Effective date: November 1 2019
The platform accessible through the www.videoask.com domain name (the “Site”) and the Videoask app (the “App”) are provided by TYPEFORM SL (hereinafter referred to as “us”, “we” or the “Company”), a Spanish entity with registered address at Carrer Bac de Roda, 163, local, 08018 -Barcelona (Spain), and C.I.F. (Spanish tax identification number) B65831836. The Company is registered in the Commercial Registry of Barcelona, page B-421911, folio 145, volume 43262. You may contact us by sending an email to support@typeform.com or filing out this Typeform.
These terms of use (the “ToU”) are the legal agreement between you and the Company, and govern the access to, browsing and use of the Site and the App. By accessing the Site or downloading the App, you accept to be bound by these ToU. In case you do not agree with the terms and conditions set forth herein, you must refrain from accessing and using the Site or the App. Should you have any doubts in connection with these ToU, please contact support@typeform.com.
The purpose of the Site and the App is to provide general and business information about the activity of the Company and, with respect to users that have created an account in accordance with the Service Terms and Conditions, enable the use of the services offered by us, consisting in the creation of video forms —the “Videoask”—,and any other services as may be offered by us from time to time (indistinctly referred to as the “Services”).
Neither the Site nor the App are not targeted towards, nor intended for use by, anyone under the age of 16. You must be at least age 16 to access and use them, as well as to use the Services. If you are between 14 and 16 years old, you may only use them under the supervision of a parent or legal guardian.
We make our best efforts to ensure that all general and business information is comprehensive and error-free, and we periodically review the contents, information and any other data of any kind included in the Site and/or the App. However, you acknowledge and accept that all data available in there is provided for information purposes only, and that the Company does not warrant nor accepts any liability for any errors existing in the information. We recommend you that you search from time to time for updates of or amendments to the contents of the Site and/or the App.
You must use the Site and App complying with law and public order. In particular, you undertake to not use them to pursue illegal purposes, contrary to the rights and legitimate interests of us or any other third party, or in any other manner that may tamper, disrupt, overload or otherwise damage the Site, the App and/or the Services. You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company.
You shall indemnify, defend and hold the Company, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless and will keep them indemnified from and against any claim, loss, expense, liability, damage or demand, including reasonable attorney’s fees, relating to, arising from, or allegedly arising from your use of the Site and/or the App in breach of the law, or a breach of these ToU or any other contractual obligation you have assumed vis-à-vis the Company.
We make our best efforts to ensure that the Site and/or the App are available and fully functional. However, and to the maximum extent permitted under applicable law, we do not warrant that the Site and/or the App will always be available, undisrupted and error-free. In particular but without limitation, we shall not be held liable in the event of:
All works, trademarks, software or other contents and creations displayed or otherwise provided or made available by us are owned by the Company or have been licensed to us by their owner. Unless expressly granted by their corresponding rightsholders or by law, you do not have any use or ownership rights upon the above-mentioned contents and creations other than for the use of the Site and/or the App and/or the Services under the terms and conditions described in these ToU. Therefore, and except when authorized in accordance with this section or these ToU, you may not distribute, reproduce or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.
Your use of the Site, the App and/or the Services may result in the collection and further processing of information, including information having a personal nature. We will inform you whenever said collection and processing takes place, and the processing shall be governed and subject to our Privacy Policy and Cookie Policy.
We are not liable for websites and contents provided by third parties and linked or embed in the Site, the App or the Services, either as advertisement banners or otherwise included in any content. We shall have no obligation to review the contents of said webpages and the services or products that third parties may offered through them, and their existence does not imply that we support, promote, endorse, sponsor, guarantee or recommend the linked websites, contents, services or products. You acknowledge that terms and conditions may apply to the access and use of said services, products and websites, and that you are responsible for reviewing and accepting them.
We may update, delete, amend or modify the Services, the Site and/or the App and the information provided through them from time to time. Likewise, we may delete access to the Services or the Site or App from time to time, by providing prior reasonable notice.
The rights and obligations of the parties under these ToU shall be governed by Spanish law. This shall not prevent the application of those mandatory rights you are entitled to under your applicable law in the event that you are acting as a consumer.
Also, should you be acting as a consumer, you may also access to the European Union’s online dispute resolution webpage at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
The illegality, invalidity, nullity or unenforceability of any of the sections of these ToU will not affect the validity of its other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.
If, at any time, we ail to respond to a breach of these ToU by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in writing and signed by the Company.
