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Effective Date: February 14, 2014

Smarsh, Inc. (including our affiliated entities) has adopted this “Privacy Policy” which governs our use of personal information collected through our corporate website www.Smarsh.com (the “Site”), personal information we receive from third party sources, like through lead generation tools, data providers or social media platforms (“Third Party Sources”), at tradeshows, conferences or conventions, and personal information we received from our customers through their use of our archiving platform. This Privacy Policy does not apply to individuals our customers correspond with, any third party services, third party websites or third party platforms (such as social network platforms), or to our employees. This Site, and the Smarsh services, are not directed at children. Smarsh does not knowingly collect personally identifiable information from children under 13 years of age.

This Privacy Policy is organized into two sections, the first section applies to information we collect through the Site or from Third Party Sources, and the second section applies to the information we collect via our archiving platform.

We reserve the right to make changes to this Privacy Policy. We will post any changes to the Privacy Policy on this page (including material changes). Your continued use of the Site or provision of information through Third Party Sources after the changes are posted constitutes your agreement to the changes. If you do not agree to the changes, please discontinue your use of the Site or interacting with us through Third Party Sources.

Privacy Programs

Smarsh has been awarded TRUSTe’s Privacy Seal signifying that this Privacy Policy and its practices have been reviewed by TRUSTe for compliance with TRUSTe’s program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program covers information collected on our site www.smarsh.com and through our archiving platform. The use of information collected through our service shall be limited to the purpose of providing the service for which the customer has engaged Smarsh.

logo-truste-newSmarsh complies with the U.S. — EU and U.S. — Swiss Safe Harbor Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from EU member countries and Switzerland.  Smarsh has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, or to view Smarsh’s certification, please visit http://www.export.gov/safeharbor/.

Complaints

If you have questions or complaints regarding our Privacy Policy or practices, please contact us at legal@smarsh.com or to Smarsh, Inc., ATTN: Legal, 921 SW Washington Street, Ste. 540, Portland, OR 97205. If you are not satisfied with our response you may contact TRUSTe at: http://watchdog.truste.com/pvr.php?page=complaint.

Section 1: The Site and Third Party Sources

By using the Site, or by interacting with us through Third Party Sources, you consent to the collection, use and disclosure of information by Smarsh as specified in this Section 1.

A. Information We Collect

We may collect the following kinds of information:

  • Information You Provide Us: You may provide us with your name, email address, address, company, country, phone number, job applicant information or additional information. You may provide this information to us by completing a form or survey, submitting a request for information or content, completing a “contact us” form, entering a contest, subscribing to a newsletter, providing feedback, applying for a job, requesting information about conferences and tradeshows, giving us a business card, interacting with us at events, tradeshows, conferences or conventions, or communicating with us via instant message through the Site. There also may be other, similar ways that you provide us with information.
  • Information We Automatically Collect: When you visit the Site, click on our advertisements on other websites, or click on a link to the Site in an email from us, we may automatically collect information about you through cookies or tracking technologies, which are explained further in Section B below. This information may include your computer’s operating system, Internet Protocol (IP) address, access times, browser type and language, general location, the websites you came from or go to following your visit to the Site, or similar kinds of information.
  • Third Party Sources: Information obtained from other sources, like lead generation providers, content sponsors or social media platforms, which may include marketing or demographic information, your business or contact information, information about you from social media platforms that you use to interact with Smarsh or the Site, or information that we may obtain from Third Party Sources, we may combine this information with other information you provide us or that we automatically collect from you.

B. Tracking Technologies

We may use the following technologies to automatically collect information:

  • Cookies. Smarsh or a third party may send a “cookie” to your computer. A cookie is a small piece of data that is sent to your browser from a web server and stored on your computer’s hard drive. Cookies are used to identify which areas of the Site you visited and your actions on the Site. You may control cookies by configuring the privacy settings within your browser (please refer to your browser’s help function to learn more about cookie controls). Setting your cookie settings within our Site will not alter the cookies used by third parties, like third party ad networks. Please see Section E for more information on how to opt out of third party ad network cookies. The use of cookies by third parties is not covered by our privacy policy. We do not have access or control over third party cookies.
  • Clear Gifs (Web Beacons/Web Bugs). We or our third party advertising partners may employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on web pages, emails or ads. We use clear gifs to determine whether our marketing campaigns are successful, such as to see whether or not you opened an email we send or if you click on the links within the emails we send.

