PLEASE VIEW OUR NEW PRIVACY POLICY, WHICH WILL BECOME EFFECTIVEEFFECTIVE DATE: MAY 25,2018. EFFECTIVE DATE: JULY 3, 20172018 – WHAT’S NEW >> RETURN TO PRIVACY CENTER INTRODUCTION As we state inour 3our 3 Laws of Data Protection, we are committed to protecting the privacy of your data. This Privacy Policy explains more specifically what information Evernote Corporation and its Group Companies (together, “Evernote,” “we” or “us”) collectand receivefrom Account Holders and End Users (“you”) through Evernote’s websites and applications, which we refer to collectively as “the Service.” The Service includes the Evernote Software. Please note, if you use Evernote Basic, Plus, or Premium, you are both the Account Holder and End User of an Evernote service account. If you use Evernote Business, the Account Holder is the Customer who has contracted with Evernote as defined in our Evernote Business Agreement and the End Users are the individuals whose user accounts are linked to that Evernote Business account. You can find these and other defined terms used in this policy in our Glossary at the end of this page. Although significant changes are rare, this policy may be amended as new features, technology, or legal requirements arise, so please check back from time to time. We’ll notify you if we make a significant change and, where required, seek your consent. WHAT INFORMATION DOES EVERNOTECOLLECT AND RECEIVE?COLLECT? We built Evernote to help you remember and organize your ideas, thoughts, and memories. That means you can input, upload, or store in Evernote any text, images, and other data that youchoose (collectively, “Content”).choose—we refer to that information as“Content”. We also collect and receive the following types of information: BASIC SUBSCRIBER INFORMATION. To open your account and process payments, we collect and receive basic information like your email address and, depending on how you purchase a subscription to Evernote Plus, Evernote Premium or Evernote Business (each a “Paid Service”), your billing address and other payment information.LOG DATA. When you use Evernote, weUSAGE DATA. We collect and log datato understandon how you and others access and usethe Service, as well as information about actions you take when using the Service (such asEvernote, for example, the act of creating a note or sharing anote). This includes the use ofnote. Usage data may be collected through cookies,tracking pixels,and similaranalytics technologies, as describedtechnologies. For morefully in our Cookie Information page. This information helps us provide the Service to you, learninformation, including howthe Service is used, and identify and suggest ways we can make the Service more usefultoyou.opt-out, visit our Cookie Information page. LOCATIONINFORMATION. WeINFORMATION. We collect the IP address you use to connect to the Service, and — if you choose to share it — your location information from a mobiledevice. This helps us localize the Service for you and, depending on your location settings, allows us to show you relevant content accessible from your account.device. DEVICEINFORMATION. WeINFORMATION. We collect information about the number and type of devices you use to connect to the Service, as well as information about the operating systems on those devices (e.g., iOS, Android,Windows) to ensure the Service works as expected for you.Windows). Learn more about information our applications collect from your device onour Dataour Data Usage page. We also may link your subscriber information with data we receive from our partners and other third parties to help understand your needs and provide you with a better experience. For example, if you create or log into an Evernote account using your Google Apps credentials via single sign-on, we will have access to certain information such as your name and email address as authorized in your Google Apps profile settings. We’ve listed the types of information we collect and receive more specifically in the chart below. Generally, we collect this information to support your account and to help us understand how you use the Service so we can make it better. We have noted which types of information are not collected unless you choose to provide it. If you register for or maintain an Evernote service account: WE COLLECT WHY WE COLLECT IT Your username, email address, and contact preferences To create and support your Evernote Service account. To communicate with you. To enable other users to collaborate with you through Collaboration Features (such as shared Notes and Notebooks). In accordance with your communication preferences, to send you information about Evernote features, products, and services that can enhance your use of the Service. To verify your email address to help prevent spam, fraud, and abuse. Your name, image, and other personal information, if you choose to share it To display in your user profile, which may be visible to those with whom you share Content. The geographic area from which your computing devices interact with the Service, your preferred language, and, if you select the option to share it, your mobile device location information To localize your interaction with the Service by, for example, displaying web pages or user interfaces in your preferred