Corporate Privacy Policy
Contact Us. If you have any questions regarding this Privacy Policy, please contact the operator of this website at:
Evolver, Inc.
Attn: Privacy Policy Officer
Evolver Inc. Safe Harbor Policy
Introduction Evolver receives and processes information (in paper and electronic form) in accordance with its clients’ instructions for the purpose of providing legal data support services, including legal review, repository holding, data management and forensics. Evolver provides services from forensic collection, to managed hosting and document review. At Evolver, we recognize the importance of privacy to our clients and we strive to safeguard any personal information we receive and may need to use in support of our clients.
Evolver adheres to the set of data protection principles developed in consultation by the United States Department of Commerce (DOC), in collaboration with the European Commission and the Federal Data Protection and Information Commissioner of Switzerland, producing the U.S.-European Union Safe Harbor Framework Documents and U.S.-Swiss Safe Harbor Framework Documents. The privacy principles in this policy are based on these Safe Harbor Principles. If there is any conflict between this Policy and the principles published by the U.S. Department of Commerce, the latter principles shall govern.
This Safe Harbor Privacy Policy (“Policy”) sets out the privacy principles to which Evolver adheres, as it relates to personal information transferred from the European Economic Area (“EEA”) and/or Switzerland to the United States (“U.S.”).
SCOPE
This Policy applies to all personal information received by Evolver from the EEA and/or Switzerland. In most cases, the data we receive will be in electronic form and relates to our clients and their business activities. It may include personal information about our clients’ employees, business contacts, customers and any other individuals with whom our clients have dealings.
When we receive and process personal information provided to us by our clients, we do so as “data processors” acting on the instructions of our clients and/or the court system and we do not control or share such data without direction from the client. For such processing, Evolver enters into appropriate agreements with the clients providing that the client is the data controller for the purpose of the EU Data Directive and is in compliance with the applicable data protection laws.
Evolver does not generally collect personal information from individuals in the EEA or Switzerland. Evolver’s possession and use of personal information, is incidental to our primary task of providing electronic discovery services to our clients.
DEFINITIONS
1. “Information” means information or a set of information that (1) is transferred from the EEA or Switzerland to the United States; (2) is recorded in any form; (3) is about, or pertains to a specific individual; and (4) identifies or could be used to identify to that individual. Information does not include anonymized information, aggregated information or publicly available information that has not been combined with non-public personal information.
2. “Agent” is any third party that processes, collects, uses, or stores Information under the instructions of, and solely for, Evolver or to which Evolver discloses personal information for use on Evolver’s behalf
SAFE HARBOR PRINCIPLES
The practices to which Evolver is committed are based on the EEA and Swiss Safe Harbor Principles negotiated between their respective government agencies and the United States Department of Commerce. Adherence by Evolver to these Safe Harbor Principles provides the necessary level of protection required by the EU/Swiss Directives for the transfer of personal information outside the EEA/Switzerland. Evolver’s execution of these principles may be limited in certain circumstances, in particular:
(a) where there is a conflicting or overriding legal obligation;
(b) to the extent expressly permitted by any applicable law, rule or regulation; or
(c) where Evolver receives personal information as a “data processor” acting on the instructions of a client. As Evolver will be receiving personal information from the EEA/Switzerland merely for processing, its principle obligations are limited to onward transfer, security, access, and enforcement. Evolver’s client remains responsible for notice, choice, and data integrity.
NOTICE: Evolver receives data to be processed and/or stored, the contents of which may, or may not be Information. Where Evolver collects Information directly from individuals in the EEA/Switzerland, it will inform individuals of the purposes for which it collects and uses their Information, the types of third parties (if any) to which Evolver may disclose that Information, and the choices and means, if any, that Evolver offers individuals for limiting the use and disclosure of their Information.
Where Evolver acts as the data processer and receives transfers of personal information from the EEA/Switzerland to the United States, Evolver requires contractual provisions from the EEA data controller that the personal information has been provided to Evolver in accordance with the applicable EU Member State data protection law to ensure the individuals have been provided with appropriate notice regarding how their information will be used.
CHOICE: Given that Evolver’s services are directed by our clients and frequently by legal proceedings, choice may be limited. Where Evolver is the collector of Information and Choice is permissible, it will offer individuals the opportunity to choose (opt-out) whether their Information is
(a) to be disclosed to a third party (unless that disclosure is allowed or required by contract), or
(b) to be used for a purpose that is not consistent with the purpose for which that
Information was originally collected, or subsequently authorized by the individual.