C. How We Use Information We Collect

We use the information we collect or are provided in the following ways:

  • To operate or improve the Site;
  • To respond to technical problems;
  • To respond to your communications, comments or questions;
  • To respond to, process and deliver your communications, requests, surveys, or contest entries;
  • To contact you to request feedback about your experience with our products and services or learn about your demographics, preferences or interests;
  • To communicate with you about new contests, promotions or rewards, upcoming events, trade shows or conferences, or other news about products and services (whether offered by Smarsh or our partners);
  • To process job applications;
  • To customize or personalize your online experience, for example to pre-populate forms, or to display or provide you with relevant content, advertising or communications; or
  • To protect, investigate and deter against fraudulent, unauthorized or illegal activity.

We may link, combine or supplement the information you provide us with other information we get from Third Party Sources or with cookies. We do this to help understand your needs and provide you with better products and services, to identify you when you return to our Site or to pre-populate forms.

We may use anonymous, aggregate personal information for different purposes, like market analysis, traffic flow analysis and reporting, or to deliver relevant advertising and information based on click stream data. We use this information for a variety of purposes to examine our traffic in aggregate, to investigate misuse of our network, its users, or to cooperate with law enforcement.

D. How We Share Information.

We may share your information as follows:

  • With our channel partners, affiliates, agents, subcontractors, representatives, or services providers;
  • In connection with a merger, acquisition, sale, or similar transaction;
  • To protect or enforce our rights or property, or the rights or property of our affiliates, channel partners, agents, subcontractors, representatives, or services providers;
  • In response to a court order, subpoena, warrant or to comply with a legal requirement or to cooperate with an investigation;
  • To identify persons who may be violating the law, our website terms of service, the rights of third parties, or otherwise misusing the Site or its related properties,
    With your consent; or
  • As permitted by law.

We do not sell, rent or lease the information we collect to third parties.

E. Third Party Service Providers, Widgets, Websites, Ads and Content.

The Site may contain links to websites or content sponsored or provided by third parties. These sites and services may use their own cookies or data tracking technologies to collect data or information from you. Smarsh does not control the practices of these third parties or their websites or content. Smarsh is not responsible for the privacy practices or the content of these third parties. Smarsh does not share the information that you provide us with these third parties, however, these third parties may obtain information about you if you click on a third party link.

Certain widgets, like social media widgets, on the Site may collect information about you, such as your IP address, automatically through cookies and may combine information about your use of our Site with information they collect in other areas. Smarsh has no control over the practices of these widgets and is not responsible for their privacy practices. Please visit the privacy policies of each of these kinds of third parties to learn more about how they collect and use your information.

Some of the ads you receive on websites are customized based on predictions about your interests generated from your visits over time and across different websites from an ad network. This is called interest based advertising and is enabled through your computer browser and browser cookies. These ads are provided based on information owned or controlled by an ad network, and subject to the ad network’s privacy policies. We provide you information on how to opt out of these types of interest based advertisements in the Notice, Access and Choice section of this Privacy Policy.

We may use other third party service providers such as an email service provider to send out emails on our behalf, a career management platform to collect resumes, or a chat widget that allows us communicate with you. We may share your information with these service providers, and others, as necessary for them to perform their functions. These third party providers are required to keep your information confidential in our agreements with the providers, with limited exceptions.

F. Security

We follow generally accepted industry standards to protect the personally identifiable information submitted to us. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

F. Notice, Access and Choice.

Smarsh does not require that you provide information through our Site. If you do not wish to provide the information requested, we may not be able to service you properly or receive the benefit for which the information is requested. You may opt-out of receiving promotional emails from Smarsh by following the instructions in those emails. If you opt-out, we may still send you non-promotional communications, such as emails about your accounts, product notices, or our ongoing business relations.