language, showing you website content or pricing information appropriate to your location, and improving search by filtering results by location. To help you monitor use of your account: We make recent IP address history available to you through your account settings. To assist us in complying with legal restrictions that may limit the permissible use of the Service. To enhance your Content with location information. To help you discover relevant content. Your device information To show you (on your account’s Access History page) which of your devices you have authorized to access your Evernote service account and when you last accessed the Service from each device. To inform our product development and marketing efforts, including our targeted advertising as described on our Cookie Information page. To allow you to redeem a promotional offer. To provide account support. Together with purchase information, to help us comply with export laws. Your telephonenumbernumber, if you choose to share it To help prevent spam, fraud, and abuse. To enable two-step verification to provide an additional layer of security for your account. To enable other users to communicate with you through Collaboration Features. To show in your user profile, if you choose. In accordance with your communication preferences, to send you information about Evernote features, products, and services that can enhance your use of the Service. Your calendar information, only if you select the option to share it To enhance your notes with calendar information. To show you relevant Content to which you have access. Actions you perform when using the Service (e.g., creating a note or sharing a note) To administer the Service and to improve the features and usability of the Service. To suggest Evernote features, products, and services that can enhance your use of the Service. To provide account support. Whether your account was created or referred through a reseller or other partner who helps distribute or promote Evernote accounts To determine the amount of revenue share payments to make to partners with whom we might have such arrangements and to provide aggregated and anonymized revenue share reports. These partners could include resellers or distribution partners. Your payment information, if you purchase a subscription To process your payment. In addition to the information above, there are certain cases where we receive or collect supplemental information, as outlined below. Additional information we collect in connection with Evernote Business accounts: WE COLLECT WHY WE COLLECT IT Organization name and email address of Account Holder and End Users To create and support the Evernote Business account. To communicate with the Account Holder and End Users of the Business account in accordance with communication preferences. To enable Account Holder and End Users of a Business account to use Collaboration Features. To verify Account Holder’s and End Users’ email addresses to help prevent spam, fraud, and abuse. Billing information (e.g., postal address, email address, and telephone number) To communicate with the Billing Contact on the account and provide account support. Employment-related personal information (e.g., your business title) – if you elect to share it To show in your Evernote Business account user profile if you choose. If you use our Web Clipper browser extension or "Save to Evernote" button: WE COLLECT WHY WE COLLECT IT A record of the source website from which you save Content To record in the note created by the Web Clipper the source of the material you’ve chosen to clip (e.g., the URL) for your future reference. This source-recording functionality will not be affected by your browser’s do-not-track settings. Please Note: If you have installed the Web Clipper, when you visit certain websites the Web Clipper may notify you of available integrations with the Service or about products, services or features that we think will help you get more out of the Service. THE WEB CLIPPER DOES NOT TRACK OR CREATE A RECORD OF YOUR BROWSING ACTIVITY. If you visit an Evernote website: WE COLLECT WHY WE COLLECT IT Your email address (if you provide it) To help you create an Evernote service account. To communicate with you. Tracking information Please see our Cookie Information page HOW DOES EVERNOTE USE MY INFORMATION? We have specific rules for how and when we use the information we collect and receive. We describe these below. WHAT DOES EVERNOTE DO WITH MY INFORMATION? We are committed to protecting the privacy of your information. Below, we describe the ways in which we use the information we collect and receive to provide, maintain, and improve the Service; to provide troubleshooting and customer support; to protect the Service for all our users; to contact you; and to administer Evernote Business accounts. We use a number of technologies to help you get the most out of the Service. Our systems automatically analyze your data to power Evernote features and to continually improve the Service for you in a way that does not require anyone to look at your Content. This may include, for example: Making sure you find what you’re looking for when you search your account. Showing you information most relevant to how you are or could be using the Service at