WIND – END USER LICENSE AGREEMENT
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You” or the “Authorized User”) AND ESTET, LLC (“We” or “E-STET”). BEFORE DOWNLOADING, ACCESSING, OR USING ANY PART OF WIND, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS END USER LICENSE AGREEMENT (the or this “EULA” or “Agreement”) AS THEY GOVERN YOUR ACCESS TO AND USE OF WIND. E-STET IS WILLING TO LICENSE AND ALLOW THE USE OF WIND ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS EULA. IF YOU DO NOT AGREE WITH THIS EULA, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE WIND (“Wind”).
1. License Grant. Wind is provided by E-STET, and this EULA provides to You a personal, revocable, limited, non-exclusive, non-transferable license to use Wind, subject to Your payment of fees in accordance with Section 3 and Your continued compliance with the terms and conditions of this EULA, for personal or business purposes only, (i) on a single laptop, workstation, or computer and from the Internet or through an on-line network and (ii) in connection with additional Relativity User licenses You purchase as Additional Services. If You are using Wind on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with E-STET regarding access and usage privileges for Wind. Nevertheless, Your use of Wind will be subject to the obligations and restrictions regarding use of Wind as set forth in this EULA.
1.1. Restrictions. The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit Wind or any data provided by E-STET through Wind in any manner not expressly permitted by this EULA. In addition, You may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use Wind or any other party’s software in any manner not expressly permitted herein.
1.2. User Obligations. By accessing or using Wind to view information and materials or submit or upload information of any kind, You represent that You are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting or uploading information or materials to Wind, including, without limitation, when You provide information via a registration or submission form. You agree not to provide access to Wind (or Your login credentials) to any other party. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of Wind. Without limiting the foregoing, to the extent that Wind is subject to the export control laws and regulations of the United States, including without limitation the Export Administration Regulations, and applicable laws and regulations of other countries, You agree to comply with such laws.
2. Wind Services. Subject to the provisions of this Agreement, Authorized User shall purchase from E-STET, and E-STET shall provide to Authorized User, the license to use Wind in Section 1, the Wind Services and the other services set forth below (collectively referred to as the “Services”).
2.1. Technical Support. In support of the Services, E-STET shall provide Technical Support to Authorized User between the hours of 9:00 a.m. and 5:00 p.m. PST.
2.2. Additional Services. Authorized User, at his/her discretion may purchase Additional Services from E-STET through the Wind platform.
3. Payment. In consideration for the Services provided by E-STET, Authorized User shall pay E-STET the total sum of US$299 per month for each subsequent month for the duration of the Term, plus the costs of any Additional Services purchased through the Wind platform. E-STET shall automatically charge Authorized User’s credit card on the first day of each calendar month during the Term, which shall constitute Authorized User’s payment for the Services for that month.
3.1. Payment History. Authorized User shall be able to review his/her payment history through the Wind platform. Such payment history shall include all monthly payments made pursuant to this Agreement, and any Additional Services purchased through the Wind platform.
3.2. Method of Payment. Authorized User shall provide E-STET with a valid credit card upon purchase of the Services, and shall ensure that at all times during the Term, Authorized User’s credit card information is current and valid. By agreeing to this EULA, Authorized User grants E-STET permission to charge Authorized User’s credit card in accordance with this Section 3.
4. Term. This Agreement’s Term and Your right to use the Services will take effect at the moment You click “I ACCEPT” or You install, access, or use Wind and ends upon termination pursuant to Section 10 of this Agreement.
5. General Disclaimers.
5.1. Practice of Law. Both parties acknowledge and agree that the Services rendered by E-STET pursuant to this Agreement shall not constitute the practice of law and shall not be construed by either party as legal advice or counsel.
5.2. Duty to Preserve. Both parties acknowledge and agree that E-STET shall not be responsible for any decisions made regarding the preservation of ESI in Authorized User’s possession, nor shall E-STET be held responsible for any failures by Authorized User to comply with preservation duties ordered by a court of competent jurisdiction. Authorized User shall be solely responsible for complying with any duties it may have to preserve ESI pursuant to court order.
5.3. Substitution of Software. In the event that E-STET chooses to modify or change the software within the E-STET Infrastructure in a manner that materially reduces their functionality, E-STET will notify the Authorized User.
