Effective Date: 09/30/2016
- https://projectcloud.newforma.com – Newforma Project Cloud Software
- https://app.smartuse.com – Smartuse mobile application software
- https://Infoexchange.newforma.com – Newforma InfoExchange software
- https://Login.leanplanner.io – LeanPlanner application software
- http://www.newforma.com.au/ – Australia
- http://www.newforma.sg/ – Singapore
- http://www.newforma.co.uk/ – United Kingdom
- http://www.newforma.ca/ – Canada
- http://www.newforma.fr/ – France
- http://www.newforma.de/ – Germany
- Newforma Cloud Services Software mobile and web applications
- Plans application
- Capture application
- Tasks application
- Email application
- Project Teams application
- Punch List application
- Field Notes application
owned and/or operated by Newforma. It also describes your choices regarding use, access and correction of your personal information.
EU-U.S. Privacy Shield
Newforma Inc. (and its parent/subsidiary companies including but not limited to, Newforma LLC (US), Newforma FZE (UAE), Newforma Asia Pacific Pte Ltd (Singapore), Newforma Australia Pty Ltd, Newforma EMEA (UK), Newforma EMEA Ltd, Newforma Canada ULC, Newforma UK Ltd, Newforma Germany GmbH, Newforma France SARL) participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Newforma is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List.
Newforma is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Newforma complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Newforma is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Newforma may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at
Under certain conditions, more fully described on the Privacy Shield website you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
U.S. – Swiss Safe Harbor Framework
Contents by Section:
A. Online Privacy/ Marketing Contacts and Privacy/ License Activation and/or License Registration and Privacy Information Collected from Online Visitors
- Information Collected via Marketing Activities
- Information Collected via License Activation and/or License Registration
- Information Collected from Users of Newforma Info Exchange or Newforma mobile applications
- The Use of Personal Information
- Updating Personal Information and “Opting Out”
B. Public Lists and Community Sections of Website, including Newforma Discussion Forums and Privacy
C. Third Party Sites and Privacy
D. Technical Support and Privacy
- Information Collected in Connection with Technical Support and the Use of that Information
- Newforma Remote Desktop Access to Servers
- Newforma Remote Diagnosis
- Usage Feedback and Licensing Reporting
E. Additional Privacy Topics
- Changes to this Policy
- Contacting Us
Section A. Online Privacy/ Marketing Contacts and Privacy/ License Activation and/or License Registration and Privacy Information Collected from Online Visitors
In general, you can visit the Newforma website without telling us who you are or revealing any personal information about yourself, such as your name, phone number or postal or email address. But occasionally, you may be asked to give us more specific information about yourself, including your name and contact info in order to perform certain actions such as when you download software, when your registering for a seminar or other event, responding to a survey, or entering a contest from our website. Supplying such information to us is optional, but you may be unable to complete certain actions without giving such information.
Information Collected via Marketing Activities
Newforma will be conducting many different marketing activities by which it may collect your personal information. For example, we may collect contact information at trade shows or seminars, we may obtain email and physical mail addresses for marketing campaigns, we may invite the public to download free software from our website in return for providing us contact information, and we do obtain addresses from publications that target the industries from which we hope to attract customers. We may obtain lists of names and addresses, we may obtain them from entities that provide only names of individuals who have “opted in” to receive communications from companies such as Newforma.
Information Collected via License Activation and/or License Registration
At the time customers register or activate their license of Newforma software, Newforma collects information including but not limited to, Company name, address, contact name, contact email address, telephone number, title, role, projects being designed, primary software applications in use and industry sector. Newforma requests this information because it believes it is important to understand who its customers are and how to contact them with relevant product information. In some circumstances, Newforma may be obligated to make this information available to third parties who license technology to Newforma that is included in the products being activated. Such third parties are required to keep such information confidential and are prohibited from using that information for any purpose other than as authorized by us.
At times, Newforma may also collect sensitive personal information such as credit card and other payment information for the purpose of processing payment transactions.
