GDPR, Privacy, and Data Protection at eForms Mobile
Information about our Privacy and 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”). eForms Mobile 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 eForms Mobile.
Why GDPR should matter to you
GDPR modernizes outdated privacy laws and impacts your organization if you collect or process data in or from Europe.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. Fines of up to €20,000,000 or 4% of global annual revenue, whichever is greater, could be levied on you if your organization is impacted and is not compliant with GDPR regulations.
How to prepare for GDPR
If your organization is impacted by GDPR, then you need to make sure you are compliant with the legislation before it commences on May 25, 2018. The good news is that we make it easy to use eForms Mobile 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, please seek your own legal advice.
Review your vendors/suppliers 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 design agreements that assure data protection with any vendors who may handle personal data (personally identifiable information or PII).
Review the eForms Mobile DPA if applicable
If you are a eForms Mobile client and are considered to be a data controller under GDPR, then you should review our online Data Processing Addendum (DPA) as it applies to you. The eForms Mobile DPA incorporates with our Terms of Service so, by having acknowledged our Terms of Service and continuing to use eForms Mobile, you’re already accepting our DPA. If you need to explicitly sign a data processing agreement with eForms Mobile, please email to us your company’s legal name and address to email@example.com requesting a copy of our DPA.
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 ongoing compliance
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 organization.
Any questions or disputes about your personal information can be raised with firstname.lastname@example.org. We will answer you within 2 business days.
“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 unify 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 organizations.
GDPR goes into effect on May 25, 2018 and applies to:
- all organizations established in the European Economic Area (“EEA”)
- to organizations, 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 behavior that takes place within the EEA.
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).
Though eForms Mobile is an American company, with no offices or personnel within the EEA, GDPR is still applicable for all EEA-located clients of eForms Mobile.
eForms Mobile markets a solution that allows the rapid creation of 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. The most common use-case of our platform is replacing paper forms. Forms and their associated workflows become powerful data-enabled workflow applications that work online or offline.
eForms Mobile offers this “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.
eForms Mobile 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 eForms under the control and direction of eForms Mobile clients.
eForms Mobile clients decide the nature of data being captured and stored, and they choose which individuals interact with the eForms platform (thus in turn whose personal data is captured and processed).
It is thus you, as a eForms Mobile client, that legally acts as the “Controller” as defined under GDPR.
eForms Mobile provides the means (the eForms Mobile platform) for eForms Mobile clients to capture data and interact with their respective users, clients and other parties.
As such, eForms Mobile is only processing personal data for, and on behalf of, eForms Mobile clients as a “Processor”, as defined under GDPR.
eForms Mobile has undertaken a number of initiatives to meet GDPR requirements:
Encryption of data at rest and in transit
All data stored within the eForms Mobile Platform is encrypted on the 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 with detailed information about eForms Mobile’s privacy efforts at https://www.eformsmobile.com/gdpr/.
Security Team Officer (STO)
The eForms Mobile STO supervises our entire data privacy program and works in close conjunction with eForms Mobile and external team members on matters relating to security, data protection and privacy.
Data Processing Addendum (DPA)
eForms Mobile provides a standard DPA for clients needing to sign one between us and them. The DPA clearly outlines the data processing terms between eForms Mobile and a client, and it only requires a eForms Mobile client’s signature to complete. This allows eForms Mobile’s European clients to provide the signed DPA to auditors demonstrating that the eForms Mobile Platform is used to process data in a way that meets their GDPR compliance obligation. Please email us for a pre-signed copy of the DPA.
“Is Personal Data” flags for data entities in the platform (e.g. forms and data sources)
The eForms Mobile Platform now provides new checkbox options to allow eForms Mobile clients to flag/identify data fields that contain personal data.
This, in turn, allows the eForms Mobile Platform to anonymize these fields when data leaves the eForms Mobile Platform (e.g. via manual export, connector integrations, and/or the eForms Mobile Platform API).
Careful vetting of sub-processors
Each sub-processor of eForms Mobile 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 addendum, end-to-end confidentiality and privacy policies.
All new 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 clients while remaining within GDPR guidelines
- keeping all changes as simple as possible
If eForms Mobile’s processing of personal data for your organization 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 Addendum (DPA).
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 eForms Mobile Platform through data captured and stored by eForms Mobile clients. While it is 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 client-submitted data as part of our contractual obligation to our clients, and in accordance with applicable laws, including the GDPR.
We use certain sub-processors to assist in providing the eForms Mobile platform to clients. A sub-processor is a third-party data processor engaged by eForms Mobile, that has or potentially will have access to or process client data (which may include personal data). Our list of current sub-processors is available in our Data Processing Addendum. To request a copy of that addendum, please email us.
eForms Mobile production (live) environments
- Registered users
- All personal data relating to a user is either deleted or anonymized 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 eForms Mobile clients, based on their own agreements with data subjects in turn. The eForms Mobile Platform provides clients with functionality to delete data entities as needed.
eForms Mobile 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.
eForms Mobile 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 anonymized in order to assure privacy.
Personal data stored on the eForms Mobile Platform may be visible to:
eForms Mobile Clients
Depending on their assigned access permissions, users can view and access personal data collected and/or stored within their eForms Mobile client account.
eForms Mobile employees & contractors
All employees & contractors are trained and contractually committed to following eForms Mobile’s privacy, security and data protection practices.
We work with carefully selected services to provide aspects of the eForms Mobile platform and may process data with these services as necessary to provide eForms Mobile platform services.
Other third parties if required by applicable law or where eForms Mobile has a good-faith belief that such disclosure is reasonably necessary to:
- protect the safety of any person from death or serious bodily injury, or
- 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.
The eForms Mobile Platform is hosted on geo-redundant locations (“nodes”) in the United States of America – specifically in Virginia, USA, with geo-replication in California, USA.
We understand that some companies and clients have strict rules about where software and data can be hosted. If the above regions are not sufficient to meet your data sovereignty or corporate requirements, please email us to inquire about our plans to host within the European Economic Area (“EEA”) or to ask about our enterprise server option.
eForms Mobile also provides software features to clients which allows them to anonymize personal data upon export out of the eForms Mobile Platform.
Registered administrator users may be contacted by eForms Mobile with news or offers about the eForms Mobile Services. This communication can be unsubscribed at any time by the user.
eForms Mobile does not use personal data processed through the eForms Mobile Platform for direct marketing purposes, nor does the eForms Mobile 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 eForms Mobile client for the purpose of the eForms Mobile Platform solution.