6. Limitation of Liability
6.1. Disclaimer of Warranty. WHILE E-STET ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SERVICES. E-STET MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF Wind FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. E-STET ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY DOWNLOADABLE FILES OR INFORMATION WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
6.2. Limitation on Damages. You expressly absolve and release E-STET from any claim of harm resulting from a cause beyond E-STET’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL E-STET BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH Wind, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF E-STET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF E-STET FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO E-STET PURSUANT TO THIS AGREEMENT DURING THE THREE MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE DISPUTE.
6.3. Indemnity. You agree to defend, indemnify, and hold harmless E-STET and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from (a) Work Product or Authorized User Materials, (b) Your use of the Services in violation of this Agreement, or (c) any breach by You of this EULA.
7. Force Majeure. Neither party shall be responsible for any delay or failure in performance of any part of this Agreement (other than payment obligations) to the extent that such delay is caused by reason of acts of God, wars, revolution, civil commotion, acts of public enemy, embargo, acts of government in its sovereign capacity, or any other circumstances beyond the reasonable control and not involving any fault or negligence of the Delayed Party (“Condition”). If any such Condition occurs, the party delayed or unable to perform (“Delayed Party”), upon giving prompt notice to the other party, shall be excused from such performance on a day-to-day basis during the continuance of such Condition (and the other party shall likewise be excused from performance of its obligations on a day-to-day basis during the same period); provided, however, that the party so affected shall use its commercially reasonable efforts to avoid or remove such Condition, and both parties shall proceed immediately with the performance of their obligations under this Agreement upon the removal, cessation or practical remediation of such Condition.
8. Intellectual Property Ownership. This EULA provides only a limited license to access and use Wind. Accordingly, you expressly acknowledge and agree that E-STET transfers no ownership or intellectual property interest or title in and to Wind or any other intellectual property to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through Wind, unless otherwise indicated, are owned, controlled, and licensed by E-STET and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, E-STET does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. Accordingly, Your unauthorized use of Wind may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Wind is Copyright © 2015 E-STET and/or its licensors. All rights reserved. Wind, E-STET, the E-STET logo, and all other names, logos, and icons identifying E-STET and its programs, products, and services are proprietary trademarks of E-STET, and any use of such marks, including, without limitation, as domain names, without the express written permission of E-STET is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners. Nothing in this Agreement shall be construed to grant to Authorized User any right or license in any patent, copyright, trade secret, or other intellectual property or rights relating to the Services, the E-STET Infrastructure, or Wind, other than the limited license set forth in Section 1 and the provisions of Section 9, below.
9. Authorized User Materials. As between Authorized User and E-STET, all papers, writings, documents and information of Authorized User provided to E-STET pursuant to this Agreement (“Authorized User Materials”) and Authorized User Data shall remain the exclusive property of Authorized User. Furthermore, E-STET understands and agrees that the fruits of the Services, including without limitation any deliverables, shall be considered the Work Product of and owned solely by the Authorized User. All copies in which such Work Product is embodied shall be deemed to be a “work made for hire” within the meaning of Section 101 of the Copyright Act, and E-STET agrees to execute and cause its personnel to execute any documents necessary to vest ownership of the Work Product in the Authorized User, if necessary. E-STET hereby irrevocably conveys, transfers and assigns in perpetuity to Authorized User, and its respective successors and assigns, all rights, title and interests worldwide in and to the Work Product. E-STET will use industry standard security measures to protect the Authorized User Materials and Authorized User Data transferred to E-STET.
10. Termination and Suspension.
10.1. By Either Party. Either party may terminate this Agreement if the other party is in material breach of the Agreement and fails to cure the breach within 30 days after receipt of written notice or if the other party ceases its business operations. Either party may terminate this EULA at any time by providing thirty (30) day notice to the other party hereto.
10.2. Payment Obligations to Survive Expiration or Termination. Notwithstanding the expiration of the Term or any termination of this Agreement made by either party (including for cause), Authorized User agrees to pay E-STET all payments due for Services rendered through and including the termination date and any costs of collection (including reasonable attorney’s or arbitration fees) incurred by E-STET. Except to the extent required by law, E-STET will not refund You for any payments made prior to termination.
10.3. Automatic Destruction of Data Thirty (30) days after Termination. Upon termination of the Agreement, the rights granted hereunder shall cease and You shall no longer have access to the Services or Wind. E-STET may delete and/or destroy all Authorized User Data, Authorized User Materials and/or Work Product, in its possession, at any time after thirty (30) days following termination of this Agreement.
10.4. Suspension. In the event that there is unauthorized access to Wind or a use of Wind that could disrupt the Wind Services, E-STET may automatically suspend use of the Wind Services until such time as the applicable event is resolved.
