Privacy Policy

Effective August 1, 2019

Welcome!

Please review this Privacy Policy (the “Policy”) to understand how we collect, use, and share your personal data, as well as your choices and rights with respect to that personal data.

Who We Are

This is the Policy of eDiscovery Assistant LLC (“EDA”, “us”, “our”, or “we”). You can contact us.

Applicability

This Policy applies to our “Services” which include:

  • Our eDiscovery Assistant e-discovery support and legal research platform and web application (“Platform”); and
  • our corporate website at ediscoveryassistant.com, and other websites where we link to/post this Policy, including any subdomains or mobile versions (the “Sites(s)”).

Agreement

This Policy is incorporated into the Terms of Use governing your use of our Services. Any capitalized term not defined in this Policy will have the definition provided in our Terms of Use.

Your use of our Services indicates your acknowledgement of the practices described in this Policy.

Third Parties

We provide the Platform and process information relating to third parties that have entered into a subscription or services agreement with us (our “Clients”), and in relation to the Client’s users of the Platform (“Client Users”).

This Policy reflects only how we process Personal Data through our Services. This Policy does not apply to information processed by other third parties, for example, when you visit a third-party website or interact with third-party Services unless we process information from those parties. Please review the relevant third party’s privacy policy for information regarding their privacy practices.

Collection and Use of Personal Data

Personal Data We Collect

In order to provide our Services, we may collect and process information that relates to identified or identifiable individuals (“Personal Data”). We collect and process the following categories of Personal Data (note, specific Personal Data elements are examples and may change):

Identity Data: Personal Data about you and your identity, such as your name, username, birth year, gender, biographic/profile data, employer information, and other Personal Data you may provide on registration forms or as part of an account profile.

Contact Data: Personal Data used to contact an individual, e.g. email address, physical address, or phone number.

Device/Network Data: Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session history and similar browsing metadata, and other data generated through applications and browsers, including via cookies and similar technologies.

Financial Data: Personal Data relating to credit cards, bank accounts or other payment information, and other relevant information you provide in connection with a financial transaction.

User Content: Content provided by users of the Platform in any free-form or unstructured format, such as in a “contact us” box, free text field, or messages to us, including any Personal Data to the extent contained or revealed therein.

Processing of Personal Data

Platform

Data: Clients and Client Users may register and create an account (for themselves or on behalf of other Client Users) on our Platform. If you choose to register, we will process Identity Data and Contact Data in connection with the creation, operation, and maintenance of that account.If you choose to use our online payment options when you subscribe to our Platform, we may also collect Financial Data.

Uses: We use Identity Data, Contact Data, and Financial Data as necessary to create, maintain, and provide you with important information about your account, or process the subscription transaction you request. Additionally, we use the Identity Data and Contact Data as necessary to complete and provide you with important information regarding your transaction. Subject to Your Rights & Choices, and consistent with our legitimate business interests, we may process Identity Data and Contact Data in connection with Marketing Communications, Aggregate Analytics, Internal Processes and Services Improvement, and for other lawful purposes described below.

Marketing Communications

Data: We may process Identity Data, Device/Network Data and Contact Data in connection with your enrollment and our delivery of email marketing communications (which you may receive if you register for an account on our Platform or choose to receive marketing communications on our Sites) or when you open or interact with such marketing communications.

Uses: Subject to Your Rights & Choices, we use Identity Data and Contact Data as necessary to provide marketing communications such as emails or texts, and in order to tailor certain communications to individuals’ preferences and requests. Additionally, we may process Device/Network Data from devices receiving those marketing communications as part of our legitimate business interests in understanding whether our emails are opened or other aspects of engagement with such marketing communications.

Contact us

Data: When you contact us we process on behalf of the Client certain Personal Data such as Identity Data, Device/Network Data, and any Personal Data contained within any User Content.

Uses: We use Identity Data, Contact Data, and User Content as necessary to communicate with you about the subject matter of your request and related matters. Subject to Your Rights & Choices, we may also use Identity Data and Contact Data to in connection with Marketing Communications, if relevant to your request (such as when you request more information about our Platform or Sites), and for Internal Processes and Services Improvement, and for other lawful purposes described below.

Cookies and Similar Tracking Technologies

Data: We, and certain third parties, may process Identity Data, Contact Data, and Device/Network Data when you interact with cookies and similar technologies on our Service. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may apply to these technologies and information collected.

Uses: Subject to Business Purposes: In connection with our general business operations, product/service improvements, to enable certain features, and in connection with our other legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certains Sites or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.). When we disclose information for business purposes we may disclose Identity Data, Contact Data, Device/Network Data, and User Content.

Corporate Events:

Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.

Affiliates:

In order to streamline certain business operations, share promotions and content we believe would be of interest to you, and develop products and services that better meet the interests and needs of our customers, we may share your Personal Data with any of our current or future affiliated, entities, subsidiaries, and parent companies.

Legal Disclosures:

In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use or Subscription Agreement, or in the viral interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.

