In order to comply with CAN-SPAM Acts and other email marketing laws, we have been including a link to our privacy policy using Rich Text in our forms. The issue is that rich text can't be dragged below progressive profiling. So our forms have to either have PP fields below the Privacy Policy or the Privacy Policy link has to be a part of progressive profiling (which is not best practice.)
I think put in a Marketo Support case and they said the only resolution is custom JQuery. This seems like a simple enough request that shouldn't require customization.