11. 3rd Party Requests for Disclosure or Deletion of Data. E-STET shall not comply with any 3rd party requests seeking the disclosure or destruction of Authorized User Data or Authorized User Materials without Your explicit written authorization. Notwithstanding the foregoing, E-STET, at its sole discretion, may comply with such requests: (1) as required by applicable disclosure laws or regulations (but E-STET shall, if requested by You and at Your expense, seek confidential treatment of such data to the maximum extent permitted by law); or (2) in connection with a court order or legal process requiring disclosure or destruction of such data, in which case E-STET will, to the extent allowed by law, provide prompt notice of such order or process to You and reasonably cooperate, at Your expense, with any attempt to quash or limit such order or process.
12. Feedback and Submissions. E-STET welcomes your feedback and suggestions about E-STET’s products or services or Wind. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to E-STET, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey to E-STET and enable E-STET to use such feedback. In addition, any feedback received through Wind will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for E-STET to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and You hereby waive any claim to the contrary.
13. Dispute Resolution.
13.1. Negotiation and Arbitration. Any dispute that arises under this Agreement or relating to the Services shall be resolved first through negotiation in good faith between the Parties. Failing an agreement, the parties shall be obligated to resolve any such dispute solely through binding arbitration, with such arbitration to take place under the procedures of ADR (Alternative Dispute Resolution) before a single arbitrator with each party bearing its own fees and costs. The seat of arbitration shall be Los Angeles, California, and California procedural law shall apply where the rules are silent. All aspects of the arbitration shall be treated as confidential.
13.1.1. Injunctive Relief. The only exception to negotiation and mandatory arbitration is an action for injunctive relief commenced by a party to protect its intellectual property rights. Each party agrees that any such action will be commenced in the state or federal courts located in Los Angeles County, California.
13.1.2. Statute of Limitations and Other Notices. Any claim You might have against E-STET must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this EULA and is hereby disclaimed. E-STET makes no representation that the Wind is appropriate or available for use in other locations outside the U.S.A, and access to Wind from states, territories, or nations where any aspect of Wind is illegal is prohibited. You access Wind on Your own volition and are responsible for compliance with all applicable local laws with respect to Your access and use of Wind. A printed version of this EULA and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this EULA to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact E-STET if You wish to receive a printed copy of this EULA.
14. Definitions. The following terms have the meanings assigned to them:
14.1. “Additional Services” means add-on services available for purchase through the Wind platform, including but not limited to additional storage space and additional Relativity User licenses.
14.2. “Authorized User Data” means data or ESI, legally obtained by Authorized User pursuant to the operation of Authorized User’s business or legal practice, or ESI belonging to an entity for which Authorized User acts as counsel of record.
14.3. “Digital Devices” means hardware capable of storing ESI in digital form, including but not limited to the following types of hardware: backup servers, backup tapes, CDs, cellular phones, DVDs, email servers, file servers, flash drives, hard disk drives, micro SD cards, smart phones, and solid state drives.
14.4. “Document Review Platform” means software used to review ESI.
14.5. “E-STET Infrastructure” means the hardware, software, and personnel E-STET shall provide for Authorized User’s use during the Term of this Agreement.
14.6. “Electronically Stored Information” or “ESI” means information created, manipulated, communicated, stored, and utilized in digital form, requiring the use of computer hardware and software.
14.7. “File” means a medium of ESI storage.
14.8. “Hosting” means the storage of ESI on E-STET’s Digital Devices.
14.9. “Native File” means the File format in which ESI was originally produced.
14.10. “Processing” means the preparation and uploading of Native Files, PDFs and/or TIFFs into a Document Review Platform.
14.11. “Relativity” means the internet-based Document Review Platform licensed by E-STET from kCura® Corporation.
14.12. “Relativity User” means an individual granted a license to access Relativity during the Term of this Agreement.
14.13. “Technical Support” means troubleshooting issues pertaining to Relativity’s functionality and performance.
14.14. “Term” means the time period in which this Agreement is in effect, as defined in Section 3 of this Agreement.
14.15. “Wind” means the online platform operated by E-STET providing Authorized Users access to the Relativity Document Review Platform.
14.16. “Wind Services” means the full scope of services E-STET shall provide to Authorized User, including but not limited to access to and use of Relativity for document review, Processing and Hosting through Relativity, one Relativity User license, 25 GB of allocated storage and Processing space within the E-STET Infrastructure, and Technical Support.
