentest and the moment when it is expected to run.

Data Privacy / Privacy Policy

General

Your privacy is one of our fundamental commitments, and therefore, we take utmost care to process your personal data in accordance with the principles set forth in the applicable legislation, including without limitation the General Data Protection Regulation no. 679/2016 (“GDPR”). We recognize the importance of maintaining the confidentiality, integrity, and security of your personal information (“Personal Data“) and have written this privacy policy (“Policy”) to explain how your Personal Data is collected, stored, used, and disclosed by 123FORMBUILDER S.R.L., a company incorporated under the Romanian law, having its headquarters at 10 Tudor Vladimirescu Street, Flavia Palace Building, Timişoara, Timiş county, Tax Code 29147442, registered with the Trade Registry under no. J35/2122/2011 (“123FORMBUILDER“, “us“), as a data controller, with respect to (i) your access and use of our site that can be accessed at the URL address www.123formbuilder.com („Site”) and (ii) the access to, and use of the content of the Site including of the services provided by 123FORMBUILDER (collectively, “Services”).

Each time we are required by the applicable law or, otherwise, want to use this legal basis, we will request your free, informed, specific, and unequivocal consent for the processing of your Personal Data. By expressing your consent, you agree that we can collect, use, reveal, process and transfer your Personal Data in accordance with this Policy.

We reserve the right to amend the provisions of this Policy from time to time. If we make changes to this Policy, we will make the updated version available on the Site and we will update the “Last Updated” date. We will also inform you on the changes that have occurred, to ensure that you are aware of how we use your Personal Data. Any amendments to this Policy will apply on the date that they are made, with the exception of changes that require your prior consent, and which will apply as of the moment when you express such consent.

CATEGORIES OF PERSONAL DATA, PURPOSES OF PROCESSING, AND LEGAL GROUNDS

1.1. Browsing data

Computer systems and software procedures used for the Site’s operation acquire, during their normal operation, some information (so-called log files), the transmission of which is implicit in the use of internet communication protocols.

This information is not collected in order to be associated to identified persons, but due to its nature can, by means of processing and integration with data held by third parties, allow users to be identified. Such information includes the IP addresses, the time of the request, the method used to submit the request to the server, the size of the file obtained in reply, and other parameters concerning the user’s operating system and computer environment.

Insofar such information leads to the identification of a user, the provisions of this Policy shall become applicable.

Purpose of processing Legal ground
We use this data for the sole purpose of obtaining anonymous statistical information concerning the use of the Site and to check its correct operation. Our legitimate interest in the improvement of our services and in managing the server capacities, and in the bug-free preservation of our website and products (art. 6 para. 1, let. f GDPR);

1.2. Creating the user account

a. Registration and log in with email address

On our Site you can register and create an account. In this case, we will need your email address.

Purpose of processing Legal ground
The purpose of this processing is to create the account, to log into the Site and to provide our services through the Site, and to provide help in using the Site. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);
b. Registration and log in with Google, Facebook, and Microsoft accounts
Google

The Site also offers you the possibility to register using your Google access. Before registering, you are led to a Google page where you can log in using your Google username and password. As a consequence, the Site will be connected to your Google profile. The connection automatically causes the Site to receive from Google the information you agreed to: email, first name, last name, profile picture. This information will be processed by us in order to offer you the possibility of creating the account and to the extent necessary to identify you in the context of the features offered by the Site and to offer you the various features on our Site.

We are not responsible for the processing by Google of your Personal Data. For further information about Google privacy settings, please refer to Google’s privacy policy.

Facebook

The Site also offers you the possibility to register using your Facebook access. Before registering, you are led to a Facebook page where you can log in using your Facebook username and password. As a consequence, the Site will be connected to your Facebook profile. The connection automatically causes the Site to receive from Facebook the information you agreed to: Facebook ID, email, first name, last name. This information will be processed by us in order to offer you the possibility of creating the account and to the extent necessary to identify you in the context of the features offered by the Site and to offer you the various features on our Site.

We are not responsible for the processing by Facebook of your Personal Data. For further information about Facebook’s privacy settings, please refer to Facebook’s privacy policy.

Microsoft

The Site also offers you the possibility to register using your Microsoft access. Before registering, you are led to a Microsoft page where you can log in using your Microsoft username and password. As a consequence, the Site will be connected to your Microsoft account. The connection automatically causes the Site to receive from Microsoft the information you agreed to: email, first name, last name. This information will be processed by us in order to offer you the possibility of creating the account and to the extent necessary to identify you in the context of the features offered by the Site and to offer you the various features on our Site.