We will retain your information for as long as we determine necessary. You may contact legal@smarsh.com to request that we delete or amend your information or to opt out of your information being shared with third parties. In some cases, we may not be able to delete your personal information, in which case we will let you know if we are unable to do so and why. We will respond to your access request within 30 days.

You may opt out of interest based advertising by visiting the ad network and following the opt out policies presented in the ad network’s privacy policy. As of the Effective Date of this Privacy Policy, you may opt out of (1) AdRoll here: http://info.evidon.com/pub_info/573?v=1&nt=1&nw=false, (2) bizo here: http://www.bizo.com/opt-out/, (3) appnexus here: http://www.appnexus.com/platform-policy. Additionally, TRUSTe offers a global preference manager, which can be found here: http://preferences-mgr.truste.com/. (4) Google Ads here: https://www.google.com/settings/ads

There are also multiple resources that allow you to opt out of web tracking at the browser level by following the browser’s instructions. We respect your do not track choices instituted at the browser level.

Section 2: The Smarsh Management Console

Smarsh customers (“Clients”) engage us to store digital communications on their behalf. The Smarsh archiving platform is the platform our customers use to view their digital communications. Client Information and Archival Information (defined below) are governed by the services agreement between Smarsh and the applicable Client.
The Smarsh archiving platform collects the following information:

  • Archival Information. We collect digital communications for archival purposes on behalf of, and as directed by, our Clients. This information may include emails, texts, websites, social media messages or posts, and other forms of data or electronic communications (“Archival Information”). Archival Information includes data about our Clients and the third parties they correspond with. We do not control or monitor the information our Clients collect and store through our services, or their privacy practices or policies. It is our Client’s obligation to obtain all necessary consents and to comply with all applicable laws with respect to the Client’s communications and use of our services. Our Client’s privacy policies or practices apply to Archival Information, the purposes for which the Client collects Archival Information, how the Client may use Archival Information and what choices the individual may have with respect to Archival Information. Individuals must contact the applicable Client in order to correct, amend, or delete their information, or to opt out of any collection, uses or disclosure of their information by our Client.
  • Client Information. We also collect information about individuals within our Client’s organization (“Client Information”). Client Information may include information related to the Client’s account, name, work e-mail address, work phone number, job title or similar kinds of information. We use Client Information to support the Client account, maintain our business relationship with the Client, respond to Client inquiries, or perform accounting functions. Clients may update personal information and password by logging into the Smarsh archiving platform and updating their account. Clients may contact Smarsh support in order to delete their personal data. In some cases, we may not be able to delete Client Information, and in such cases we will tell you why.
  • Automatically Collected Information. We collect information automatically about how our Clients use our services (“Automatically Collected Information”). We do this via data collection technologies such as cookies, web beacons, gifs or other tracking technologies. We collect this information in order to monitor, support and improve our services or to provide Clients with certain customized features. We may use Automatically Collected Information to tell us how our Clients use our services, to improve our services or develop new products, services or features.

We treat Archival Information and Client Information as the confidential and proprietary information of our Clients, subject to the terms of the service agreement between Smarsh and the Client. We do not share Archival Information, Client Information or Automatically Collected Information with third parties unless directed to do so by our Client, as may be necessary to provide services to the client, to our advisors, channel partners, affiliates, representatives, agents, service providers, in connection with a business transaction (such as a merger or sale), or in response to a court order, subpoena, warrant or to comply with a legal requirement or to cooperate with an investigation. We may disclose Automatically Collected Information or Client Information for the aforementioned reasons, or in order to protect our rights or the rights of our affiliates, clients, channel partners or service providers. Smarsh will retain Archival Information, Automatically Collected Information or Client Information as necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client, or for the period of time requested by a particular Client. For backup purposes, we retain backup copies of all information indefinitely.