a specific time or location. Suggesting actions for you to take based on information you’ve stored. Suggesting Evernote service features or products to you that we think will help you get the most out of our Service. For Evernote Business users, recommending people for you to collaborate with. To provide troubleshooting and customer support, our Customer Support team may need to access your information, such as your account email address and information about the Evernote application you are using, subject to the protections described below. As part of our efforts to protect your account and the functionality of the Service, our systems may analyze the emails you send to and from your Evernote account and the notes you share to detect spam, malware, or other potential security concerns. If we determine that such material constitutes a Terms of Service or User Guidelines violation, we may block delivery of or unshare the problematic material, much like a spam filter works for your email inbox. Learn more about steps you can take to protect your account, such as using strong passwords, two-step verification, and encryption. In accordance with your communication preferences, we’ll occasionally contact you to announce new products and features we build for you, share tips for using Evernote to get more done, make special offers, and provide information about how Evernote works with products and services from our business partners. You may opt out of promotional communications at any time by following the opt-out or “unsubscribe” instructions provided in emails or by logging into your Evernote service account via our web site at www.evernote.com and going to Settings > Personal Settings > Contact Preferences to change your contact preferences. You can also change your in-app notification preferences through your device settings. You will continue to receive essential Service-related and account-related information (such as notification that your paid subscription is about to expire), even if you unsubscribe from promotional emails or turn off in-app notifications. Evernote Business users will also continue to receive a daily summary of activity associated with their Business account. Similarly, if we learn of a security system breach, we may attempt to notify you and provide information on protective steps, if available, through the email address, phone number or other contact information that you have provided to us or by posting a notice on our web site and/or via other communication platforms. Depending on where you live, you may have a legal right to receive such notices in writing. If you are an End User of an Evernote Business account, please note that the Account Holder of your Evernote Business account (such as your employer or organization) may have established its own rules regarding End Users’ access, use, disclosure, or retention of data stored in that account. Also note that while an Administrator of an Evernote Business account has access to the End User accounts linked to that Evernote Business account, an Administrator cannot access an End User’s personal Evernote account. You can find more information on how your personal Evernote service account works with your Evernote Business account here. WOULD SOMEONE AT EVERNOTE EVER VIEW MY CONTENT? You have control over who sees your Content. We limit the use of your Content to make sure that no one at Evernote can view it unless you expressly give us permission or it’s necessary to comply with our legal obligations. Specifically: To help refine or improve the technology, we may ask you for permission to review portions of your Content. For example, if a new feature suggests related notes that are relevant to your Content, we may give you an opportunity to provide us feedback on how well the feature is performing along with a sample of the Content in question, so we can make sure this feature provides appropriately tailored suggestions. Such access to your Content is done only with your express permission and is subject to strict confidentiality rules and data access controls. Choosing to give us such permission is completely voluntary. If you contact our Customer Support team for help with specific pieces of Content in your account (for example, if you can’t find a note you believe should be in your account), we may ask for your temporary permission to look at your Content. This permission terminates when the issue is resolved. If you send Evernote an error report and choose to attach application activity logs, please note that such logs may contain Content (for example, the title of a note or notebook). You may edit Content out of your activity logs before you send them to us. If we become aware of a potential violation of our a Terms of Service or User Guidelines, we may suspend or close your account until the problematic material is removed. Under such a circumstance, we would only look at the Content in your account if you give us consent or if necessary to comply with our legal obligations, including to protect the safety of you or any other person. To test and improve our product offerings for our users, we use aggregated data that does not contain any personal information, does not identify any person, and cannot be connected to any specific user. This