Terms and conditions applicable to the use of the Services
(Effective date: November 1, 2019)
The platform accessible through the www.videoask.com domain name (the “Site”), the VideoAsk app (the “App”), and the services offered through both the Site and the App are provided by TYPEFORM SL (hereinafter referred to as “us”, “we” or the “Company”), a Spanish entity with registered address at Carrer Bac de Roda, 163, local, 08018 Barcelona (Spain), and C.I.F. (Spanish tax identification number) B65831836. The Company is registered in the Commercial Registry of Barcelona, page B-421911, folio 145, volume 43262, and conducts business under the ‘Typeform’ trade name. You may contact us by sending an email to support@typeform.com or filing out this Typeform.
These Service Terms and Conditions (“STC”) govern the use of the services offered by us, consisting in the creation of video forms —the “Videoask”—, and any other services as may be offered by us from time to time (indistinctly referred to as the “Services”). Terms of Use are included into this STC by reference.
In order to be able to use the Services, you will need to create an Account (as this term is further described in section 2.a below) and comply with other requirements set forth in these STC. Please note that the Account also enables you to use the functionalities aimed at interacting with the product accessible through the Site and the App. Should you decide to use those functionalities, the Developer Terms and Conditions apply to you in addition to these STC.
Services are offered to individuals and companies, either conducting business activities on their own or acting as consumers. For purposes of these STC, ‘consumer’ shall be interpreted as any individual or company using the Services for a purpose other than to conduct a business or commercial activity.
The Services are only addressed to individuals being sixteen (16) years of age or older. By filing out the registration forms and requesting into our Services, you warrant and represent that you have that legal age.
In order to access the Services, you will need to register and create a personal and non-transferable account(the “Account”). To this end, you must provide true, accurate, current, complete and accurate information, as requested during the registration process, that refers to you. You cannot sign up or otherwise create an account with us on behalf of a third party.
We may provide different plans offering different functionalities and features, and subject to different pricing conditions. Services definition may vary from time to time and further and detailed information on the current features and functionalities of the Service is provided during sign up process. Account ownership is based on the data provided when signing up and, to this end, it is important as mentioned above that all information you have submitted is true, accurate, current and complete. Note that when you are providing your information and accepting these STC, you are entering into an agreement with us which described which are the obligations we have with regards to each other. If you have problems accessing or logging in into the Services, please contact us.
Once Account has been successfully created, Services will be available and ready to use. Note, however, that access to and use of certain functionalities and Services may be subject to payment requirements. We will provide any information in connection with the same in the Site and/or the App.
This section does not preclude your rights as consumer under section 7 below —if you are using the Services as a consumer, you are entitled to cancel and withdraw from these STC and the Services under the terms and conditions detailed in that section.
To ensure you are provided with high-quality Services, we may rely on from time to time third parties service providers. You understand that those providers act beyond our reasonable control and that we shall not be held liable by any damages caused by an action or omission attributable to them.
Also, you may decide to use third parties to process the information you may collect through the Services. In all those cases, you acknowledge and agree that those third parties are beyond our reasonable control, and that we will not be liable for any damages arising out the use of said information by those third parties. We recommend you to carefully review any terms and conditions governing the use of those third parties’ services and any integration tools they may offer before start using their services. Note that the use of said services may result in the transmission of any kind of information (either confidential or having a personal nature, among others) outside our platform, and third parties not related to the Company may subsequently be gaining access to, modifying or even deleting said information.
Accounts are to be used by you, and it is strictly forbidden to share nor allow others to use it. You must keep credentials for your Account secured at all times. It is strictly forbidden to share said sets of data with any third parties, nor to write them down for recovery purposes. Should you suspect that your Account or your credentials have been or are being used by a third party, or have been compromised, you must contact us immediately at support@typeform.com. Otherwise, we may attribute all use of your Account to you, and you agree to be responsible for all activities that occur under your Account.
You must use your Account and the Services complying with law and public order. In particular but without limitation, you shall not:
For avoidance of doubt, you —or any third party authorized by you— may carry out any action that enables the Services or the App to interoperate and communicate with a given software program, provided that any such integration has been developed by means of the public APIs and related products and services provided by us as part of our range of technical products for developer and integrator users. You understand that we do not control the use of any information collected by third parties —regardless of whether said collection of information took place in the past, is taking place in the present or is intended to be carried out in the future— by means of said integrations and that further third parties’ terms and conditions may apply to you APIs usage. Therefore, you understand and agree that we shall not defend, indemnify or hold you harmless for any and all costs or damages arising from those third parties actions and integrations.