We are not responsible for the processing by Microsoft of your Personal Data. For further information about Microsoft’s privacy settings, please refer to Microsoft’s privacy policy.

Purpose of processing Legal ground
The purpose of this processing is to create the account, to log into the Site and to provide our services through the Site, and to provide help in using the Site. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);

1.3 Adding information to your profile

Once you have created your user account, you can fill in other details about you in order to complete your profile: first name, last name, telephone number, industry.

Purpose of processing Legal ground
The purpose of this processing is to complete the user’s profile in order to better provide our Services. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);

1.4. Informing the users added to the account

Once created the account, there is a possibility of adding new users in order to collaborate on projects. In this case, we will use their email address to invite them on the project. In such a case, they also need to create an user account.

Purpose of processing Legal ground
The purpose of this processing is to inform the newly added user of the collaboration invitation. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);

The source of this Personal Data (the email address of the invited person) is the user who invited the respective person.

1.5. Invoicing

When providing you the Services, we will issue invoices for the fees. In this case, we will process your first name, last name and address.

Purpose of processing Legal ground
The purpose of this processing is to issue the invoices for the payment of the services. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);

Processing is necessary for compliance with a legal obligation to which the controller is subject (art. 6 para. 1, let. c GDPR);

1.6. Payments and bank cards

When you make payments, we will process your bank card details (first and last name, card number, CCV, expiring date).

Purpose of processing Legal ground
The purpose of this processing is to send the bank card details to the payment processor in order to process the payment. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);

1.7. Contractual notifications

During the provision of our Services, we will use your email address to notify you of any changes in the terms of use and in connection with any other issues related to the performance of the contract between you and 123FORMBUILDER.

Purpose of processing Legal ground
The purpose of this processing is to carry out contractual and service notices. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);

1.8. Contact us using the forms

You can contact us by using our contact or support form published on our website, or other media managed by third parties (currently Weebly, Wix and SalesForce).

Depending on the form you use, we might collect the following Personal Data (as strictly and clearly indicated in that respective form): email, contact detail (email, phone number or skype ID), username (only for our users), and any other information regarding the issue or the request at hand.

Purpose of processing Legal ground
In this situation, we will use your Personal Data only to contact you in connection with the requested offer or in connection with the resolution of the problem you need support with. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);

1.9. Contact us using our chat

You can contact us by using our chat. In such a case, we might collect the following Personal Data: contact detail (email, first name, last name) and any other information regarding the issue or the request at hand.

Purpose of processing Legal ground
In this situation, we will use your Personal Data only to contact you in connection with the requested offer or in connection with the resolution of the problem you need support with. Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6 para. 1, let. b GDPR);

1.10. Marketing & in-product messages / Communications

You can opt in to receive marketing messages via email.

Purpose of processing Legal ground
We will send communications via in-product notices or by email to your registered email address or we will post updates on our website. Your consent. (art. 6 para. 1, let. a GDPR).

You can revoke your prior consent at all times and without any costs, with altering consequences for the future.

FAILURE TO PROVIDE PERSONAL DATA

You may refuse to provide certain Personal Data (indicated above) but, in such a case, you may not be able to benefit from certain services and features, including, but not limited to, the creation of an account or contacting you to solve your problem and to provide support.

AUTOMATIC PROCESSING OF PERSONAL DATA

Your Personal Data will not be processed for taking decisions based solely on automatic processing that would result in legal effects concerning you or could similarly significantly affect you.

DATA COLLECTED THROUGH FORMS

Form records are private and can be used exclusively by the account owner or other users that received such permissions from the account owner. 123FormBuilder never discloses the content of form submissions under any circumstance, unless specifically requested by legal state authorities.

The forms you create on our site can be shown, unfilled, to the visitors of our site, in order to offer them a better understanding of the results that can be achieved with the solution we provide. You are invited to recommend our services to any persons who might find them useful.

Any data/ information gathered through web forms and surveys created using 123FormBuilder services belong to the end-user and neither 123FormBuilder can hold ownership over them or be liable for it.

RETENTION PERIOD

As a rule, we will process your Personal Data as long as the user account exists.. The Personal Data collected in order to solve an issue will be stored for the period necessary to resolve the request.

In certain circumstances, we may retain personal data for longer periods of time, for example, if we are obliged to do so in accordance with the legal, regulatory, tax or accounting requirements.