Evolver will provide individuals with reasonable mechanisms to exercise their choices.
Where Evolver acts as the data processor and receives transfers of Information from the EEA to the United States, Evolver does not offer individuals with the opportunity to choose since Evolver is not responsible for collecting the Information. Evolver does require contractual provisions from the data controller that the personal information has been provided to Evolver in accordance with the applicable data protection laws to ensure the individuals have been provided with appropriate choice regarding how their information may be used.
ONWARD TRANSFERS: In the event Evolver transfers Information it has directly collected from individuals, it will obtain assurances from its Agents, prior to such transfer, that they will safeguard the Information in a manner consistent with this Policy. Every Agent utilized enters into a contractual relationship with Evolver, which includes confidentiality and non-disclosure clauses, and provides the same level of commitment to and protections, as required by the Safe Harbor Principles. Evolver may also sell, transfer or otherwise disclose Information reasonably related to the sale, assignment, transfer or other disposition of all or part of our business, subject to and in accordance with applicable law.
SECURITY: Evolver takes reasonable precautions to protect Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
DATA INTEGRITY: Evolver will use Information only in ways that are relevant and compatible with the purpose for which that information was collected or provided to Evolver. Evolver will take reasonable steps to ensure that all data collected, processed and/or stored is protected from destruction, corruption, or use in a manner inconsistent with the purpose for which it received the information.
ACCESS: Upon request, and where permissible by law and purpose for which it possesses the Information, Evolver will grant individuals reasonable access to Information that it holds about them. In addition and where permissible, Evolver will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete, except where the burden or expense of providing access would be disproportionate to the risks of the individual’s privacy, or where the rights of another individual may be violated. A reasonable fee may be charged as compensation for our expenses incurred in accessing, changing or deleting the personal information. This right applies only to Information about the individual making the request and is subject to other limitations as defined by law, or where the burden or expense of providing access would be disproportionate to the risks related to the privacy of the individual or where the rights of other individuals would be violated.
ENFORCEMENT: Evolver will conduct compliance audits at least annually of its relevant privacy practices to verify adherence to this Policy and will self-certify with the US Department of Commerce. Further, Evolver will conduct follow up investigations to verify that attestations and assertions regarding practices are true. Evolver maintains an Ethics hotline (Evolver-ethics@evolverinc.com) to which violations and/or complaints may be made and Evolver engages in training to support implementation and compliance. Any employee that Evolver determines is in violation of this Policy will be subject to disciplinary action.
DISPUTE RESOLUTION: Questions or concerns regarding Evolver’s use or disclosure of Information may be directed to the Evolver Ethics and Compliance Officer at the address given below. Evolver will reasonably investigate and attempt to resolve complaints and disputes regarding use and disclosure of Information in accordance with the principles contained in this Policy. Complaints that cannot be resolved between Evolver and the complainant, Evolver agrees to cooperate with Data Protection Authorities located in the EU or Switzerland (or their authorized representatives) and participate in any dispute resolution procedures established by such authorities pursuant to the Safe Harbor Principles.
CONTACT INFORMATION
Please refer all questions or comments regarding this Policy to:
Evolver, Inc
Ethics and Compliance Officer
1943 Isaac Newton Square, Suite 260
Reston, VA 20190
(703) 742-4090
(888) 742-4090
Evolver-ethics@evolverinc.com
This Safe Harbor Policy is available at www.evolverlegal.com
CHANGES TO THIS SAFE HARBOR POLICY
This Policy may be amended from time to time to remain consistent with the requirements of the Safe Harbor Principles.
The effective date of this Safe Harbor Policy is: October 2012
Ellen Blanchard, Associate GC & Director, eDiscovery Consulting and Jeff Snyder, Director, Software Development, will lead a session, “Native File Productions”.
READ MOREJoel Resnick will participate on a panel discussion, "Controlling the Scope, Speed & Cost of Discovery". This session provides practical advice on how to control the scope, speed, and costs of eDiscovery in modern litigation. Topics will include tips and guidelines for successfully arguing for limits on eDiscovery based on proportionality, the use of "tiered" or phased discovery, leveraging early data assessment work, and state and federal eDiscovery rules.
Date & Time: May 1, 2013 at 10:00 a.m.
READ MORE