The Site, the App and the Services may include information, graphics, text, images and other materials uploaded by other Account holders or third parties. Said materials are solely for your use in connection with the Site, App and Services, and their legality, accuracy and completeness are the sole responsibility of the party that have uploaded them to or provided as part of them. Use of the materials may be subject to specific terms and conditions or license terms, and you are responsible to obtain any required licenses or authorizations, and to comply with any licenses or terms and conditions applicable to them.
We do not claim ownership on the contents you may upload or otherwise use in connection with the Site, App or Services. However, to ensure we can provide you with the Services, you grant us a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable, license under all your intellectual property rights to use, reproduce, distribute, communicate and public perform or display (including, among others, the rights to broadcast and transmit), transform and modify, and/or adapt your contents in connection with the operation of the Site, the App and/or the Services. You represent and warrant that you have the rights necessary to grant the license hereunder, and that your contents do not infringe the law or third party rights or interests.
Please note that by submitting contents (photos or videos) into the Service, said contents are made publicly available to third parties. Please, evaluate whether you want to share said contents under those conditions before submitting them as part of the Services.
Without prejudice to section 3.b above, you accept not to upload into the Services or the Site or App, or post, email, transmit, share or otherwise use, in conjunction with, or related in any manner with the Services contents in respect of which you do not count with the prior authorization of their titleholders. We are not responsible for said contents nor the actions you may take with respect of the contents, and you shall not use third parties’ contents unless you have first obtained the permission of its owner.
By way of example, you shall not use photographs, music, texts, graphics, information, trademarks, trade names, or other contents protected under intellectual property rights that are not yours, except when the corresponding owner has expressly given its approval. It is strictly forbidden to use the Services to circumvent the rights of any titleholder upon its intellectual property or other exclusive rights, such as for instance, providing through the Services links to P2P platforms including infringing materials.
Notwithstanding section 11 below, we may delete at any time any content that breaches this section, without prior notice and accepting no liability for any such deletion.
You acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, we may be required by third parties to review certain content submitted by you to determine whether it is illegal or whether it breaches these STC. We may at our sole discretion modify, prevent access to, delete, or refuse to display content that we believe violates the law or these STC. However, you acknowledge that we have no obligation to monitor or review any content submitted by you.
Your use of the Services may result in the collection and further processing and analysis by you of information belonging to third parties (the “Respondents” of the Videoask). Any contractual relationship existing with Respondents is entered into between you and them. You are fully responsible to meet any applicable obligations when contacting Respondents and processing their data, such as, without limitation, those under data protection (including informing Respondents about the data collection and processing, as well as attending the rights granted to them by law), cookies or e-commerce laws and regulations. In addition, you are responsible for ensuring that Respondents review and accept these STC and our Privacy Policy, and you will provide any evidence of their consent and approval as requested from time to time by us.
You undertake to submit true, accurate, current and complete information for the Account creation, and to notify us from time to time so as to keep said information actual and accurate. In particular, when providing details on payment methods used for paying any fees associated with our provision of the Services to you, to make sure that said method is valid and can be used by you.
You undertake to comply with any instructions or recommendations given by us or by any individual acting on behalf of the Company in connection with the use of the Site, the App, your Account or the Services.
Payment for the Services shall be subject to the Payment Terms and Conditions, which are included into these STC by reference.
The term for our Services shall commence upon creation of an Account with us and shall remain in force indefinitely unless terminated by you. Any Account having pre-paid features shall be subject to a particular term, as selected by you when signing up for said Services, and shall automatically renew on monthly or annual periods, depending on the term contracted, unless you, at any time, decide to cancel their renewal of your Account. In any such cases and except that you decide to cancel your entire Account, the subscription for which you have paid for will run for the entire contracted term, and your Account will be downgraded to a basic free Account.
As mentioned above, you may terminate your Account at any time, and we reserve the right to terminate your Account under the conditions set forth in section 6 below. These STC apply as long as you count with an Account at our Site/App, regardless on the type of Account you held at each moment (free or paid one).
This section shall not prevent the rights you have as a consumer in connection with the cancellation of or withdrawal from your Account. For further information please refer to section 7 below.
We are entitled to suspend your Account in the event that you provide us with untrue, inaccurate, not current or incomplete information when creating your Account, as well as when you fail to comply with these STC or other mandatory provisions by law. Upon occurrence of any of these, we will contact you and request you to remedy your breach of these STC.
We are entitled to terminate your Account in the event you fail to redress any STC breach in the non-extendable term of fifteen (15) calendar days from notification date. Additionally, your Account may be terminated in the event you substantially breach these STC, including without limitation any case in which the Account is used to commit fraud (e.g. to carry out phishing attacks) or willfully addressed to breach the law. Account termination may result in data loss.
