Last Updated February 5, 2017

Social Evidence, LLC (the “Company”) recognizes and respects your expectation of privacy and security, and we are committed to safeguarding your information. In that regard, we have created this Privacy and Data Use Policy to let you know what information we collect, why we collect it, and how it is used.

If you are reading this privacy policy, it is likely because a Subscribing Attorney[1] contacted you about an ongoing legal matter in which you are involved as a party (for example, plaintiff or defendant), a person related to the party (relative or employee), or a witness.

By agreeing to have your social media information collected on behalf of your attorney, you are consenting to the practices described in this policy.

Why are We Collecting Information from You?

Social media services are a way for us to share and communicate with others about things happening to us and around us.  Sometimes, the information shared online can prove valuable in a legal case. In the same way that a photo taken just after a car accident can be valuable legal evidence of the damage, a Facebook® post of the damage to the front fender of the car can also be used to provide evidence in a legal matter.  A series of social media posts can provide an ongoing log of events in a person’s life, such as an account of visit to the doctor or comments by a social media friend who happened to be in the car.

What is Social Evidence®

Social Evidence® is software that assists attorneys to efficiently locate, collect, and review information from your social media accounts that may be relevant to your legal matter or court case.

Social Evidence was designed for attorneys and is used by subscribing attorneys and their agents in accordance with legal and ethical restrictions and guidelines.  Social Evidence does not and will not collect and review social media information without a request by a subscribing attorney or their agent.

What Kinds of Information Do We Collect?

Personal Information

“Personal Information” means any information that may be used to identify a specific individual, including, but not limited to, first and last name, an email address, phone number, social media account usernames, or other contact information, whether at work or at home. We may have been provided some of this information by you, or by an attorney (or agent of the attorney) associated with a legal case in which you are involved.

Social Media Information

“Social Media Information” means the postings and related information provided by a person to a social media service as an account holder of the social media service. Social media information includes (but is not necessarily limited to):

  • Posts of text, photos, and/or videos;
  • Information about the time or location of a post, if that information is available from the social media service;
  • Tags, comments, and expressions of feelings (for example, “likes”) about a post; and
  • Profile information that is entered by and shared by the social media service account holder.

The social media information available to us about you is restricted by the sharing and privacy settings of the services to which you belong. We DO NOT collect your social media account passwords in any manner. Generally, social media information can be “public” or “access-restricted.”

Public Social Media Information

Public social media information is the information that you have freely shared to the public in accordance with the privacy settings of a social media service. Public social media information is available to be viewed by anyone who looks at a social media user’s account. We may be able to view some of your public social media information with or without your explicit authorization. If we do view your public social media information, we will do so in accordance with the terms of use governing the relevant social media service and in accordance with the law.

Access-Restricted Social Media Information

Access-restricted social media information is controlled by a privacy or sharing setting configurable by you on a social media service. We cannot collect or view any of your access-restricted social media information unless you authorize us to do so. Permission must be requested by a subscribing attorney (or their agent) and permission must be granted by you before Social Evidence can collect access-restricted social media information. For example, you must click a link in an access request email or log into your account in the presence of a subscribing attorney or their agent for us to see your access-restricted information.

Cookies and Local Storage

We use cookies and/or Local Storage such as HTML5 for content personalization, analytics & performance, functional purposes, as well as the ability to access secure areas of our site. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

Tracking Technologies

Technologies such as cookies, beacons, tags, and scripts are used by Social Evidence, LLC to provide functionality, analyze trends, administer the site, and track users’ movements around our site.

Analytics/Log Files

As is true of most Internet sites, we gather certain information automatically and store it in log files. This information may include Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

We may refer to these categories of information collectively in this document as “Information”.

How Do We Use Your Information?

We are the vendor of the subscribing attorney, and as such we are obliged to safeguard your Information by securing it and keeping it confidential. The subscribing attorney is obligated to control the use and disclosure of your personal and social media information in regard to the legal matter to which it pertains.

We use your Information in the following ways:

  • We collect, store, arrange, combine, and display your personal and social media information in order to facilitate a subscribing attorney’s use of your Information in a particular legal matter.
  • To notify you about changes to our service.
  • To notify you about support events or security events involving your Information.
  • For internal operations, including site administration, troubleshooting, data analysis, testing and research.
  • To allow you to participate in interactive features of our service, when you choose to do so, and to ensure that content from our site is presented in the most effective manner for you and for your computer.

We DO NOT use your personal or social media information to sell, suggest, or recommend products or services to you.

Sharing and Disclosure of Your Information

Several principles guide our sharing of your information:

  • We share your personal and social media information with the subscribing attorney in accordance with the purposes above and our obligations to the subscribing attorney.
  • We engage certain trusted third parties to perform functions and provide services to us. These services may include hosting and maintenance, database storage and management, and support. These third parties may have access to your Information, but only to the extent necessary to perform their specific functions, and only to pursuant to binding contractual obligations requiring these third parties to maintain the privacy and security of your data. These third parties are required to keep the information confidential and not use it for any other purpose than to carry out the services they are performing for the Company or as otherwise required by law. These third parties may include subsidiaries, agents, vendors, suppliers, contractors, and subcontractors.
  • We DO NOT sell or share your personal or social media information with third parties for marketing or advertising purposes.
  • We may disclose your Information to other third parties in the event that:
    • We are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of service and other agreements; or to protect the rights, property, or safety of Social Evidence, LLC, our customers, or others.
    • We need to transfer the data to a third party in connection with a merger, acquisition, reorganization, or sale of our technologies, in which case the third party will be required to keep the information confidential.

Storage of Your Information

  • All of your Information is stored on secure cloud services in an access-controlled environment. Access to your Information is restricted to the subscribing attorney (and his or her agents/delegees) and others as described in “Sharing and Disclosure of Your Information”.
  • Your Information is stored because it is pertinent to a legal matter. The amount of time it is stored is governed and controlled by the subscribing attorney in accordance with legal principles. The Information will be removed from our systems within a reasonable time after the subscribing attorney instructs us to delete or archive the Information or our relationship with the subscribing attorney is terminated.
  • The data that we collect from you will be stored at a destination within the United States.

Security of Your Information

We will take all steps reasonably necessary to ensure that your Information is treated securely and remains confidential in accordance with this Privacy and Data Use Policy. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Information, we cannot guarantee its absolute security.

If we have reason to believe that your Information was compromised, we will notify you in compliance with the applicable cyber breach notification statutes of the state or territory where you reside.

Contact

Questions and comments regarding this Privacy and Data Use Policy should be addressed to support@social-evidence.com.

Mailing Address:
Social Evidence, LLC
Attn: Support
PO Box 358602
Gainesville, FL 32635-8602

 

[1] Note: In this document, “subscribing attorney” refers to an attorney who subscribes to Social Evidence for our social media collection and archiving services. The term “subscribing attorney” also encompasses any agent or delegee of the attorney or of the attorney’s law firm, such as an assistant, paralegal, investigator, employee, contractor, or other person or entity validly authorized by the attorney to use Social Evidence on his/her behalf.