Information Collected from Users of Newforma mobile, application and web product offerings (see section 1 for a complete list)
Newforma collects certain information, including but not limited to name and email address, from people who use our products. Information is collected when a user first signs up with any Newforma product offering or first uses a Newforma mobile application. Newforma may use the information collected from you in order to provide information to you via email regarding Newforma’s products and services or the products and services of Newforma’s partners. If you do not wish to receive such information, you may opt out by following the procedure described in “Updating Personal Information and Opting Out” below. In addition, emails we distribute containing information we think may be of interest to you also contain instructions as to how you can opt-out of future emails. Please note, “you may continue to receive service-related correspondence from us when utilizing services for our products.”
For mobile applications, we may also collect your location based information for the purpose of serving you location based services. We will only share this information with our mapping provider for the sole purpose of providing you this service. You may opt-out of location based services at any time by editing the setting at the device level.
As is true of most websites, we gather certain information automatically on our website. Our web server collects IP addresses to obtain certain aggregate information concerning the use of our website. An IP address is a number that is automatically assigned to your computer whenever you’re surfing the web. We do not link IP addresses to any personally identifiable information. Our web servers also collect information such as number of visits, average time spent on the site, operating system, date/tie stamp, files and pages viewed on our site (e.g., HTML pages, graphics, etc.) and/or clickstream data to analyze trends in the aggregate and administer the site. Newforma uses this information to analyze how people use our site and generate ideas on how the site might be improved.
For our mobile applications, we use mobile analytics software to allow us to better understand the functionality of our Mobile Software on your mobile devices. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We may link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.
The Use of Personal Information
Newforma may use the personal information you provide us for a variety of purposes, including registration, authentication and marketing. We may use the information to inform you of special offers, upgrades and other Newforma products and services that may be of interest to you. When you are a customer of Newforma products or services, we may use your personal information to contact you for a wide array of customer relation/customer service purposes, such as to inquire whether you intend to renew subscription agreements or other contracts with Newforma or to request that you respond to a survey concerning our products and services or to address a question regarding an order.
Certain Newforma partners provide training, implementation and work process consulting to our customers. We share personal contact information with these consultants when they are assigned to a particular customer or prospect.
Unless we inform you otherwise at the point at which we collect your information, we will not provide your personal contact information directly to a third party not otherwise described herein. If you do not wish to receive information about additional Newforma products or services or those of its partners and other companies, please let us know (contact information below) and we will respect your wishes. Emails we distribute describing offers we think may be of interest to you also contain instructions as to how you can opt-out of future emails or you may contact us directly at Privacy@Newforma.com
Newforma products are not marketed to children under the age of 13 and Newforma does not knowingly collect personal information from children under the age of 13. Newforma is committed to protecting the privacy of children and if Newforma becomes aware that such information was collected, it will treat that information as sensitive.
Newforma does not share your information with any third-party business partners, other than service providers (as described herein).
Newforma stores the personal data of website visitors and customers indefinitely and may transfer such information to, and maintain and process such information, directly or indirectly in one or more databases in the United States and elsewhere. We may hire other companies to provide services on our behalf that may involve the storage and use of your personal information, such as for delivering mailings or emails. Any such company or third party is required to maintain the confidentiality of that information and is prohibited from using that information for any purpose other than as authorized by us. If you provide personal information to Newforma, you agree and consent to Newforma’s storage and usage of this information anywhere that Newforma maintains offices (around the world), for a variety of purposes, including those described above.
We use commercially reasonable measures to protect the security of all information and, where possible, conform to industry best practices. For example, some information gathered on our website is encrypted during transmission with SSL encryption and stored within secure databases protected by multiple firewalls. As effective as current encryption and other security technology is, however, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that information which users supply will not be intercepted while being transmitted to us over the Internet. If you have any questions about the security of your personal information, please contact us at Privacy@Newforma.com
We may retain your information for as long as your account is active or as needed to provide services, comply with our legal obligations, resolve disputes and enforce our agreements.
Access/Updating Personal Information and “Opting Out”
Upon request, Newforma will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information, please contact us at Privacy@Newforma.com
Newforma wants to ensure that the information it collects is accurate. You may notify us of any change to your address, phone number, email address or other information by sending us an email message at:
or by notifying us in writing at:
1750 Elm Street, 10th floor
Manchester, NH 03104
Attn: Information Security
If at any time you wish to “opt out” of receiving information from Newforma or its partners or other companies, please notify us by sending us an email or written message to the addresses shown above or by emailing us at Privacy@Newforma.com. We will respond to these requests within a reasonable timeframe. Please note that due to lead times on certain mailings and other contacts, you may continue to receive mailings and other contacts while your “opt out” notification is being processed.