Finally, we may terminate your Account should you oppose to the appointment of any sub-processor, as further detailed in our Privacy Policy.
You may terminate your Account at any time by using the account termination option. If you terminate your Account you may still be able to access the Site or the App, but you will not have access to the Services, features and content that are available to Account holders. Please note that this may result in data loss.
The Services are available upon completion of the sign up process and creation of your Account (except for those functionalities subject to any of the subscription plans provided by us). By creating your Account and expressly requesting the Services, you waive to your withdrawal right, if applicable.
The Services may include functionality that allows you to access and post content to social media and third parties platforms regarding your activities while using our Services. If you choose to use this functionality, we may:
Subject to all the applicable third parties’ terms and conditions and privacy policies, by connecting your Account with your account on a social media or third party platform, you grant us permission to access and use the information that you make available through the social media or third parties’ platform at issue. To manage the information provided to us, please review the privacy settings applicable to your social media or third parties’ platform accounts.
We are no liable for social media or third parties’ platforms contents, products or services. We shall have no obligation to review their contents, services or products. You shall review all terms of use, policies and guidelines established from time to time in said social media or platforms, and you agree to be solely responsible and liable for any claims arising as a result of sharing or posting any content to or your activity in any social media or third parties’ platforms.
To the maximum extent permitted by applicable law, the Site, the App and the Services are provided “as is”, “with all faults” and “as available” and the entire risk of use and performance, remains with you. The Company and its suppliers do not make any representations, warranties, or conditions, express, or implied, or statutory, and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment, or non-infringement and does not make any warranty or claim that the Services will be available or provided on an uninterrupted, timely, or secure basis; will be accurate, complete, reliable, or function properly; meet your requirements; be error free or free from viruses, worms, or other harmful or malicious components. You may have additional rights under your local laws that these STC cannot change and, in any such cases, the Company’s liability is limited in accordance with and to the extent permissible under said local laws.
To the maximum extent permitted by applicable law, in no event will the Company be liable for any consequential, incidental, exemplary, punitive, or special damages, including any damages to or for loss of data or privacy, revenue, profits, or property (including buildings, wiring, fixtures, devices, computers, peripherals, and animals) or for injury or death, arising from or relating to these STC, your Account, or the Services.
Subject to sections 9 and 10 above, Company’s maximum, aggregate liability to you , and your exclusive remedy under these terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to these terms, your Account, the Services, the Site or the App will not exceed a total maximum amount equivalent to fees paid to the Company in the last twelve (12) months preceding the date in which the damage took place.
The limitation of liability set forth in this section shall only apply to the maximum extent permitted by law. In particular, it shall not be applicable in the event of gross negligence or willful misconduct, or —subject to you using the Services as a consumer— injury or death.
You shall indemnify, defend and hold the Company, its officers, directors, employees, agents, partners, suppliers, and/or licensors harmless and will keep them indemnified from and against any claim, loss, expense, liability, damage, or demand, including reasonable attorney’s fees, relating to, arising from, or allegedly arising from (a) your use of the Site, the App or the Services, and activities occurring under your Account; (b) any violation of these STC; or (c) your violation of any other party’s rights or applicable law. The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
We may modify from time to time these STC. We will provide you with reasonable prior written notice of any change. Should the changes substantially modify these STC, we will provide you with prior notice. If you do not agree to any amendments to the STC, you shall (as your sole remedy) stop using the Site, the App and the Services. By continuing to use the Services, the Site, or the Services, you are providing your agreement to be bound by the updated terms of the STC.
The illegality, invalidity, nullity or unenforceability of any of the sections of these STC will not affect the validity of its other provisions, which shall remain in full force and effect. Such sections are to be replaced or integrated into others that, in accordance with law, correspond to the objective of the substituted sections.
If, at any time, we ail to respond to a breach of these STC by you, that failure will not waive our right to act with respect to subsequent or similar breaches. A waiver will only be binding on the Company if it is in writing and signed by the Company. These STC constitute the entire agreement between you and the Company with respect to your Account and the Services. Both, you and the Company, warrant to each other that, in entering these STC, neither the Company nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these STC.
The rights and obligations set forth in these STC (or, otherwise, of the Account) cannot be assigned to any third party without the prior written consent of the Company.
You can contact us in case you have any doubts, comments or concerns by any of the following means:
TYPEFORM SL
c/ Bac de Roda, 163 (local), 08018 – Barcelona (Spain)
These STC shall be governed and construed in accordance with Spanish law, without reference to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any dispute that may arise from or in connection to us and/or the Site, the App or the Services shall be subject to the jurisdiction of the courts in Barcelona, Spain.
