PRIVACY POLICY EFFECTIVE DATE: OCTOBER 30, 2014 - What's new Evernote values your privacy in your personal information and Content that you store in our Service. This Privacy Policy explains what information Evernote Corporation and its affiliated companies (together, “Evernote” or “we” and sometimes “us”) collect about you and why, what we may do with that information and how we handle your Content. WHAT IS THE SCOPE OF THIS PRIVACY POLICY? This Privacy Policy is incorporated into the Evernote Terms of Service and applies to the information obtained by us through your use of this website, the Service and other Evernote products and services, including the Evernote Market. Capitalized terms used in this Privacy Policy and not otherwise defined shall have the meanings provided for those terms in the Terms of Service. WILL THIS PRIVACY POLICY EVER CHANGE? As Evernote evolves, we may need to update this Policy to keep pace with changes in the Service, our business and laws applicable to us and you; we will, however, always maintain our commitment to respect your privacy. We will post any revisions to this Policy, along with their effective date, in an easy to find area of our web site, so we recommend that you periodically check back here to stay informed of any changes. We will ask for your consent to such changes if required by applicable law; in other cases, please note that your continuation of your Evernote Service account after any change means that you agree with, and consent to be bound by, the new Privacy Policy. If you disagree with any changes in this Policy and do not wish your information to be subject to the revised Policy, you will need to close your account. I. INFORMATION COLLECTION AND USE WHAT INFORMATION DOES EVERNOTE COLLECT ABOUT ME AND WHY? 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 Work Chat or shared Notes and Notebooks. To send you marketing emails and special offers, unless you opt-out as explained in the “Will Evernote Send Me Emails?” section below. Your name, image and other personal information, if you elect to share it To show in your user profile. The geographic area where you use your computing devices when you interact with the Service and the language you select To localize your interaction with the Service and improve our understanding of how users interact with the Service and the Market. To help you verify 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 our Service and products. Your device identifier To show you (on your account’s Access History page) which applications are authorized to access your Evernote Service account and date of last access. (We do this by combining your device identifier with a human-readable description of the device (e.g., “My iPad”) when you use your device to access our Service.) To allow you to redeem a promotional code (which may be included in a coupon, gift card or Evernote Points). To provide account support. To calculate anonymous, aggregate statistics on the number of unique devices using the Evernote Service. Together with purchase information, to assist us in evaluating our compliance with export laws. Your telephone number – but only if you elect to share it or link it to your account To enable two-step verification on your account. To enable other users to communicate with you through Work Chat. To show in your user profile. Your location and calendar information – but only if you elect to share it To enhance your Notes with location and calendar information. To show you relevant content to which you have access. Actions you perform in your account, including your use of certain product features and your storage of particular forms of Content (e.g., PDFs or JPGs), as well as the type of device and software you are using To administer the Service and improve the features and usability of the Service. To suggest to you Evernote features, products and services that can enhance your use of the Service. Non-personally identifiable information indicating your association with one of our business partners or promotions (if applicable) To determine the amount of revenue share payments to make to partners with whom we might have such arrangements and to provide anonymized aggregate reports. Payment information (if you purchase a Premium Service or an item from the Market) To process your payment. (In most cases, Evernote uses third-party payment processors and therefore has only limited information about your payment transactions) Additional information we collect in connection with Evernote Business accounts: Business name and name and email address of account creator To create and support your Evernote Business account. Billing information (i.e., address, email address and telephone number) To communicate with the Billing Contact on the account and provide account support. Email addresses of Business account Administrators and end users To support the Evernote Business account and communicate with account Administrators and end users. Employment-related personal information – if you elect to share it To show in your Evernote Business account user profile If you use our Web Clipper or Clearly browser extensions or "Save to Evernote" button: We collect Why we collect it A record of the source website from which you save content To record the source of your saved content (e.g., URL). 