Section B. Public Lists and Community Sections of Website, including Newforma Discussion Forums and Privacy
Many Newforma users gain valuable professional and commercial exposure by being included in lists on the Newforma website or in a Newforma Customer Community that identify individuals who have recognized credentials or skills. Newforma makes this information available publicly to users of its website as a service to the individual. If you are eligible to be included in such a list but do not wish your personal information to be included, please contact Newforma at the location identified under the heading Updating Personal Information and “Opting Out” above, or in the alternative, please contact us at Privacy@Newforma.com
Newforma provides a Newforma Customer Community for use by its customers. Participation is voluntary and it is very likely that personal information will be exposed to other members of these discussion forums if you participate. Some users prefer to participate using pseudonyms, but company/business email addresses are required. Newforma takes no responsibility for maintaining the privacy of any personal information you make available to members of any Newforma supplied discussion forum. You are solely responsible for maintaining the secrecy of your passwords and similar information.
Section C. Third Party Sites and Privacy
Section D. Technical Support and Privacy
Information Collected in Connection with Technical Support and the Use of that Information
Generally, Newforma’s technical support group can obtain customer contact information via the serial number and registration data it maintains in its customer database. Newforma may use this contact information to respond to support inquiries and/or to request additional information from the customer. Occasionally Newforma must obtain files and/or model information to assist it in diagnosing a customer’s technical support issues. Any information provided will be treated as confidential and will only be used strictly for the purpose of resolving the open issues in question.
Newforma may also elect to share an unidentifiable subset of file information provided by a customer with a licensor of technology that is included in the Newforma product if Newforma considers that appropriate to assist it in diagnosing or resolving a customer problem. Newforma may also request permission from a customer to retain copies of specific customer files in the data set that it uses to conduct regression tests and other tests of later releases of the Newforma software.
Newforma Remote Desktop Access to Servers
In accordance with Newforma’s terms and conditions, customers may be asked to provide Microsoft Remote Desktop Access to servers running Newforma software. The Remote Desktop Web Connection is a high-encryption, Remote Desktop Protocol (RDP) 5.0 client and uses RSA Security’s RC4 cipher with a key strength of 40-, 56-, or 128-bit, as determined by the computer to which it is connecting. The Remote Desktop Web Connection uses the well-known RDP TCP port (3389) to communicate to the host. Most customers configure their Remote Desktop access so that only connections from Newforma’s IP address are allowed.
Newforma Remote Diagnosis
For those customers with difficult-to-diagnose issues, Newforma uses commercially available online meeting software such as GoToMeeting or WebEx that enables Newforma to view a customer’s computer remotely via the internet in real-time. This functionality is used only when authorized by the customer and while the customer is at the computer. The functionality enhances the customer’s ability to explain and “show” the problem being experienced. Newforma technical support personnel initiate an online meeting with a customer, enabling such personnel to either view or take control of the customer’s system. The customer retains full control of his or her system throughout the session. If at any time during this session the customer wishes to terminate the remote connection, the customer may do so and the Newforma technical support personnel will no longer be able to view or access the customer’s system. Newforma treats all information it receives during a remote support session as confidential and proprietary customer information received for technical support purposes (see Information Collected in Connection with Technical Support and the Use of that Information above).
Usage Feedback and Licensing Reporting
The Newforma products include a usage feedback and license reporting capability which sends reliability and usage information to Newforma via https. This data is used for support, quality, marketing, and product improvement purposes to help give Newforma an idea of the relative use of features within its products and to enable Newforma to track compliance with your current subscription license. The data does not include any information that could be used to re-create proprietary customer information. If you have any questions or concerns, please contact us as indicated above under the heading Updating Personal Information and “Opting Out”.
Section E. Additional Privacy Topics
Changes to this Policy
- by email at firstname.lastname@example.org
- by mail at Newforma Inc., 1750 Elm Street, 10th floor, Manchester, NH, 03104, Attention: Webmaster.
- by telephone at (603) 625-6212, ask for Webmaster.
We hope that this helps you understand Newforma’s practices with respect to the privacy of your personal and business information. The Newforma Team
(Latest Revision as of September 2016)