If you are acting as a consumer, these STC shall be governed and construed in accordance with Spanish law, but this shall not prevent the application of those mandatory rights you are entitled to under your applicable law. The courts in Barcelona, Spain, shall have no exclusive jurisdiction in connection with any claim brought by you against the Company.
You may also access to the European Union’s online dispute resolution webpage at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
Your privacy is important to us!
(Effective date: November 1, 2019)
California Residents: If you reside in the State of California in the United States, please click here and refer to the ‘CCPA Notice’ section for additional California-specific privacy disclosures that address the collection, use, disclosure and other processing of personal information that supplement this Privacy Policy and may fall outside its scope.
If you are a respondent (i.e. someone answering a Videoask), please note that we are not the entity responsible for the processing of data, but a mere provider rendering services to the person or company that sent you the VideoAsk at issue. We suggest you to carefully read the terms and conditions and privacy policy of the company or person that sent you the typeform, as those are the ones governing the processing of your personal data. If you have any doubts, please contact that person or company. Also, depending on how the person or company configured that Videoask, your data may be shared or made public. To find out more, please contact the entity or person sending you the Videoask.
If you use our Services, or Site or App, this Privacy Policy sets forth how we are processing your personal data, and how are we processing personal on your behalf. You are not required to provide any personal information when using the Site or the App, unless you choose to access features that require such information (as, by way of example, subscribing to any newsletter). The use of the Services, however, require that you sign up and create an account as described more in detail in the Service Terms and Conditions.
Personal information is processed by us, an entity incorporated in accordance with the laws of Spain with the following contact details:
TYPEFORM SL
C/Bac de Roda, 163 (Local), 08018 – Barcelona (Spain)
Contact email: support@typeform.com
Contact details for our Data Protection Officer: gdpr@typeform.com
We will process your data when we have to perform a contract, and we will be processing your data as long as the contractual relationship with you is in force and during the five years following the end of said relationship. This results in us having to process your data for purposes of providing you with both the Services, as well as to perform our obligations under the Services Terms and Conditions.
Subject to obtaining your consent, and as long as you do not withdraw any such consent, we may process your data for the following purposes:
When we have to comply with a legal obligation applicable to us from time to time, such as those set forth in tax and anti-money laundering laws and regulations (such as Act no. 58/2003, dated December 17, on Taxes; Act no. 27/2014, dated November 27, on corporate taxes; Act no. 10/2010, dated April 28, for the prevention of money laundering and financing or terrorism; or Organic Act no. 10/1995, dated November 23, on Criminal Code). In any such cases, the data will be processed only during the periods set forth by said laws, being deleted thereafter.
Finally, we may also process your data to protect our legitimate interests, as long as said data is necessary to fulfill the goals set forth below, namely:
We need to process your personal data to perform the legal and contractual obligations mentioned in section 3.2 above. Otherwise, we are not able to provide you with the Services and/or access to the Site and App. On the other hand, for data processing which depends on your consent or on our legitimate interests, the data processing is not legally required.
We share your information with our service providers who help us to provide the Services to you, in which case those third parties are required to comply with our internal standards, policies, and technical and organizational measures that ensure that your data is protected and kept confidential at all times, and only in accordance with and to the extent authorized by this Privacy Policy.
When you authorize us to do so, we may also share your data with other companies so that they can process the data for other purposes, as explained more in detail when we request your prior consent. In addition, if you provide consent for the installation of cookies, your data may be processed by third companies for the purposes and in the territories mentioned in the Cookie Policy.
Finally, we may also share your information with competent courts and authorities, when we are legally required to do so (for instance, to allow such bodies to investigate, prevent or take action against illegal activities), or we have to take action to protect our rights or any third party rights.
Finally, please note that you may opt for creating a VideoAsk and share publicly the responses provided by third parties, said results will be shared with those third parties you opt to share them with. Please, bear in mind that, depending on what you intend to do with your data, you may be required to inform or comply with further legal requirements vis-à-vis respondents.
Your information (not third parties’ information collected through typeforms, which is subject to section 4.10 below) may be transferred, processed and stored in third countries not having data protection laws as protective as those in your jurisdiction. Your agreement to the terms of this Privacy Policy followed by your submission of information in connection with the Service represents your agreement to this international transfer of personal data.
You have the right to withdraw your consent at any time. You also have the right to request access to and rectification or erasure of your personal data, or restriction of processing, or to object to processing, as well as the right to data portability. Please note that if you choose to cancel your data, your account will be deleted and all data in your account will be permanently deleted from our systems. You may as well lodge a complaint at any time with the Spanish Data Protection Agency (www.agpd.es).