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, then when you visit certain websites it may notify you of available integrations with the Evernote Service or about products, services or features that we think will help you get more out of Evernote. The Web Clipper does not create a record of your browsing activity. If you visit Evernote.com: 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 the section below and our Cookie Information page Finally, when you access the Evernote Service or Evernote Market via an Evernote Software application, that application will request access to certain information on your computing device. For more information on these application permissions, please visit our Data Usage page. WHAT TRACKING INFORMATION DOES EVERNOTE COLLECT ABOUT ME OR MY DEVICES? Evernote uses cookies, tracking pixels and similar technologies on our Service to collect information that helps us provide our Service to you. We also use these technologies to help deliver ads for relevant Evernote products and services. For more information about these uses and your options, please visit our Cookie Information page. WHAT IS EVERNOTE’S APPROACH TO INFORMATION COLLECTED FROM CHILDREN? Evernote does not knowingly collect personal information from children without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from children without such consent, we will promptly delete it. For more information on Evernote’s approach to children’s use of the Service and our compliance with the US Children’s Online Privacy Protection Act (“COPPA”), please see the section of our Terms of Service entitled, "Can Kids Use Evernote?" WILL EVERNOTE CONTACT ME? From time to time, we may want to contact you via email with information about product announcements, software updates and special offers. We also may want to contact you with information about products and services from our business partners. We consider your acceptance of this Privacy Policy as your acceptance of our offer to send you these emails. You may opt out of such communications at any time by clicking the "unsubscribe" link found within Evernote email updates or by logging into your Evernote Service account via our web site at www.evernote.com and going to Settings > Personal Settings > Contact Preferences and changing your contact preferences. You will continue to receive essential Service-related and account-related information, even if you unsubscribe from promotional emails. In addition, if someone uses Work Chat to contact you at an email address or telephone number not associated with your Evernote account or through a social media site (e.g., Facebook or LinkedIn) that you have not linked to your Evernote account, then Evernote will contact you on the sender’s behalf using that contact method. II. INFORMATION ACCESS AND DISCLOSURE DOES EVERNOTE SHARE MY PERSONAL INFORMATION OR CONTENT? Evernote is not in the business of selling or renting your information. We only disclose your information - and then only the minimum information necessary - when: We have your explicit consent to share the information. We need to share your information with service providers who process data on our behalf in order to operate the Service and/or complete your payment transactions; and these providers are subject to strict data protection requirements. We need to share your information with service providers to fulfill your product or service requests, including sales, delivery and support for certain products from the Evernote Market. We need to share your information with resellers of a Premium Service or product in order to ensure accuracy in the payment for such Premium Service or product, the management of your account and the delivery of your purchase and related support services. We believe it is necessary to investigate potential violations of our Terms of Service, to enforce those Terms of Service, or where we believe it is necessary to investigate, prevent or take action regarding illegal activities, suspected fraud or potential threats against persons, property or the systems on which we operate the Service. We determine that the access, preservation or disclosure of information is required or permitted by law to protect the rights, property or personal safety of Evernote and users of the Service, or is required to comply with applicable laws, including compliance with warrants, court orders or other legal process. We do so in connection with the sale or reorganization of all or part of our business, as permitted by applicable law. Some third parties’ embedded content or plugins on the Service, such as Facebook “Like” buttons on Evernote.com, may allow their operators to learn that you have visited our website, and they may combine this information with other, identifiable information they have collected about your visits to other websites or online services. For more information with additional examples, see the “Social Media Features” section of our Cookie Information page. We do not share your account information or user activity history with third parties for the purpose of enabling them to deliver their advertisements to you. 