We may also keep personal data for longer periods of time so that we have accurate records of your interactions with us in the event of any complaints or if we reasonably appreciate that there is a prospect of litigation related to the processing of your personal data.

TRANSFER OF PERSONAL DATA

Your Personal Data is filed and stored on the servers of our contractual partners that are helping us to provide our services to you. We may transfer Personal Data, as far as necessary, to the following categories of recipients: contractual partners, subcontractors, companies offering IT services, public authorities, courts of law or arbitral tribunals, and authorities competent to investigate criminal offences.

These recipients can be located in the European Union and/or in the European Economic Area. Where recipients are located outside the European Union and the European Economic Area, including in countries not recognized as ensuring an adequate level of protection, the transfer of Personal Data shall be carried out only if there are appropriate guarantees, in accordance with applicable law. In this respect, we rely on several guarantees, such as the standard contractual clauses issued by the European Commission. You may receive from us a list of recipients from third countries, as well as a copy of the agreed provisions that ensure an adequate level of protection of Personal Data. For any request to this effect, please contact us at the contact details mentioned below.

SECURITY

The security of your Personal Data is important to us. Your Personal Data will therefore be processed by applying reasonable technical and organizational measures to protect Personal Data, such as limiting access to Personal Data, encryption or anonymization of Personal Data, storage on secure environments.

RIGHTS IN CONNECTION WITH THE PROCESSING OF YOUR PERSONAL DATA

Your rights

You have the following rights in connection with the processing of your Personal Data:

Access right: You have the right to obtain from us confirmation that your Personal Data is processed by us, as well as information on the specific processing, such as: the purposes of processing, categories of processed Personal Data, recipients of Personal Data, the period for which Personal Data is stored, if we transfer the Personal Data abroad and how we protect it, your rights, the right to lodge a complaint before the supervisory authority, the source of your Personal Data.

Right to rectification: You have the possibility to request rectification of your Personal Data, provided that the applicable legal requirements are met. In the event of errors, after notification, we will immediately correct your Personal Data.

Right to erasure: In certain cases, you have the possibility to request the deletion of Personal Data, namely when: (i) the Personal Data is no longer necessary in relation to the purposes for which they were collected or otherwise processed; (ii) you withdraw consent on which the processing is based according and where there is no other legal ground for the processing; (iii) you exercise the right to object to the processing; (iv) the Personal Data has been unlawfully processed. We are not obliged to comply with your request when the processing is necessary (among others) for compliance with a legal obligation or for the establishment, exercise, or defense of legal claims. There are also other circumstances in which we are not obliged to comply with this request for the deletion of Personal Data.

Restriction of processing: You may request us to restrict the processing of your Personal Data in the following circumstances: (i) you contest the accuracy of the Personal Data, for a period enabling us to verify the accuracy of the Personal Data; (ii) the processing is unlawful and you oppose to the erasure of the Personal Data and request the restriction of their use instead; (iii) we no longer need the Personal Data for the purposes of the processing, but you require them for the establishment, exercise or defense of legal claims; (iv) you have objected to processing, pending the verification whether our legitimate grounds override yours. However, we can continue to process your Personal Data (i) when you consent; (ii) for the establishment, exercise, or defense of legal claims, or (iii) for the protection of the rights of another natural or legal person.

Right to data portability: Insofar the Personal Data is processed based on your consent or on the execution of the agreement and the processing is carried out by automated means, you have the right to have your data Personal Data provided to you in a structured format, which is currently used and can be read automatically and you have the right to request us to transfer this Personal Data to another controller. This right shall not adversely affect the rights and freedoms of others.

Right to opposition: In certain situations, such as when we process your Personal Data on the basis of a legitimate interest or for sending marketing messages, you have the right to object to the processing of your Personal Data by us. In the event of unjustified objection, 123FORMBUILDER is entitled to continue processing Personal Data.

Revocation of consent: Insofar you consented to the processing of your Personal Data, you can at all times revoke your consent, without affecting the lawfulness of processing based on consent before its withdrawal.

Right not to be subject to any automatic individual decisions: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. Such right cannot be exercised when the decision: (i) is necessary for entering into, or performance of, a contract between you and us; (ii) is authorized by law which lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or (iii) is based on your explicit consent.