We allow you to exercise the above-mentioned rights at any time by opening a support ticket via the Help Centre (https://www.typeform.com/help/), by contacting our Support Center (support@typeform.com), or by sending a post mail to c/ Bac de Roda, 163 (local), 08018 – Barcelona (Spain).
You can update any information we may have from you by means of the account settings area or by sending us a written communication as described in section 3.6 above. Please, remember that it is your duty to keep information updated so as we can correctly provide you with the Services, and you undertake to verify the information you have handed us from time to time to make sure that it is accurate.
As explained in section 3.6 above, you are entitled to ask us, now or at any moment, not to send you any kind of emails or commercial communications. To that extent, you can either change the communication preferences in your account settings page or contact us as described in section 3.6 above. Note that this will not prevent to send you emails or other communications related to the Services, as those communications are necessary to perform the relationship we have with you.
In this respect, by entering into the Service Terms and Conditions you accept that we seek the assistance of our affiliate TYPEFORM US LLC, having registered address at 370 Brannan Street, San Francisco, CA 94107 (United States of America) as well as a contractor located in the United Kingdom providing customer success services. Additionally, we will also continue to engage other service providers for carrying out the Services, as those subprocessors are listed and identified in https://www.typeform.com/help/what-other-companies-do-we-share-data-with/.
In the event that we want to change any of those service providers by another, or that we need to hire new companies, you will have the right to reasonably oppose to such changes or new appointments in the non-extendable term of 15 calendar days since we publish the new sub-processor to be hired in the above-mentioned page. ‘Reasonable oppose’ shall be interpreted as any challenge based on the failure to meet the legal requirements set forth by the European data protection laws by the new entity to be hired. In any event, we reserve the right to terminate the relationship with you should we cannot hire a subprocessor which is essential or needed for providing the service.
TYPEFORM shall enter into written agreements with any subprocessors engaged in the provision of the Services including the safeguards and guarantees required by the GDPR, particularly in respect of implementing the security measures required in the GDPR. For those subprocessors not part of the Privacy Shield scheme or located in a country considered by European authorities as having the same level of protection than European data protection laws, you agree to comply with the requirements set forth in 4.10 below.
With respect to data breaches, we will notify you without undue delay upon we confirm that a data breach affecting personal data has taken place. We will provide you with sufficient information to allow you to meet any obligations to report or inform competent authorities or data subjects. We will reasonably cooperate with you and take such reasonable commercial steps as are directed by you to assist in the investigation, mitigation and remediation of each such data breach. For avoidance of doubt, you shall be responsible for both filing any reports required under applicable law and notifying data subjects, and you shall defend, indemnify and hold us harmless of any and all costs (including attorney’s fines), fines or sanctions, or any damages that lack of action on your side may cause.
In those cases, you shall ensure that said transfer is possible in accordance with European data protection regulations or any other requirements set forth by law without having to sign Standard Contractual Clauses. Should this not be possible —and only to this extent— and with respect to any subprocessors hired by us, you (as ‘data exporter’) and we (as ‘data importer’) hereby agree to enter into the Standard Contractual Clauses in respect of any such transfers of data. You fully agree with the contents of the Standard Contractual Clauses (available here: https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32010D0087) and —given that the contractual relationship set forth in the Service Terms and Conditions cannot exist without international transfers of data— you further warrant and represent that you will not question the execution of Standard Contractual Clauses in the future, being their signature a mere act evidencing their agreement to the same as set forth herein.
Effective date: November 1 2019
This document (the “PTC”) sets forth the terms and conditions under which the services provided through the www.videoask.com domain name (the “Site”) and related App (the “App”), and offered by TYPEFORM SL (the “Services”) are to be paid and invoiced. TYPEFORM SL (“us”, “we” or the “Company”) is a Spanish entity with registered address at Carrer Bac de Roda, 163, local, 08018 Barcelona (Spain), and C.I.F. (Spanish tax identification number) B65831836. The Company is registered in the Commercial Registry of Barcelona, page B-421911, folio 145, volume 43262, and conducts business under the ‘Typeform’ trade name. You may contact us by sending an email toor filing out this Typeform.
We reserve at any time the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Site and the App, in connection with those of our Services selected by you. We reserve the right to change the price and to institute new charges at any time upon notice to you (i.e. on the website and/or by email).
By continuing to use or access the Services after such changes come into effect, you agree to be bound by the new or increased charges. Any fees paid hereunder are non-refundable, except when required by law.
