On 2018-05-18 14:05:09 UTC, Deleted wrote:

imported from 2741

On 2018-05-23 12:40:46 UTC, Deleted wrote:

https://groups.google.com/forum/#!msg/tosdr/9gzWtYZQR1c/QZHqeOvTqN4J Here's Evernote email to users about their next terms.

---------- Message transféré ----------
De : "Evernote Team"
Date : 19 nov. 2012 22:37
Objet : Important Announcement from Evernote
À :

View in web browser

Evernote logo
Important Note: New Legal Page and Changes to our Contracts Coming Soon

We spend a lot of our time improving our products to make them easier to
use and more friendly. Now we’re applying that same thinking to our
Terms of Service, Privacy Policy and legal relationship with our users.
On December 4th, we will launch a new Legal Page at Evernote.com that
will collect the important legal documents relating to the Evernote
Service and our products. We are also making some important revisions to
our Terms of Service and Privacy Policy, making them easier to
understand and reflecting our expansion from our California roots. You
can review the new terms by following these links:

* Terms of Service
* Privacy Policy

If you read these new contract provisions and disagree, and do not wish
to be bound by them, then you can close your account before December 31,
2012. If you agree with us and accept these changes, then you need not
do anything; your continued use of Evernote will indicate your
acceptance of the new Terms of Service and Privacy Policy.

This post highlights the important changes to our Terms of Service and
Privacy Policy, but we first want to emphasize something that hasn’t
changed: Evernote’s Three Laws of Data Protection.

* Your data is Yours
* Your data is Protected
* Your data is Portable

These laws continue to be our core guiding principles for protecting our
users’ data. In fact, we have made a number of changes that are designed
to clarify these Laws and to provide additional information for our
users to enable them to understand how to protect their data and how we
collect and handle your data and personal information. These are the
significant changes we want to highlight for you:

Easier to Read

The first thing individuals will notice when reviewing our new Terms of
Service and Privacy Policy is that they are more conversational with
less legal jargon. We hope that the updated description of how we
operate the Evernote Service and the respective commitments between
Evernote and our users are much easier to read and understand.

A Global Company

As part of our effort to better support the needs of our users around
the world, we have established a company based in Zurich, Switzerland
called Evernote GmbH. This wholly-owned subsidiary will be managing our
business and the Evernote Service for our users who reside outside of
the United States and Canada, and will be contracting with those users
under Swiss law. The Evernote Service and all of its servers will
continue to be operated by the California-based Evernote Corporation.
For our users in the European Economic Area, this means that Evernote
GmbH is the data controller for data protection purposes.

Preparing for Evernote Business

As we announced at the Evernote Trunk Conference in August, we will soon
be launching Evernote Business. We have updated our Terms of Service to
reflect how existing Evernote Service accounts will co-exist with
Evernote Business. Existing Evernote users who are invited to join an
Evernote Business account will find that their existing account gains a
number of enhancements, most notably the ability to access and share
notebooks with others in that business. Evernote Business accounts will
be managed by an Administrator who has rights to allow or restrict an
individual user’s access to the business’ notebooks, but the
Administrator is not provided any information about any user’s personal
Evernote account. (We will not even tell an Administrator if an
individual user’s account exists.) Nor can the content in an Evernote
personal account be accessed, viewed or otherwise affected by an
Administrator.

Evernote in Schools

We’re thrilled with the number of educators and administrators around
the world who have shown interest in using Evernote in their schools, so
we have modified our contracts with respect to use by underage
individuals who might not be old enough to enter into a contract on
their own, including specific guidance for schools in the US where we
want to ensure that the requirements of the Children’s Online Privacy
Protection Act are satisfied.

Planning for the Future

We have established a policy not to disclose our users’ content to
others, even next of kin, after a user’s death or incapacity. We have
included this within our Terms of Service and encourage our users to
decide whether their content should be available to others, and plan for
this eventuality. We have also provided more guidance on the process by
which user accounts are closed and how users can delete content from
their accounts.

Resolution of Disputes

We have revamped our dispute resolution process by introducing
arbitration provisions that will enable users throughout the world to
resolve disputes they may have with Evernote more expeditiously and less
expensively.

Using arbitration to resolve claims means that users will not be
required to travel to California (or Switzerland, for Evernote GmbH
users) to file a lawsuit and appear in court and, if the amount of the
claim is less than US$10,000, the arbitration may even be done over the
phone or internet, depending upon the circumstances. In an effort to
resolve all disputes promptly, we are also including a provision that
requires both parties to use good faith to initiate the arbitration
proceeding within 30 days, with a mutually acceptable arbitrator
managing the process.

Our changes will provide users outside the US an option to have their
dispute resolved through arbitration, but under a special US law, we are
requiring users in the US to use binding arbitration as the exclusive
means for resolving disputes and to agree that such claims will be
resolved only between them and Evernote (prohibiting participation in
class actions or similar representative actions).

We feel strongly that requiring arbitration of disputes on an individual
basis will enhance our ability to work with our users to resolve
disputes, while ensuring that an individual user maintains control of
the issue raised and resolution desired – and that this will happen much
more quickly than the long months or years that class action matters
typically require. Because we are requiring arbitration for US users
(and others subject to the US Federal Arbitration Act), we will pay the
arbitration-related fees for all claims up to US$10,000 and even in
cases involving more than that amount if those fees would be prohibitive
compared to litigation costs, unless, in either case, the claim asserted
is determined by the arbitrator to be frivolous. We appreciate that this
is a significant change, so we will permit existing Evernote users who
do not agree with this change to “opt-out” of the arbitration agreement
by notifying us via the methods described in our Terms within 30 days of
December 4, 2012 (the effective date of our new Terms).

Please Read Everything

We strongly encourage everyone to read our new contract terms carefully,
in their entirety. The content placed into Evernote is important, and
all of our users should feel completely comfortable entrusting it to the
Service. This post does not describe all of the changes to the Terms of
Service and Privacy Policy and is not, after all, our contract with our
users. The provisions in our Terms of Service, Privacy Policy and the
other documents are the binding contract terms. We hope our users agree
that these terms are an improvement and, as always, we welcome input and
feedback. Thank you for your support.

The Evernote Team





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For support
requests,
please contact
us by going to
our support
page.
Evernote
Corp., 305
Walnut Street,
Redwood City,
CA 94063, USA



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On 2018-05-30 12:50:24 UTC, Deleted wrote:

imported status as declined