(Last Updated June 16, 2021)

Terms of Service

These Terms of Service define the relationship between you, the user, and Social Evidence, LLC (“Social Evidence”) and what we expect from each other.

These Terms of Service explain how Social Evidence’s business operates, the laws that apply to Social Evidence and, specifically, how Social Evidence obtains, stores, processes, and disposes of data. These Terms of Service define Social Evidence’s relationship with you as you use our service.

These Terms of Service are broken down into the following subject areas: 

  • What you can expect from us lays out how we provide our services;
  • What we expect from you lays out specific rules for using Social Evidence services;
  • Content in Social Evidence services lays out the property rights to the content used in our services and whether that content belongs to you, Social Evidence, or other third parties; and
  • Issues or disputes lays out your legal rights and expectations in the event of a violation of these Terms of Service.

It is important that you review and understand these Terms of Service. By using Social Evidence’s services, you agree to these Terms of Service.

Social Evidence also publishes its Privacy and Data Use Policy for Social Media Account Holders here.

Social Evidence, LLC is organized under the laws of the State of Florida and operates under the laws of the United States. Its address is 2727 NW 58th Blvd., Gainesville, FL 32606

Your relationship with Social Evidence

These Terms of Service define the relationship between you and Social Evidence. In general, you agree to abide by these Terms of Service when using Social Evidence’s services.

What you can expect from us.

Social Evidence provides users with a streamlined and simplified platform to provide aggregated social media information to subscribing attorneys and their agents for review and analysis in connection with an ongoing legal matter.

What we expect from you.

You may continue to use our services as long as you meet your responsibilities in these Terms of Service. Although you may user our services, Social Evidence retains all intellectual property[1] rights we have in the services.

Permission to use your content

Our services are designed to let us collect your social media content. By using Social Evidence’s services, you agree that you have the necessary rights to such context, that it is lawful, and that we have the right to collect, analyze and process your content.

License

Your content remains yours, which means that you retain any intellectual property rights that you have in your content relative to Social Evidence. This license does not modify your intellectual property rights relative to any other persons or entities.

We need your permission if your intellectual property rights restrict our use of your content. You provide Social Evidence with that permission through this license.

What’s covered

This license covers your content if that content is protected by intellectual property rights.

What’s not covered

This license doesn’t affect your privacy rights — it’s only about your intellectual property rights

Scope

This license is:

  • worldwide, which means it’s valid anywhere in the world
  • non-exclusive, which means you can license your content to others
  • royalty-free, which means there are no fees for this license

Rights

This license allows Social Evidence to:

  • collect your content;
  • host, reproduce, analyze, and use your content — for example, to create duplicates of your content for archival legal review;
  • modify and create derivative works based on your content, such as reformatting or translating it; and
  • sublicense these rights to:
    • other persons or entities, including agents of Social Evidence and attorneys that subscribe to Social Evidence’s services, to allow the services to work as designed, such as allowing subscribing attorneys and their agents to review and analyze your content;
    • our contractors who’ve signed agreements with us that are consistent with these terms, only for the limited purposes described in the Purpose section below

Purpose

This license is for the limited purpose of:

  • operating and improving the services, which means allowing the services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze your content to recognize discrete features or patterns in data, such as determining photos can be thematically aggregated. This analysis occurs as the content is sent, received, and when it is stored.
  • developing new technologies and services for Social Evidence consistent with these terms

Duration

This license lasts for as long as the matter in connection with which your content was collected remains pending.

Content in Social Evidence’s services

Your content

Social Evidence’s services are designed for use by subscribing attorneys in connection with ongoing legal matters. In most instances, your content will be used for private purposes by the subscribing attorney and his/her agents, and the attorneys of the other parties, in connection with ongoing legal matters except to the extent that your content is used in court filings and proceedings which, in most instances, are publicly available.

Social Evidence content

Social Evidence’s services include content that belongs to Social Evidence such as the designs of the services, logos, branding, and other visual elements. Social Evidence retains all intellectual property rights in our content.

Issues or disputes

The law grants you certain rights like (1) service of a certain quality and (2) ways to resolve problems if things go wrong. These Terms of Service do not modify, limit, or remove any of those rights.