Subject to applicable legal requirements, failure to pay fees may result in the suspension or termination of your Account, as this term is further described in the Service Terms and Conditions, and may further result in a loss of your data associated with the use of the Services.
The prices for the Services include VAT and any other taxes, as applicable. VAT is the value added tax that must be applied to our services sold within the European Union (EU). If you are located within Spanish territory, VAT must be paid in all cases. If you are located within the EU and you have received a VAT number issued by a member State of the European Union, you may use your VAT number when making payment and, thus, you may be exempted from paying VAT.
Payment of the Services is to be made by credit or debit card. Payments are processed by means of a third party, which is certified in accordance with PCI Level 1 requirements. Therefore, we have no access to payment information, nor subsequently store said piece of information.
You must update from time to time the payment information provided to us, in order to ensure that its accurate and up to date. Should a payment not be processed because you fail to meet the obligations set forth in this section, your access to or use of the Services may be suspended or terminated, as described more in detail in section 6 of the Service Terms of Use.
The Services are invoiced in advance, with monthly or annual frequency, depending on the period contracted. We will be sending you the invoice in paper, unless you have authorized to receive it electronically to the email address you provided when creating your Account.
Fees are nonrefundable. We will not refund any amount nor grant any credit for contracts that are cancelled before reaching their end date.
(Effective date: November 1, 2019)
The platform accessible through the www.videoask.com domain name (the “Site”) and related app (the “App”) is provided by TYPEFORM SL (hereinafter referred to as “us”, “we” or the “Company”), a Spanish entity with registered address at Carrer Bac de Roda, 163, local, 08018 -Barcelona (Spain), and C.I.F. (Spanish tax identification number) B65831836. For purposes of ensuring that the Site and any services provided through the Site and the App can be used by you, we and other third parties install and use cookies. This Cookie Policy (the “CP”) is aimed at providing information on the cookies used and how to disable them.
You may contact us should you have any questions regarding this CP by sending an email to support@typeform.com or filling out this Typeform.
Cookies are small text files that are generated when you access the Site and the App and that collect your browsing information.All cookies used by us are safe for your computer and only process information which is stored on your internet browser. Our cookies cannot execute code, do not contain malware or viruses, and cannot be used to access content on your computer.
We use own and third parties’ cookies, as described below:
We use third party cookies for the purposes mentioned above. Said cookies are installed, used and owned by Stripe, Inc., a US entity with registered address at 510 Townsend Street, San Francisco, California, 94103 (United States of America). To know more about Stripe’s cookies, please visit its cookies and privacy policies, as available in the following link: https://stripe.com/es/privacy. Please, note that the processing of data by Stripe may entail the international transfer of data outside the European Union, as further described in the link above.
You can allow, block or delete cookies at any time, by configuring your browser settings. As mentioned in section 2 above, blocking or deleting some cookies may impact your ability to access and/or use the Site, the App or the services offered by us. You can find more information on how to block or deactivate cookies below:
(Effective date: January 1, 2020)
These Additional California Privacy Disclosures (the "CA Disclosures") supplement the information contained in our Privacy Policy and apply solely to individual residents of the State of California ("consumers" or "you").
These CA Disclosures provide additional information about how we collect, use, disclose and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 ("CCPA").
Unless otherwise expressly stated, all terms in these CA Disclosures have the same meaning as defined in our Privacy Policy or as otherwise defined in the CCPA.
Personal Information Disclosures
When we use the term “personal information” in these CA Disclosures, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
For the purposes of these CA Disclosures, personal information does not include:
Collection and Use of Personal Information
We collect various categories of personal information in connection with our services. Please review our Privacy Policy to learn more about the personal information we collect.
In the last 12 months we have collected the following categories of personal information:
| Category of Personal Information | Categories of Sources | Commercial or Business Purpose |
| Identifiers, such as name, address, email address, account information or other similar identifiers. |
| Common Purposes Described Below |
| California Customer Records (Cal. Civ. Code § 1798.80(e)), such as financial information. |
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| Commercial Information, such as information about products or services purchased or considered and your use of our services. |
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| Internet/Network Information, such as log data and analytics data (including your usage and activity on our website). |
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| Geolocation Data, such as your general geographic location based on the log data. |
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| Sensory Information, such as audio recordings (i.e. if you use VideoAsk) of phone calls you have with us or photographs and video footage you choose to provide or we otherwise record as permitted by law. |
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| Professional/Employment Information, such as current occupation, job title, company/employer, industry and employment history. |
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| Other Personal Information, such as messages or requests you provide to us directly or through a third-party service, such as social media. |
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| Inferences, including information generated from your use of our websites reflecting your preferences. |
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The following “Common Purposes” apply to all categories of personal information we collect:
Disclosure of Personal Information
In the last 12 months, we have not sold personal information about you, but we have disclosed all of the categories of personal information we collect, explained in the table above, to our affiliate and to third parties for a business purpose.