Right to lodge a complaint with the supervisory authority: You have the right to lodge a complaint with The National Supervisory Authority for Personal Data Processing (“DPA”) in relation to any breach of your rights regarding the processing of your Personal Data. The contact details of the DPA are: 28-30 Gheorghe Magheru Boulevard, District 1, Postal Code 010336, Bucharest, Romania; e-mail: anspdcp@dataprotection.ro

How to exercise your rights

To learn more about the manner in which you may exercise the aforementioned rights, please contact us.

Identity verification: We take utmost care of the confidentiality of all Personal Data and we reserve the right to verify your identity if you make a request in relation to your Personal Data

Fees: As a rule, you can exercise your rights free of charge. However, we reserve the right to request a reasonable fee if your claims are manifestly unfounded or excessive, in particular because of their repetitive nature.

Response Time: We make every effort to respond to your request within one month of receiving the request. This period may be extended by two further months where necessary, taking into account the complexity and number of the requests, in which case we will inform you of any such extension and of the reasons for the delay

Cookies Policy

Our platform uses different cookies for different purposes. Some of them are required in order to provide you with our services, while others are used for marketing purposes such as Google Ads.

Please follow our dedicated cookies policy page for more details about this topic.

Anti Spam policy

We are totally against spam, this being one of the reasons why we started our service. To fight spam, we have implemented Captcha protection on our forms.

You can use smart Captcha images, which means that the verification code shows up only when the form receives more than one submission from the same IP address. You can also limit the number of submissions coming from the same IP address each day in the Settings → Security section of your form.

We reserve the right to automatically add ReCaptcha or any other anti-spam measures at any time we discover abuses of our services.

HIPAA Compliance

Our HIPAA compliant solution is only available on our Enterprise plans and includes compliance with all HIPAA statutes, safeguards, protocols, business associate agreements (BAAs), signed confidentiality agreements, and non-disclosure agreements (NDAs).

With our HIPAA features enabled, we offer several different levels of indemnification clauses in our BAAs, plus the availability of two separate insurance policies for professional services and data loss, covering you for up to 1 million dollars for each.

Our HIPAA features are only available on our Enterprise plan. It is not possible to be HIPAA compliant on other paid plans, even though these plans do offer SSL encryption, they do not comply with the rest of the HIPAA regulations and safeguards. Furthermore, 123FormBuilder cannot be held liable for any HIPAA violations that may occur through the use of our platform and services on any of the non-compliant plans.

Abuse policy

It is forbidden to create forms that request sensitive data, such as passwords, email credentials or other credentials, from form users. It is forbidden to create forms that advertise fake offers, fake job advertising or any other type of scams. It is forbidden to use our forms to send any type of emails to recipients that didn’t opt in for your communication. We do not allow our services to be used for activities related to or promoting racism, pornography, segregation, religious hatred, or any other scam or illegal activities.

We reserve the right to select our customers thus any form or account that we consider that they don’t comply with our Terms will be deleted without notice.

It is also prohibited to ask for credit card information via web forms. We offer several user-friendly payment processors. For assistance in supporting the payment method of your choice, please contact us.

We do our best to track down and ban all the forms created by users of our service for data phishing purposes. We do this both manually and automatically. If you encounter any 123FormBuilder forms that request passwords or secure credentials, please contact us.

Account limitation

Accounts may be limited for the reasons listed below. Once the issue is solved, users will have access to all complete form submissions.

Payment problems. If there is a payment problem with your account, you will have 7 days to resolve the problem. After that, you will have limited access to your account and your account will be scheduled for a downgrade to the Basic plan after 15 days. While your account is limited, you will be able to access your account and forms, but you will receive incomplete submissions and you will not be able to access your form settings and submissions.

Usually updating your credit card information will resolve the problem or you can contact us for help solving the issue. If you solve the payment problem within 15 days, the account limitation will automatically be removed and your account will no longer be subject to a downgrade.

Old paid account. If you are a user that was grandfathered for a limited amount of time from an old type of paid account, you might receive incomplete messages. Contact us and we sort it out together.

Too many submissions. If you are on the free plan and receive more than your account quota, you will receive incomplete submissions at first. If your account continues to exceed the submission limit, it will be suspended. Submissions use resources on our side thus we can’t offer them for free. Upgrade to a paid plan to receive more.

Missing backlink. If you are on the free plan and remove the backlink to 123FormBuilder from your forms, you will receive warning messages. If you don’t add the link back to your forms, your account will be limited. Insert the backlink in your forms or upgrade to a paid plan to resolve this issue.

Phishing. Forms and accounts used for phishing purposes are suspended. Owners will not be able to log in and forms will not be functional. There is no wa