Warranty

Social Evidence provides services using reasonable skill and care. If we don’t meet the quality level described in this warranty, you agree to tell us and we’ll work with you to try to resolve the issue.

Disclaimers

Our commitments to you with regard to our services are as described only in the Warranty section and consistent with applicable law. We make no other commitments about our services. Additionally, unless required by law, we do not provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Liabilities

These Terms of Service only limit our responsibilities as allowed by applicable law. These Terms of Service to not limit Social Evidence’s liability for types of liability specifically granted in law.

Other than the rights and responsibilities described in this section titled Issues or Disputes, we are not responsible for other losses, unless they’re caused by our breach of these terms.

Settling disputes, governing law, and courts

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

Mailing Address:
Social Evidence, LLC

2727 NW 58th Blvd.

Gainesville, FL 32606

Florida law will govern all disputes arising out of, or relating to, these Terms of Service, or any of Social Evidence’s services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Alachua County, Florida, USA and you and Social Evidence consent to personal jurisdiction in those courts.

To the extent that applicable local law prevents certain disputes from being resolved in a Florida court, then you can file those disputes in your local courts. Likewise, if applicable local law prevents your local court from applying Florida law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, state, or other place of residence.

About these Terms of Service

By law, you have certain rights that can’t be limited by a contract like these Terms of Service. These terms do not intend to restrict those rights.

These terms describe the relationship between you and Social Evidence. They don’t create any legal rights for other individuals or organizations, even if others benefit from that relationship under these terms. The rights of other individuals or organizations, however, may be laid out in separate documents outlining those rights.

If it turns a particular portion of these Terms of Service is found by a court to not be valid or enforceable, this will not affect any other terms.

If you don’t follow these Terms of Service, and we don’t take action right away, we retain any rights that we may have, including taking action in the future.

We may update these Terms of Service (1) to reflect changes in our services or how we do business — for example, when we add new services, features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.

If we materially change these terms or service-specific additional terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements.


[1] intellectual property rights (IP rights) Rights over the creations of a person’s mind, such as inventions (patent rights); literary and artistic works (copyright); designs (design rights); and symbols, names, and images used in commerce (trademarks). IP rights may belong to you, another individual, or an organization.

Privacy and Data Use Policy

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 in relation to an ongoing legal matter, you are consenting to the practices described in this policy.

Why are We Collecting Information from You?

Social media services are a way for individuals to share and communicate with others.  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.

This service provides a mutual benefit to you, the parties to an ongoing legal matter, and the courts. We collect information in support of an ongoing legal matter with minimal inconvenience to you and maximum safeguards to ensure that the information collected is accurate and unaltered.

What is Social Evidence™?

Social Evidence™ is an application that assists attorneys to efficiently locate, collect, review, and preserve information from your social media accounts that may be relevant to an ongoing legal matter.

Social Evidence 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, or to comply with an order issued by a court.  Moreover, Social Evidence will not collect access-restricted social media information without your permission.

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 an ongoing legal matter.

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.

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. Social Evidence 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), or ordered by a court, and permission must be granted by you before Social Evidence can collect access-restricted social media 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 ongoing 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 and their agents’ use of your Information in a particular ongoing 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 and their agents 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 their agents and others as described in “Sharing and Disclosure of Your Information”.
  • Your Information is stored because it is pertinent to an ongoing 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.

Deletion of Your Information

Information collected by Social Evidence, LLC may be pertinent to an ongoing legal matter. For that reason we may not be able to immediately comply with requests for deletion of your information absent consent by the parties to an ongoing legal matter or a court order. All requests for deletion of your information are directed to a member of our staff via: DeletionRequests@social-evidence.com. A member of our staff will review your requests, the status of the ongoing legal matter to which your information is relevant which may involve outreach to the parties to the ongoing legal matter, and provide you a response in writing within forty-eight (48) hours of receiving all pertinent data. If deletion is approved, a member of our staff will work with our technical teams to ensure that your data has, in fact, been deleted and provide confirmation of deletion within seven (7) business days.

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, including regular cybersecurity hygiene, vulnerability management, periodic audits of our systems by independent third parties, and a robust insider threat prevention program, 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 legal@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.