policy is not intended to apply to such anonymized/de-identified data. HOW DOES EVERNOTE SHARE OR DISCLOSE MY INFORMATION? Evernote is not in the business of selling or renting your information. Here are instances when we may disclose your information — and then only the minimum information necessary: We share your information with Service Providers who process data on our behalf, such as credit card processors and customer management systems. For example, these Service Providers help us: Operate, develop, and improve the features and functionality of the Service Complete your payment transactions Fulfill your sales and support requests Communicate with you as described elsewhere in this policy We require these providers to agree to strict data protection requirements in keeping with our privacy policystandardsstandards, the European Union's General Data Protection Regulation ("GDPR"), and our commitments under our EU-US Privacy Shield and Swiss-US Privacy Shield certifications as discussed below.Examples of our service providers include PayPal and Adyen for processing payments from our paid users, Salesforce for helping us with our email communications and Evernote Business sales outreach, and analytics providers like Google Analytics. Other service providers include resellers thatYou can view the vendors wework withuse to helpdistribute Evernote. If you purchase a Paidus provide the Servicefrom a reseller instead of directly from Evernote, we may need to share limited information with the reseller to ensure accuracy in payment, account management, and delivery of services to you.on our Vendors page. We do not share your information with any third parties for their own advertising purposes. Examples of our service providers include PayPal and Adyen for processing payments from our paid users, Salesforce for helping us with our email communications and Evernote Business sales outreach, and analytics providers like Google Analytics. Other service providers include resellers that we work with to help distribute Evernote. If you purchase a Paid Service from a reseller instead of directly from Evernote, we may need to share limited information with the reseller to ensure accuracy in payment, account management, and delivery of services to you. Your Content is private unless you decide you want to share it. You may choose to share using public links or through any of the Service’s features that allow you to share or collaborate on Content (“Collaboration Features”). If you choose to share, we may need to take steps to facilitate your collaboration. There are features in Evernote that allow you to publish and share some of your notes and notebooks publicly, but these are optional. Any information that you post in these locations, or in our user forum, can be read, collected, and used by anyone and could enable others to send you unsolicited messages. Evernote enables you to determine whether to post personal or otherwise sensitive information to publicly accessible areas of our site, so you should carefully consider how you use the Service. Evernote is not responsible for any publication or use of any information you choose to post in these locations. When you use Collaboration Features, people you share with may see your user profile. If you have not added any profile information, then you will be identified by the email address associated with your Evernote service account. If you are an Evernote Business user, other members of your Evernote Business account will see your full Evernote Business account profile. Evernote service users who are not in your Evernote Business account will only see your profile name and image. In addition, when you use Collaboration Features, the information you share is no longer private to you. For example, by publishing or sharing any portion of your Content, you may be enabling each recipient of the shared material to access, use, display, perform, distribute, and modify that material. In addition, Evernote enables you to use a variety of third-party services and applications that interact with the Service, and you should review the access rights you provide to those services or applications, as you may enable them to access or extract your Content through your agreements with those parties. More information on the nature of these permissions may be found on our Third Party App Permissions page. Depending on the permission levels you set when sharing Content, anyone who has access to the shared material may be able to see the Content, information about where and when the Content was created, as well as the note history, tags, and reminders associated with a particular note. In the event of a merger, sale, or reorganization of all or part of our business, information covered by this policy may be transferred in connection with that deal. As described on our Cookie Information page, we contract with third-party advertising networks in order to deliver relevant Evernote advertisements to you across the Internet and to manage our communications with you. We do not use your Content for these purposes. In addition, we may share with partners or Service Providers a hashed identifier to serve you relevant Evernote ads when you visit partners’ and providers’ websites, applications or