14.17. “Work Product” means fruits of the Services that E-STET produces pursuant to this Agreement, including without limitation, reports, load files for document databases, tagging, annotation, queries, indices, and documentation of Services performed, in either electronic or hard copy, whether preliminary or final.
15. General Provisions.
15.1. Governing Law. This Agreement shall be governed and enforced under the laws of the State of California without regard to its conflict of laws principles.
15.2. Compliance with Laws. The parties shall comply with any and all applicable international and/or domestic federal, state or local laws, ordinances, rules and regulations applicable to its business and to secure such licenses as may be required to conduct business in the state, municipality, or location.
15.3. Assignment. Neither party may assign any rights or delegate any obligations under this Agreement without the prior written consent of the other party, provided, however, that E-STET may assign this agreement to any party which acquires E-STET or substantially all of its assets. Any assignment not permitted hereunder shall be null and void. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns. Notwithstanding the foregoing, a change of control affecting the ownership of either party shall not constitute an assignment requiring consent under this Section 15.3.
15.4. Notices. Any notice, request, demand or other communication required or permitted hereunder shall be made in writing, via email, or through the Wind platform, shall reference this Agreement and shall be deemed to be properly given: (a) when delivered personally; (b) five (5) business days after having been sent by registered or certified mail, return receipt requested, postage prepaid; (c) one (1) business day after deposit with an express courier, with written confirmation of receipt, or, in the case of email (d) upon receipt of email. All notices to E-STET shall be sent or emailed to the address below (or to such other address or person as may be designated by a party by giving written notice to the other party pursuant to this Section). All notices to Authorized user shall be sent to the billing address inputted by the Authorized User, through the Wind platform (or to such other address or person as may be designated by a party by giving written notice to the other party pursuant to this Section).
To: E-STET, LLC
Attn: Bhuvan Singh
1149 S. Hill St., Ste H-465
Los Angeles, CA 90015
15.5. Severability. If any provision of this Agreement, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties, or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, and the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.
15.6. Waiver. The waiver by either party of a breach of or a default under any provision of this Agreement shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any such right or remedy.
15.7. Relationship of Parties. This Agreement shall not be construed as creating an agency, partnership, joint venture or any other form of association, for tax purposes or otherwise, between the parties; and the parties shall at all times be and remain independent contractors. Except as expressly agreed by the parties in writing, neither party shall have any right or authority, express or implied, to assume or create any obligation of any kind, or to make any representation or warranty, on behalf of the other party or to bind the other party in any respect whatsoever. Neither party shall have any obligation or duty to the other party except as expressly and specifically set forth herein, and no other obligation or duty shall be implied by or inferred from this Agreement or the conduct of the parties hereunder. Each party will be responsible for payment of all compensation to its personnel.
15.8. Headings. The headings used in this Agreement are for convenience only and shall not be considered in construing or interpreting this Agreement.
15.9. Survival. The provisions of Section 5, “General Disclaimers” Section 6, “Limitation of Liability,” Section 8, “Intellectual Property Ownership,” Section 10, “Termination and Suspension,” Section 13, “Dispute Resolution,” and Section 15, “General Provisions,” will survive the expiration or termination of this Agreement and will inure to the benefit of and be binding upon all parents, subsidiaries, affiliates and successors of the parties.
15.10. Merger. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous proposals, discussions, negotiations, understandings, promises, representations, conditions, communications and agreements, whether written or oral, between the parties with respect to such subject matter.
15.11. Amendment. E-STET may revise this Agreement from time to time and will post the most current version on its website. E-STET will notify You of any revision to this Agreement. If you continue to use the Services after such notification, it will constitute Your agreement to the agreement as revised.
E-STET LLC is a limited liability corporation organized under the laws of the State of California, USA. E-STET LLC (“E-STET”) is engaged in the businesses of information and data management and eDiscovery and litigation support services.
“Personal data” means any information relating to an identified or identifiable natural person (“data subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
“Sensitive Personal Data” are personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and data concerning health or sex life.
“Controller” means a person or organization which, alone or jointly with others, determines the purposes and means of the processing of personal data.
“E-STET Customer” is a E-STET customer which pays E-STET for its services. Customers are primarily law firms and corporate law departments who engage E-STET for computer forensic services, digital investigations, and for the processing, hosting, analysis, and production of electronically stored information (ESI) in litigations, investigations, and corporate transactions. In the course of this work, E-STET collects or receives information from individuals and corporations in the US and globally, including in the European Union.
“Data Subject” is an identifiable natural person.
