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Privacy Statement

Our Commitment to Privacy

Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our website and at every point where personally identifiable information may be requested.

Privacy Shield

As an international provider of electronic discovery and related services, NightOwl Discovery places the highest level of attention to ensuring the security of data entrusted to us by our clients. We respect individual privacy rights and have established internal protocols to assure that our security and privacy practices and procedures comply with US and International law.

NightOwl Discovery has committed to comply with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework, as set forth by the US Department of Commerce for the collection, use and retention of personal information transferred from the European Union or Switzerland to the United States. NightOwl has certified that it complies with each of the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability. In the event of any conflict between the provisions of this Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the EU-US Privacy Shield program, and to view our certification, please visit www.privacyshield.gov.

NightOwl’s participation in the EU-US Privacy Shield framework and the Swiss-US Privacy Shield framework applies to all personal data that is subject to a Privacy Policy and is received from the European Union, European Economic Area, and Switzerland. NightOwl will comply with the Privacy Shield Principles in respect of such personal data. The Federal Trade Commission has jurisdiction over NightOwl’s compliance with this policy, the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework.

The following Privacy Shield Privacy Policy (the “Policy”) describes the principles we agree to follow with respect to the collection, preservation and transfer of personal data from the European Union (“EU”), the European Economic Area (“EEA”) and/or Switzerland to the United States for electronic data discovery processing, Web hosting, and related services.

Background

The European Parliament and the Council of the European Union adopted Directive 95/46/EC on Data Protection to set standards for the security and transfer of personal data. The Data Directive limits the transfer of personal data to countries outside of the EU for processing to only those countries that can ensure an adequate level of protection for an individual’s personal data. Swiss data protection law imposes similar limits on the transfer of personal data outside of Switzerland. The United States Department of Commerce, in consultation with the European Union, and separately with Switzerland, has developed the Privacy Shield framework regarding personal data privacy and security that, when followed, permit an organization to certify that it provides adequate protection for the transfer of EU personal data to the US for processing. NightOwl commits to follow the Privacy Shield Principles with respect to all personal data received from any individual or entity in the EU, the EEA or Switzerland.

Definitions

The Information We Collect

This notice applies to all information collected or submitted on the NightOwl Discovery website and online application portals. On some pages, you can make inquiry requests, and register to receive materials. The types of personal information collected at these pages include:

The Way We Use Collected Information

We use the information you provide about yourself only to fulfill your request. We do not share this information with outside parties except to the extent necessary to complete the request. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties. Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

As an eDiscovery company, the majority of the data we collect and store is provided to us by our clients. Any data received from our clients is used solely for the business purpose defined in our agreements with our clients. It is not shared with third parties unless agreed upon with our clients. Any individual who is attempting to access data provided to NightOwl by a client in order to correct, amend, or delete inaccurate data should contact the client directly. Any individual who would like to request any limits on sharing or use of their data should contact the client directly.

Our Commitment to Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access to any system.

Notice and Choice

When acting as a data processor within the meaning of the Data Directive, NightOwl Discovery reserves the right to process personal information on behalf of and under the direction of our corporate and legal clients without providing notice to individuals or Data Protection Authorities to the extent permitted by EU General Data Protection Regulation (GDPR) Articles and the Privacy Shield Principles. When collecting data in the EU and/or Switzerland, NightOwl acts on behalf of and under the direction of our law firm and/or corporate clients, to collect only data relevant to the litigation or other legal matter at hand. Individuals and business entities from which we collect data are provided with information regarding the purpose for which data is being collected, how it will be used and the type of non-agent third parties, if any, to which we disclose personal information. These individuals or entities are also provided with information about the choices and means offered by the data controller for limiting the use or disclosure of their personal data.

Limits on Disclosure and Transfer

NightOwl limits access to personal data to those persons within the organization, or agents of NightOwl, who have a specific business purpose for maintaining and processing such personal data. Individuals who have been granted access to personal data are aware of these responsibilities to protect the security, confidentiality and integrity of that information and have been provided training and instruction on how to do so. NightOwl takes appropriate measures to protect the security of personal data in order to ensure it is only accessed for its intended use.

NightOwl will not disclose an individual’s personal data to any third party without the consent of our law firm or corporate clients unless one or more of the following are true:

NightOwl limits disclosure of personal data to employees and other EU-US Privacy Shield and Swiss-US Privacy Shield participants that have a specific business purpose for collecting, maintaining and processing such personal data. NightOwl Discovery may disclose personal data as required by law or regulation. NightOwl Discovery may also disclose personal data to law enforcement officials in response to a lawful request made pursuant to national security interests or law enforcement requirements.

Access

NightOwl agrees, when it is acting as a data controller, to offer individual citizens of the EU, EEA or Switzerland with access to their personal data for purposes of correcting, amending or deleting inaccurate information unless the cost or burden of providing the access and changing or deleting the data proves unreasonable in view of the risk to the individual’s privacy. A reasonable fee compensating NightOwl for resource use related to accessing, changing or deleting the personal information may be imposed. NightOwl may determine the form of the disclosure. From time to time NightOwl may deny access requests as allowed by the EU-US Privacy Shield and GDPR.

Security

NightOwl takes reasonable precautions to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. Our security measures include physical, electronic, workflow and managerial protocols to safeguard and secure the personal data we process.

Data Integrity

NightOwl processes personal information only in ways that are compatible with the purpose for which the data was collected or subsequently authorized by the individual. We take reasonable steps to ensure information is relevant to its intended use and remains accurate, complete and current.

Compliance

NightOwl will follow any advice given by the Data Protection Authorities, including remedial or compensatory measures for individuals affected by non-compliance, and will provide the Data Protection Authorities with written confirmation that such corrective action has been taken, subject to the Company’s right to dispute the requested actions or remedial measures with the Federal Trade Commission.

Enforcement

Pursuant to the EU-US and Swiss-US Privacy Shield’s recognized approach of self-assessment, NightOwl understands and agrees that individuals shall have the opportunity to directly submit written complaints regarding our handling of their personal data. We will review all complaints received in writing for purposes of determining whether our preservation and storage of the individual’s data has been consistent with our Privacy Policy. If we determine that any actions we have taken are in fact inconsistent with our Policy, we will immediately take appropriate steps to remedy the issue we may have caused. Any European Union citizen or Swiss individual with inquiries or complaints regarding this Policy and/or his/her personal data should first contact NightOwl at privacy@nightowldiscovery.com.

NightOwl is committed to provide an independent recourse mechanism by which each individual’s complaints and disputes can be investigated and expeditiously resolved. NightOwl has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute resolution provider, Judicial Arbitration and Mediation Services, Inc. (JAMS). If you do not receive acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information.

Finally, should we at any time find that an internal process causes us to be in breach of our Privacy Policy, NightOwl Discovery will take immediate action to alleviate the issue. Should we determine that any employee of NightOwl Discovery has failed to adhere to the terms of this Policy, such employee may be subject to disciplinary action up to and including termination.

Amendments to this Privacy Policy

NightOwl Discovery may amend this Privacy Policy from time-to-time by posting a revised Policy on its website, located at http://www.nightowldiscovery.com. Any amendments will be in a manner consistent with the requirements of the EU-US and Swiss-US Privacy Shield and other applicable laws. This Policy was last updated June, 2018.