platforms. We may, for instance, participate in theWHAT HAPPENS IFA NOTE FOR OUR EUROPEAN USERS ABOUT OUR DATA PROCESSING GROUNDS AND DATA ACCESS RIGHTS The European Union's GDPR requires that we provide notice in a specific way to our European users about their privacy rights. We process Account Holder or End User personal information on one of three grounds, depending on the circumstances: (i) your affirmative consent, in which case you will have the right to withdraw consent at any time; (ii) contractual necessity; or (iii) our legitimate interest in providing the Service. In addition, we are required to list the data access right available to all users in a specific way. YOUR RIGHTS WHAT DOES IT MEAN FOR YOU? Right to access You can request Evernote to provide you with information on how we collect, use, and store your personal information, including provide you with a copy of your personal information we store in Evernote. Right of rectification You can request that we correct certain inaccurate information if you are no longer using the Service. For more information, see the section: "What happens if IWANT TO STOP USING EVERNOTE?want to stop using Evernote?" Right to data portability You can export your information from Evernote to a competing service. See our Third Law of Data Protection for more information. Right to object You can object to the processing of your information in certain cases, as well as request that Evernote not use your personal information for direct marketing purposes. Direct marketing includes emails which help us keep you informed about the latest improvements to our Service. See our Help and Learning page on opting-out for more information. HOW LONG DOES EVERNOTE STORE MY INFORMATION?You can deleteEvernote's mission is to help you remember everything important in your life. In order to do that, we make the Contentat any time, andyoucan stop using the Evernote service at any time. And as we promisestore inour third law of data protection, your data is portable. You can export your notes at any time, as explained here.Evernote readily accessible to you, until you make the decision to delete it. If you delete your Content and then sync, it will no longer be accessible to you or others who may access the Service. The Evernote service’s back-up systems may retain residual copies of your deleted Content for up to one year due to the nature of those systems’ operations. Evernote provides you with features that allow you to communicate and collaborate with other users. Please note that deleting your copy of these communications (such as messages) won't delete copies existing in the accounts of people you were interacting with. For users who are inactive for extended periods of time, we may close your account to satisfy our obligations under applicable law, and in accordance with our data retention policy. If that happens, we will try to notify you before taking any action. WHAT HAPPENS IF I WANT TO STOP USING EVERNOTE? As described above, you can delete your Content at any time, and you can stop using the Evernote service at any time. And as we promise in our third law of data protection, your data is portable. You can export your notes at any time, as explained here. WHAT HAPPENS IF EVERNOTE CLOSES MY ACCOUNT? If Evernote deactivates your account due to a TOS violation, then you may contact us to request deletion of your Content, and we will evaluate such requests on a case by case basis, pursuant to our legal obligations. WHERE DOES EVERNOTE STORE MY INFORMATION? When you use Evernote Software on your computing device, such as by using one of our downloadable applications, some of your data will be stored locally on that device. When you sync your computing device with the Service, that data will be replicated on servers maintained in the United States. This means that if you store information in or submit data to the Evernote website or Evernote Software and sync such Evernote Software with the Evernote service, you acknowledge your personal information will be transmitted to, hosted, and accessed in the United States. Data privacy laws or regulations in your home country may differfromfrom, or be more protective than, those in the United States. We will collect, store, and use your personal information in accordance with this Privacy Policy and applicable laws, wherever it is processed. WHICH EVERNOTE COMPANY IS MY DATA CONTROLLER? If you live in Brazil, your data controller is Evernote do Brasil Serviços de Aplicaçōes Ltda. (“Evernote Brasil”). If you live in the United States and Canada, your data controller is Evernote Corporation (headquartered in California). If you live anywhere else, your data controller is Switzerland-based Evernote GmbH. HOW DOES EVERNOTE COMPLY WITH DATA TRANSFER RULES? If you are a resident of the European Economic Area (“EEA”) or Switzerland, please note that we use standard contractual clauses approved by the European Commission to transfer your personal Information from the EEA or Switzerland to the United States and other countries. In addition, Evernote Corporation has certified its compliance with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from EU member countries and Switzerland. The following statements apply to both the personal information Evernote