“Human resources data” refers to personal information of EU employees collected in the context of the employment relationship that is transferred into the United States. More information about Human Resources Data as it relates to the Privacy Shield may be found at https://www.privacyshield.gov/article?id=9-Human-Resources-Data
“Personal data” and “personal information” are data about a “data subject”, an identified or identifiable individual that is within the scope of the EU Privacy Directive, received by an organization in the United States from the European Union, and recorded in any form.
“Processing” of personal data means any operation or set of operations which is performed upon personal data, whether or not by automated means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure or dissemination, and erasure or destruction.
“Sensitive personal data” is data specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information concerning the sex life of an individual.
“Third Party” is an individual or organization to whom E-STET may transfer personal data or personal information. A third party may be an individual, organization, law firm, or governmental organization.
HOW E-STET USES DATA PROVIDED THROUGH ITS WEBSITE:
E-STET operates a website at www.E-STET.com. You may browse non-password-protected sections of the E-STET website without providing us with personal information. E-STET does not collect personal information such as email address when you browse. However, your browser may provide us with certain information about your computer’s browser type, operating system and IP address, your access date and time, and your referring and exiting URLs. To access certain content on the E-STET website, or to register for E-STET events or to sign up for E-STET publications, or to apply for employment online, E-STET may ask that you register on the website. Registration includes name, address, telephone number, email address, organization, and some information about your role and your organization. You may choose not to provide this information and therefore not access certain content, register for events or publications, or apply online for employment. The website provides further information for you to do these things by calling or mailing us. E-STET web servers place a small data file or “cookie” on the hard drive of your computer when you first connect to the E-STET site. The cookie allows E-STET to recognize your computer, on return visits, to study website traffic patterns, to improve our website, and to improve and develop the services that we provide. E-STET uses “web beacons” (also known as Internet tags, pixel tags and clear GIFs) that allow E-STET to collect web log information. A web beacon is a graphic on a web page or in an e-mail message designed to track pages viewed or messages opened. In using these, the website recognizes some non-personal information, such as the date and time you visited our site, the pages you visited, the type of browser you are using, and the type of operating system you are using, E-STET may also include web beacons in promotional e-mail messages in order to determine whether messages have been opened. E-STET does not track its users over time or across third party websites and therefore does not respond to Do Not Track (DNT) signals. The information that is provided to E-STET when you browse our website is used by E-STET solely for internal purposes including evaluation of site use, assessment of site performance, improvement of site content, improvement and development of E-STET products and services. E-STET does not use this information to target individuals for marketing unless you register on our website. When you register on the E-STET website for a particular purpose, E-STET uses your information for the purposes for which it was provided, which may include contacting you and providing you with the information that you have requested. You may opt out of further communication by contacting contact@E-STET.com.
HOW E-STET USES INFORMATION PROVIDED BY ITS CUSTOMERS:
E-STET collects or receives emails and files from E-STET Customers and from Data Subjects or business organizations that are provided legal representation by E-STET Customers. The emails and files themselves may contain, business data, Personal Data and Sensitive Personal Data, including Human Resources Data. E-STET uses this data solely to support the litigation or investigation it was engaged to support. The data may be viewed by attorneys who determine whether the data may be used as evidence in a US litigation or investigation. Portions of the data may be selected for Onward Transfer to Third Parties who have requested that information in the course of a litigation or investigation. Data may be used as exhibits in depositions or trials and may become part of US federal or state court records. E-STET may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
COMMITMENT TO EU-US PRIVACY SHIELD:
E-STET commits to comply with the EU-US Privacy Shield Principles and the US-Swiss Safe Harbor Framework. E-STET commits to respect the privacy concerns and regulations of any nation in which it or its clients may operate.
E-STET is subject to the investigatory and enforcement authority of the US Federal Trade Commission (FTC)
ACCESS, CHOICE, DATA INTEGRITY, SCOPE, AND DURATION:
You have the right to access your personal data, and the right to be informed of the scope, purposes and duration for which your personal data is being collected or used. To exercise that right, please contact the corporate officer or representative whose name, address, phone and email address appear below, or contact contact@E-STET.com. For access, an E-STET representative will make available to you an inventory, view or copy of the data we have in our possession within five business days. For information about scope, purpose and duration of data collected on behalf of a E-STET Customer, E-STET will acknowledge your request, will contact the E-STET Customer on whose behalf the data was collected, and will respond. You have the right to opt in or opt out of data being collected, whether collection is through our website or through a E-STET Customer transaction. To exercise that right, please contact the corporate officer or representative whose name, address, phone and email address appear below, or contact contact@E-STET.com. If the data was collected in the course of a E-STET Customer transaction, E-STET will acknowledge your request and will notify the E-STET Customer of your request. Actual time for completion of your opt-out may depend on the timetable of the E-STET Customer transaction. If the data was collected through the E-STET website, a E-STET representative will arrange for the appropriate inclusion or deletion and further opt-out requirements.