* Note about “Sales”: We do not “sell” personal information as most people would typically understand that term. However, we do allow certain third-party partners and providers to collect information about consumers directly through our services for purposes of analyzing and optimizing our services and ads, providing content and ads that are more relevant, measuring statistics and the success of ad campaigns, and detecting and reporting fraud. To the extent this practice is interpreted to constitute a “sale” under the CCPA, please see our Cookie Policy for more information including how you may be able to exercise your rights to opt-out of cookies, analytics and personalized advertising.
Recipients of Personal Information
As described in our Privacy Policy, we share personal information with our affiliate and with a variety of third parties for business purposes. Please refer to our Privacy Policy for further information.
Your California Privacy Rights
As a California resident, you may be able to exercise the following rights in relation to the Personal Information about you that we have collected (subject to certain limitations at law):
| The Right to Know | You have the right to request any or all of the following information relating to the personal information we have collected about you or disclosed in the last 12 months, upon verification of your identity:
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| The Right to Request Deletion | You have the right to request the deletion of personal information that we have collected from you, subject to certain exceptions. |
| The Right to Opt Out of Personal Information Sales | You have the right to direct us not to sell personal information we have collected about you to third parties now or in the future. If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales. |
| The Right to Non-Discrimination | You have the right not to receive discriminatory treatment for exercising any of the rights described above. However, please note that if the exercise of the rights described above limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products or services or engage with you in the same manner. |
How to Exercise Your California Privacy Rights
To Exercise Your Right to Know or Right to Deletion
To exercise your right to know and/or right to deletion, please submit a request by:
We will need to verify your identity before processing your request. In order to verify your identity, we will generally either require the successful login to your account or the matching of sufficient information you provide us to the information we maintain about you in our systems. Although we try to limit the personal information collected in connection with a request to exercise the right to know and/or the right to deletion to that personal, certain requests may require us to obtain additional personal information from you. In certain circumstances, we may decline a request to exercise the right to know and/or right to deletion, particularly where we are unable to verify your identity.
To Exercise Your Right to Opt Out of Personal Information Sales
As noted above, we do not “sell” personal information as most people would typically understand that term. However, we do allow certain third-party partners and providers to collect information about consumers directly through our services for purposes of analyzing and optimizing our services and ads, providing content and ads that are more relevant, measuring statistics and the success of ad campaigns, and detecting and reporting fraud. To the extent this practice is interpreted to constitute a “sale” under the CCPA, please see our Cookie Policy for more information including how you may be able to exercise your rights to opt-out of cookies, analytics and personalized advertising.
Updates to These CA Disclosures
We will update these CA Disclosures from time to time. When we make changes to these CA Disclosures, we will change the &ldquot;Last Updated&ldquot; date at the beginning of these CA Disclosures. If we make material changes to these CA Disclosures, we will notify you by email to your registered email address, by prominent posting on our online services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification.
Contact Us
If you have any questions or requests in connection with this Notice or other privacy-related matters, please send an email to support@typeform.com
Typeform as Service Provider
This notice confirms that we will act as a Service Provider as such term is defined in the California Consumer Privacy Act, Cal. Civ. Code §§ 1798.100 et seq. and implementing regulations (the “CCPA”). We will collect, access, maintain, use, process and transfer personal information, as that term is defined by the CCPA (“CCPA Personal Information”) solely for the purpose of performing our obligations under the Service Terms and Conditions and as further described in our Privacy Policy, on your behalf and for no commercial purpose other than the performance of such obligations.
We shall not sell, disclose, release, transfer, make available or otherwise communicate any CCPA Personal Information to any third party without your prior written consent. Notwithstanding the foregoing, nothing shall restrict our ability to disclose CCPA Personal Information (i) to a Subcontractor for a business purpose pursuant to a written agreement to protect CCPA Personal Information in the same manner as provided herein and in the Privacy Policy, (ii) to a third party as necessary to comply with applicable laws, or (iii) as otherwise permitted by the CCPA.
We will delete and permanently destroy CCPA Personal Information (i) upon your written request by you, and (ii) upon termination of this Agreement. We shall at all times remain responsible for compliance with its obligations to protect CCPA Personal Information in accordance with this notice and our Privacy Policy and will be liable to you for the acts or omissions of any subcontractor or other third party to whom we have disclosed or permitted to access CCPA Personal Information as if they were our acts or omissions.