Corporation receives from individuals or data controllers in the European Union and Switzerland, and the procedures discussed may be used by individuals from the EU and Switzerland. The Evernote Corporation has certified that in respect of all personal information it receives from the European Union and Switzerland in reliance on the Shield, it will adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfers, Security, Data Integrity & Purpose Limitation, Access, and Recourse, Enforcement and Liability. To access the Privacy Shield List and to find details of our certification, please visit: https://www.privacyshield.gov/list. If we ever need to use your personal information for a purpose that is materially different to the purposes we collected it for or that you later authorize, we will notify you and provide you with the opportunity to opt-out. Under the Privacy Shield, Evernote Corporation will remain liable if its third-party service providers process your personal information in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage. Residents of the European Union or Switzerland who believe that their personal information has not been processed in compliance with the Privacy Shield Principles may raise their complaint in the following ways: You can contact Evernote Corporation directly using the details in the "How can I contact Evernote?" section in our Privacy Policy. We will respond to your complaint within 45 days of receipt. We have further committed to refer unresolved privacy complaints under the Privacy Shield to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive a timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by us, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information about the scheme. This JAMS service will be provided to complainants free of charge. To file a complaint directly with JAMS, go here: https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim For residual disputes that cannot be resolved by the methods above, you may be able to invoke a binding arbitration process under certain conditions. To find out more about the Privacy Shield's binding arbitration scheme, please see: https://www.privacyshield.gov/article?id=ANNEX-I-introduction. You may have the right to access personal information that we hold about you and request that we correct, amend, or delete it if it is inaccurate or processed in violation of Privacy Shield. Please contact us, as provided above, to make such a request and we will consider it in accordance with the Privacy Shield's Principles. The Federal Trade Commission has investigation and enforcement authority over our compliance with the Privacy Shield. Please note that we may disclose personal information to respond to subpoenas, court orders, legal process, or government requests (including in response to public authorities to meet national security or law enforcement requirements). HOW CAN I CONTACT EVERNOTE? Evernote welcomes your feedback regarding this Privacy Policy. If you have questions, comments or concerns about this Policy, please contact us by email at privacy@evernote.com or postal mail at: EVERNOTE CORPORATION 305 Walnut Street Redwood City, California 94063 USA Attention: Privacy Team EVERNOTE GMBH Walchestrasse 9 8006 Zurich, Switzerland Attention: Privacy Team EVERNOTE DO BRASIL SERVIÇOS DE APLICAÇÕES LTDA. Avenida Paulista,2300no 2.300 Andar Pilotis Edifício São Luís Gonzaga CEP: 01310-300 SãoPaulo, SPPaulo/SP BrasilATN: Equipe de PrivacidadeAttention: Privacy Team GLOSSARY ACCOUNT HOLDER means the person or entity who has contracted with Evernote as either an individual Basic, Plus, or Premium user or as a Customer as defined in our Evernote Business Agreement. COLLABORATION FEATURES means any of the Service’s features that allow you to share or collaborate on Content. CONTENT means the text, images, and other data you choose to input, upload, and store in Evernote. END USER means the individual who uses an account on the Evernote service. EVERNOTE (or sometimes “we” or “us”) means Evernote Corporation and its affiliated companies that also act as data controllers: Evernote GmbH and Evernote Do Brasil Servicos de Aplicaçōes Ltda. EVERNOTE SERVICE means the Evernote Software (as defined below) and other products, services and websites hosted or made available by Evernote, including our downloadable applications, App Center, User Forum, and Help & Learning pages. EVERNOTE SOFTWARE means the software hosted on Evernote’s servers and the software we make available to be deployed by you or a third party to enable capturing of Content originating outside the Service, such as Evernote Scannable or Evernote Web Clipper or any of the Evernote software applications for compatible computing devices that enable access and use of the Service through such device GROUP COMPANIES means Evernote Corporation and its wholly owned subsidiaries, which include Evernote GmbH and Evernote do Brasil Serviços de Aplicaçōes Ltda. PAID SERVICE means Evernote Plus, Evernote Premium, Evernote Business, and any other Evernote offering for which we collect payment (in the form of currency, Evernote points, coupon codes). In the event of a conflict, the English language version shall govern.
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