A Third Party may be an E-STET Customer or an agent of the E-STET Customer who is assisting the E-STET customer in the litigation or investigation. A Third Party may be another party to the litigation or investigation, and may include an opposing party organization or individual or governmental entity, or an agent of such who is assisting that party in the conduct of the litigation. A Third Party may be an information security or compliance specialist who inspects and tests E-STET’s data operations for security and for compliance with various security regulations and standards. A Third Party may also be an individual or organization who is a purchaser of E-STET or otherwise a successor in interest. In cases of onward transfer to third parties of data of EU individuals received pursuant to the EU-US Privacy Shield, E-STET is potentially liable. In any onward transfer of personal information pursuant to these policies, E-STET ensures that the onward transferee has copies of E-STET’s policies and procedures of its own privacy requirements for that particular matter, is compliant with the EU-US privacy shield, subjects itself by contract to the same requirements of notice, choice, transparency, security, data integrity, onward transfer, complaint and enforcement, and/or undertakes an appropriate contract with legal enforceability in the US. Included in any contract, E-STET seeks to ensure that it contains requirements for the transferee to notice E-STET and the data subject should it be unable to meet its requirements under these policies. In situations in which an onward transferee cannot meet its continuing requirements, E-STET seeks to regain control or other methods to retain compliance with these policies.
You have the right to opt in or opt out of an onward transfer of your data, whether the collection is through our website or through a E-STET Customer transaction. To exercise that right, please contact the corporate officer or representative whose name, address, phone and email address appear below, or contact contact@E-STET.com. If the data was collected in the course of an E-STET Customer transaction, E-STET will acknowledge your request and will notify the E-STET Customer of your request. If the data was collected through the E-STET website, a E-STET representative will arrange for the appropriate inclusion or deletion and further opt-out requirements. We may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
RESOLUTION OF DISPUTES:
INDEPENDENT RECOURSE MECHANISMS FOR NON-HUMAN RESOURCES DATA:
E-STET has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. Finally, and as a last resort in limited circumstances, EU individuals with unresolved complaints may seek binding arbitration before a Privacy Shield Panel INDEPENDENT RECOURSE MECHANISMS FOR HUMAN RESOURCES DATA EU individuals whose HR data we receive can first address questions or comments regarding the handling of that information directly to us at (provide contact info here or refer to it in another part of your document). We resolve to deal with all questions regarding this data and potential grievances arising from it in a timely manner. Note that under certain conditions we may, as a data processor, have to refer you to our client who is the data controller. In the event E-STET is unable to accommodate the individual’s request regarding HR data received by us within the context of the work relationship, we further commit to working with the Data Protection Authorities (DPA’s) who cover the jurisdiction the data originated from. For information on how to contact your jurisdiction’s DPA, visit http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm
E-STET commits to transparency with clients, data subjects, other data controllers, onward transferees, DPAs, its independent dispute agency at the BBB, and US regulatory authorities with information about its policies, procedures and activities with respect to notice, consent, preservation, collection, use, storage, security, transfer, disposition, continuing compliance, and/or disputes or inquiries about personal data.
E-STET self-certifies its compliance with the EU-US Privacy Shield. E-STET’s Policy Committee for International and EU Privacy Concerns is E-STET General Counsel, CISSP, E-STET Chief Operating Officer, E-STET Chief Executive Officer and E-STET Chief Business Development Officer. Contact to that team is through Chief Operating Officer, E-STET, 1149 South Hill Street, Suite H-465, Los Angeles, CA 90015.
E-STET CONTACTS REGARDING THIS POLICY AND ITS VERSIONS:
1. General Counsel: Bridgette Harris, (213) 514-2243, bharris@E-STET.com, E-STET, 1149 South Hill Street, Suite H-465, Los Angeles, CA 90015
2. Chief Operating Officer: Bhuvan Singh, (213) 662-8648, bsingh@E-STET.com, E-STET, 1149 South Hill Street, Suite H-465, Los Angeles, CA 90015
3. contact@E-STET.com is an email distribution list that includes the individuals above.
Version 1.0 June 12, 2017