Your Right & Choices, we use this information as follows:

  1. for “essential” or “functional” purposes, such as to enable certain features of the Service, or keeping you logged in during your session;
  2. for “analytics” and “personalization” purposes, consistent with our legitimate interests in how the Service is used or performs, how Users engage with and navigate through the Service, what sites Users visit before visiting the Service, how often they visit the Service, and other similar information, as well as to greet users by name and modify the appearance of the service to usage history, tailor the Service based on geographic location, and understand characteristics of Users in certain locations; and
  3. for “retargeting” or similar advertising purposes on our Site, so that you can see advertisements from us on other websites. These technologies and the data they collect, may be used by advertisers to deliver ads that are more relevant to you based on content you have viewed, including content on our Sites. These tracking technologies may also help prevent you from seeing the same advertisements too many times, and help us understand whether you have interacted with or viewed ads we’ve delivered to you. This collection and ad targeting may take place both on our Sites, as well as and on third-party websites that participate in the ad network (e.g. any advertisements delivered by that ad network on a third party website).

Note: Some of these technologies can be used by us and/or our third-party partners to identify you across platforms, devices, sites, and services.

Specific Processing Purposes

Aggregate Analytics

Subject to Your Rights & Choices, we will collect and aggregate your Personal Data and information about your use of the Services in order to identify certain trends in how our Services are used and perform, the individuals who use our services, and the products and services most relevant to users (“Aggregated Data”). Aggregated Data will not contain information from which you may be personally identified. We may use this information in order to create analytics that help us better identify patterns and trends among Employees, and provide analytics to our Clients regarding our Services and their Employees.

Internal Processes and Services Improvement

Subject to Your Rights & Choices, we may use any Personal Data we process through our Services as necessary in connection with our legitimate interests in improving the design of our Services, to create a personalized user experience (such as greeting you by name, or associating Users with Clients and the Client Dashboard), and for ensuring the security and stability of the Platform. For example, we may use Personal Data to understand what parts of our Services are most relevant to users, how users interact with various aspects of our Platform, how our Services perform or fail to perform, etc., or we may analyze use of the Services to determine if there are specific activities that indicate an information security risk to the Services or our Clients and Users.

Miscellaneous Processing

If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g. with respect to Your Rights & Choices) unless otherwise stated when you provide it.

Note that we may, without your consent, also process your Personal Data on certain public interest grounds. For example, we may process Personal Data as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, or otherwise in the public interest. Please see the Data Sharing section for more information about how we disclose Personal Data in extraordinary circumstances.

Data Sharing

Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer data to the categories of recipients and associated business purposes described below.

Clients:

We process data on behalf of Clients, and may share your Personal Data with Clients to the extent such information was provided to us for processing on the Client’s behalf. For example, Client User account information may be made available to the Client.

Business Purposes:

In connection with our general business operations, product/service improvements, to enable certain features, and in connection with our other legitimate business interests or other business purposes, we may share your Personal Data with service providers or subprocessors who provide certain Sites or process data on our behalf. For example, we may use cloud-based hosting providers to host our Sites or disclose information as part of our own internal operations, such as security operations, internal research, etc.). When we disclose information for business purposes we may disclose Identity Data, Contact Data, Device/Network Data, and User Content.

Corporate Events:

Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.

Affiliates:

In order to streamline certain business operations, share promotions and content we believe would be of interest to you, and develop products and services that better meet the interests and needs of our customers, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.

Legal Disclosures:

In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use or Subscription Agreement, or in the vital interests of us or any person. Note, these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.

Your Rights & Choices

Your Rights

To the extent required under applicable law, and subject to our rights or obligation to limit or deny access or disclosure, you may have the following rights in Personal Data (Residents of the EU may wish to review the “Additional Information for EU Users” below, in addition to the rights and choices listed in this section):

List of Data: You may receive a list of the specific Personal Data about you that we process.

Rectification: You may correct any Personal Data that we hold about you.

Erasure: You may request that we delete your Personal Data from our systems.

Data Export: We will send you a copy of your Personal Data in a common portable format of our choice.

Regulator Contact: You have the right to contact or file a complaint with regulators or supervisory authorities about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.

California Rights: Residents of California (and others to the extent required by applicable law) may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year. You may also request that we provide you a copy of your Personal Data, direct us to stop selling or disclosing Personal Data for certain purposes (if we have done so), and receive information regarding: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties with whom we have disclosed your Personal Data, or sold, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.

You may exercise these rights by Contact Us at the address below and submitting a request. We respond to only verifiable requests, and we may require that you provide additional Personal Data to exercise these rights, e.g. information necessary to verify your identity.

Note: While we may notify third parties of your request, we are able to fulfill rights requests regarding Personal Data we control or process, and we may not have access to or control over Personal Data controlled by third parties. Please contact the third party directly to exercise your rights in third party-controlled information.

Your Choices

You have the following choices regarding the Personal Data we process:

Consent: If you consent to processing, you may withdraw your consent at any time, to the extent required by law. You may be required to close your account in order to withdraw consent where your consent is necessary to perform essential aspects of the service.

Direct Marketing: You have the choice to opt-out of or withdraw your consent to marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by Contact Us re: direct marketing.