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. WHAT INFORMATION DOES EVERNOTE SHARE WHEN I SHARE NOTES OR USE WORK CHAT? Evernote has a number of collaboration features, and when you use these features to collaborate with other Evernote users, some of the personal information you provide to Evernote, including your status as an Evernote user, may be visible to these other Evernote users: If you share a Note or Notebook, or if you join a shared Note or Notebook, then anyone who has access to that Note or Notebook may see your user profile. (If you have not added any profile information, then you will be identified solely by the email address associated with your Evernote Account.) If you initiate or respond to a Work Chat message, then the person with whom you are chatting will be able to view your profile. In a group Work Chat where you are a recipient of a message but you have not responded, only other Evernote users you are connected to will see your user profile. Other people in the group chat will only see the information the sender used when sending you the Work Chat message (e.g., email address or telephone number). If you are an Evernote Business user, other members of your Business account will see your full Business account profile. But Evernote users who are not in your Business account will only see your profile name and image. In addition, anyone who has access to a shared Notebook will be able to see – for each Note in that Notebook – the Note contents, information about where and when the Note was created, as well as the Note history, tags and reminders associated with a particular Note. But when Notes are shared via Work Chat, people with access to the Note will only see the Note contents, plus information about where and when the Note was created. WHAT GETS SHARED WHEN I USE THIRD PARTY APPS WITH MY EVERNOTE ACCOUNT? Some third-party applications and services that work with our Service may ask for permission to access your Content or other information about your account. Those applications will provide you with notice and request your consent in order to obtain such access or information. Please consider your selection of such applications and services, and your permissions, carefully. We encourage you to review each party’s privacy policy. To learn more about some of these applications and what data they may access, visit our Third Party Application Permissions page. DOES EVERNOTE ACCESS OR REVIEW MY NOTES? As a rule, Evernote employees do not monitor or view your personal information or Content stored in the Service, but it may be viewed if we believe our Terms of Service have been violated and confirmation is required, if we need to do so in order to respond to your requests for support, or we otherwise determine that we have an obligation to review it as described in our Terms of Service. Your Notes also may be viewed where necessary to protect the rights, property or personal safety of Evernote and its users, or in order to comply with our legal obligations, such as responding to warrants, court orders or other legal process. We vigilantly protect the privacy of your account contents and, whenever we determine it possible, we provide you with notice if we believe we are compelled to comply with a third party’s request for information about your account. Please visit our Information for Authorities page for more information. With our Context feature, the Evernote Service uses a number of technologies to show you relevant content. The content we show you may include Notes from your own account, Notes from accounts you are connected to through Evernote Business or Work Chat, and third party content that you have elected to receive. We believe features like these, which work automatically without any person at Evernote reviewing your Content, will enhance your experience using the Service. Context is turned on by default in applications where the feature is offered, but you can choose to turn it off. Context appears as "related results" in our Web Clipper, a feature which is turned on by default for our Business users. In addition, by detecting certain actions you take in your account (such as emailing Content into your account) or specific attributes associated with your Notes (such as whether your Notes contain PDFs or image files, or which application you use to create Notes), we may suggest Evernote Products or Service features to you that we think will help you get the most out of our Service. We do not read or share the Contents of your Notes with anyone for any advertising purposes. DOES EVERNOTE EVER MAKE ANY OF MY PERSONAL INFORMATION OR CONTENT PUBLIC? No. Note, however, that certain portions of the Evernote web sites and Service, such as user notebooks designated as "public" and our user forum, are open to any online viewer. Any information that you post in these locations can be read, collected and used by anyone and could enable others to send you unsolicited messages. Evernote enables you to determine whether or not 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 Personal Information you choose to post in these locations. III. DATA STORAGE AND TRANSFER WHERE IS MY DATA STORED? When you use Evernote Software on your computing device, such as by using one of our downloadable clients, Content you save will be stored locally on that device. When you sync your computing device with the Service, that Content will be replicated on our servers, which are located in the United States. Please be aware that Personal Information and Content submitted to Evernote will be transferred to a data center in the United States. If you post information to the Evernote sites you are confirming your consent to such information, including Personal Information and Content, being hosted and accessed in the United States. Data privacy laws or regulations in your home country may differ from those in the United States, but Evernote complies with the US-EU Safe Harbor Framework and US-Swiss Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use and retention of personal information collected not only from those users residing in the European Union and Switzerland, but from all our users. We have certified that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. To learn more about the Safe Harbor programs, and to view our certification page, please visit http://www.export.gov/safeharbor/. A SPECIAL NOTE TO USERS IN THE EUROPEAN UNION AND SWITZERLAND If you live in Switzerland or the European Union, please note that not only is Switzerland-based Evernote GmbH the data controller for all information associated with your Evernote Service account, but Evernote GmbH is also the data controller for any payment, order, shipping and other information you provide when you purchase an item from the Evernote Market, even though such orders will be placed with and fulfilled by U.S.