Cookies & Similar Tech: If you do not want information collected through the use of cookies and similar technologies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu. You must opt out of third party services directly via the third party. For example, to opt-out of Google’s analytic and marketing services, visit Google Ads Privacy Policy, or Google Analytics Opt-out. To learn more about how to opt out of Google’s use of cookies for advertising or retargeting, visit Google’s Ads Settings, here. You may also opt out of certain online advertising through industry association tools, such as the NAI Opt Out or AdChoices.

Please note, at this time, our Sites does not respond to your browser’s do-not-track request.

Other Processing:You may have the right under applicable law to object to our processing of your Personal Data for certain purposes, including without limitation, situations where we process in accordance with our legitimate interests. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on an objection.

Security

We implement and maintain reasonable security measures to safeguard the Personal Data you provide us. However, we sometimes share Personal Data with third parties as noted above, and we do not have control over third parties’ security processes. Please note, we do not warrant perfect security and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.

Data Retention

We retain information for so long as it, in our discretion, remains relevant to its purpose, and in any event, for so long as is required by law. We will review retention periods periodically, and may sometimes pseudonymize or anonymize data held for longer periods, if appropriate.

Minors

Our Sites are neither directed at nor intended for use by minors under the age of majority in the relevant jurisdiction. Further, we do not knowingly collect Personal Data from such individuals. If we learn that we have inadvertently done so, we will promptly delete it.

International Transfers

We operate in and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. does not provide the same legal protections guaranteed to Personal Data in the European Union. Accordingly, your Personal Data may be transferred to the U.S. pursuant to the EU-U.S. Privacy Shield Framework, the Standard Contractual Clauses, or other adequacy mechanisms, or pursuant to exemptions provided under EU law. Contact us for more information regarding the mechanisms to ensure adequate protection of data subject to EU Law.

Additional Information for EU Users

Controller

eDiscovery Assistant LLC is the data controller for Personal Data collected under this Policy.

Legal bases for processing

The legal bases for our processing of your Personal Data are described in the table below. If you have questions about the legal basis of how we process your Personal Data, contact us at privacy@cape.com.

Processing purpose Legal Basis
Use:

Platform
Contact Us
Marketing Communications

Disclosure:
Clients:

Processing is necessary to perform the contract governing our provision of the Services to you or the Client, or to take steps that you request prior to such engagement. This may include processing that is in connection with operations that are necessary to provide the Services themselves.
The following processing activities constitute our legitimate interests. We balance any potential impact on you when we process your Personal Data for our legitimate interests. You may object to this processing as permitted by law. For example, our legitimate interests include:
Use:

Marketing Communications

Disclosure:
Clients:
Business Purposes:
Affiliates:
Corporate Events:
Legal Disclosures:

Direct marketing of our products and services to our Clients, Client Users, and other parties with whom we do business.

Use:

Marketing Communications
Cookies and Similar Tracking Technologies

Disclosure:
Business Purposes:
Affiliates:

Determining the effectiveness of marketing campaigns; providing cost-effective services; personalizing content for individual Users.

Use:

Internal Processes and Services Improvement
Cookies and Similar Tracking Technologies
Aggregate Analytics

Disclosure:
Business Purposes:
Affiliates:
Legal Disclosures:

To create, provide, support, maintain, and improve the functionality and performance of our Services, and operate our business

Use:

Internal Processes and Services Improvement

Disclosure:
Business Purposes:
Legal Disclosures:

To secure our Platform and network, investigate suspicious activity or violations of our terms or policies; and to protect the safety of Personal Data, including to prevent exploitation or other harms to which users may be vulnerable.

Use:

Miscellaneous Processing

Disclosure:
Legal Disclosures:

Processing is necessary to comply with our legal obligations, for example, tax laws, fraud reporting, etc.
All Personal Data Note, we may process and disclose Personal Data where it is in the vital interests of a data subject, to comply with a legal obligation to which we are subject, in the public interest, for research, or other appropriate legal ground which may apply under applicable law.

Rights of EU Users

In addition to the applicable rights set forth above under Your Rights & Choices, EU users have the following additional rights:

Right to Object: Where we process data on the basis of our legitimate interests, you can object to that processing to extent allowed by law. Note that we must only limit processing where our interests in processing do not override an individual’s interests, rights, and freedoms, or the processing is not for the establishment exercise, or defense of a legal claim.

Right to Restrict: You may have the right to restrict processing of your Personal Data where the accuracy of the Personal Data is contested, the processing is unlawful but you object to deleting the Personal Data, or we no longer require the Personal Data, but it is still required for the establishment, exercise, or defense of a legal claim, or while we assess an objection to processing.

Automated Processing: To the extent we process Personal Data using automated means, or where otherwise required by law, you may opt-out of, or revoke your consent, to this processing or elect to have an individual review any of the results of processing.

We may change this Policy from time to time. Please visit this page regularly so that you are aware of our latest updates. Your use of the Services following notice of any changes indicates acceptance of any changes.

Contact Us

Feel free to contact us with questions or concerns using the appropriate address below.

General inquires: info@ediscoveryassistant.com

Physical address: 885 Arapahoe Avenue, Boulder, CO 80305

Toll Free Phone: 888-309-8209