-based Evernote Corporation, as described in our Commercial Terms. A SPECIAL NOTE TO CUSTOMERS IN JAPAN If you live in Japan, please note that Evernote GmbH is the data controller for all information associated with your Evernote Service account, but Evernote GmbH also has contractual relationships with third party resellers for the Japan market permitting joint use of your personal information with such third parties (including addresses, names, telephone numbers, email addresses, credit card information, as well as the details of shopping transactions in Evernote Market, subscriptions for a Premium Service and related customer support inquiries). Information about our Japan reseller for the Evernote Market may be found at our Evernote Market FAQ. Information about our Japan reseller for a Premium Service will be provided to you as part of a contract such reseller will provide to you. HOW CAN I ACCESS OR CORRECT INFORMATION EVERNOTE HOLDS ABOUT ME? If you wish to (i) access any Personal Information that we hold about you; (ii) request that we correct or delete the Personal Information that we hold about you; or (iii) request that we not use or stop using your Personal Information for marketing purposes, you may contact us at compliance AT evernote DOT com. We will comply with such requests to the extent required by law or our policies, and subject to any limitations in our systems. HOW SECURE IS MY DATA? Evernote is committed to protecting the security of your information and takes reasonable precautions to protect it. We use industry standard encryption to protect your data in transit. This is commonly referred to as transport layer security (“TLS”) or secure socket layer (“SSL”) technology. However, Internet data transmissions, cannot be guaranteed to be 100% secure, and as a result, we cannot ensure the security of information during its transmission between you and us; accordingly, you acknowledge that you do so at your own risk. Once we receive your data, we protect it on our servers using a combination of administrative, physical and logical security safeguards. The security of the information stored locally in the Evernote Software installed on your computing device is dependent upon you making use of the security features on your device. We recommend that you take the appropriate steps to secure all computing devices that you use with our applications and Service. Evernote also provides you with the ability to encrypt segments of text within any given note. You can learn how to encrypt text by reviewing this Knowledge Base article. Please note, however, that Evernote does not have the ability to decrypt encrypted contents, so we won’t be able to help you recover encrypted contents if you forget the passphrase you used for encryption. If Evernote learns of a security system breach, we may attempt to notify you and provide information on protective steps, if available, through the email address that you have provided to us or by posting a notice on our web site. Depending on where you live, you may have a legal right to receive such notices in writing. IV. INFORMATION DELETION WHAT HAPPENS IF I WANT TO STOP USING EVERNOTE? You can delete Note Content at any time, and you can stop using the Evernote Service at any time. If you deactivate your account, the Content in your account will not be deleted unless you purposely delete that information, and sync your account before you deactivate your account. Learn how to delete your Content here. Learn how to remove your account and account credentials here. If you delete information and material from a notebook and then sync your account, it will no longer be accessible to you or others who may access the Service, but residual copies of your deleted Content may continue to exist on the Evernote Service’s back-up and archiving systems for up to one year due to the nature of those systems’ operations. If you delete your copy of a Work Chat message, this action can't be undone. Please note that deleting your copy of a Work Chat message from your own Evernote account won’t delete those messages from the accounts of the people with whom you were chatting. WHAT HAPPENS IF EVERNOTE CLOSES MY ACCOUNT? If Evernote deactivates your Service account due to a Terms of Service violation, then you may contact Evernote to request deletion of your data, and Evernote will evaluate such requests on a case by case basis, pursuant to our legal obligations. V. CONTACT US 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 compliance AT evernote DOT com or postal mail at: Evernote Corporation 305 Walnut Street Redwood City, California 94063 USA Attention: Legal Department Evernote Gmbh Walchestrasse 9 8006 Zurich, Switzerland Attention: Legal Department Evernote Do Brasil Servicos De Aplicacoes Ltda Avenida Paulista, no 2.300 Andar Pilotis Edifício São Luiz Gonzaga CEP: 01310-300, São Paulo/SP Attention: Legal Department
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