PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE ACCESSING OR USING THE SITES AND/OR SERVICES. E-STET PROVIDES THE SITE AND SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. BY ACCESSING OR USING THE SITE AND SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THE SITE OR USE THE SERVICES. E-STET MAY TERMINATE YOUR ACCESS TO THE SITE AND SERVICES AT ANY TIME FOR ANY REASON, INCLUDING YOUR VIOLATION OF THESE TERMS.
You agree to provide accurate and current information on all registration forms on the Site. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity or your authority from such person or entity, or misrepresent the origin of any content posted on, or distributed through, the Site or Services.
Your Responsibility for Content and Conduct
You are responsible for any content that you post or transmit on or through the Site or Services. You will not use the Site or Services to distribute, link to, or solicit content that: (1) is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another’s privacy, or racially, ethnically, or otherwise offensive; (2) infringes someone else’s intellectual property or other rights; (3) advocates or solicits violence or other criminal conduct or violates any law, regulation, or contract; (4) constitutes unsolicited or unauthorized advertising, junk or bulk e-mail, chain letters, or any other unsolicited commercial communication, except as E-STET specifically authorizes; (5) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment; or (6) damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the Site or the Services to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications.
Copyright © 2016 by E-STET. All rights reserved. The material made available by E-STET on this Website is protected under the laws of the United States and various international laws and treaties. No portion of this Website or the material contained on it may be reproduced in any form or by any means without prior written permission from E-STET.
The names, logos, taglines and other marks identifying E-STET and its products and services are proprietary marks of E-STET. All other trademarks and service marks are the property of their respective owners.
You are responsible for all activities that occur under your passwords or account, and will keep your passwords confidential. You will immediately notify us of any unauthorized use of your passwords or account or any other breach of security. You will not disrupt the functioning of the Site or the Services, solicit another user’s password, or otherwise act in a way that interferes with other users’ use of the Site or the Services.
License of Your Content
If you post content in areas available to the general public, you are giving E-STET a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, and non-exclusive license to use, reproduce, modify, adapt, frame, brand, co-brand, and publish such content in any media now known or later developed, including the right to make the content available to the general public. If you submit summary files or other materials to the Site or E-STET, you license us to display, distribute, frame, and link to that content via the Site and otherwise. For all content licensed by you in accordance with this section, you represent and warrant to E-STET that you have all worldwide rights necessary to grant such licenses, including the license to distribute and re-distribute that content as specified above. You will provide information that we reasonably request related to any claim that content you provide infringes any rights of a third party anywhere in the world.
You understand that you use the Services and Site at your own risk. Support regarding the Software and Services is only provided on the terms of a separate agreement between you and E-STET’s officers, directors, employees, and agents and, except as provided above, E-STET is not responsible for your use of the Software, the Services, or the Site.
Links to Third-Party Sites
You are prohibited from accessing the Services and the Site and materials available over the Services or the Site from territories where such activities are illegal. You also agree to comply with all local rules applicable to you regarding online conduct and content in connection with your use of the Services and the Site.
You agree to indemnify, defend, and hold harmless ESTET, LLC. (including its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers for the Sites and Services), from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including but not limited to negligent or wrongful conduct) by you or any other person accessing the Services or the Sites using your account.
Limitation of Liability
You expressly acknowledge and agree that, to the fullest extent permitted under the law, E-STET will have no obligation or liability (whether arising in contract, warranty, tort, product liability, or otherwise) for any loss of data, revenue or profit loss of the use of money or for any incidental, indirect, or consequential damages or liabilities (whether or not foreseeable or foreseen or otherwise) arising with respect to your use of the Services or Site. The foregoing limitations apply to damages arising from (1) use or inability to use the services or site; (2) unauthorized access to, or alteration of, your transmissions by third parties; (3) third-party content made available to you through the services or site; and (4) any other matter relating to the services or site.
You acknowledge and agree that all content and materials available on the Site or through the Services are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. E-STET or its licensors own the intellectual property rights to the information and the other content on the Services and Site and their design, structure, and compilation, other than customer-provided materials.
We will treat any feedback or suggestions you provide us as non-confidential and non-proprietary. Thus, please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
Unless otherwise noted, you may view, copy, download, and print E-STET documents from the Site so long as you use them only for personal purposes and do not post, distribute, or modify them or remove any copyright, trademark, or other proprietary notices. For permission to use third-party materials appearing on the Site, please contact the owner of such materials.
Modification of These Terms and the Sites and Services
You agree that E-STET has the right to amend these Terms. If E-STET decides to make substantial changes to these Terms, we will post the changes on this page. We suggest that you periodically check the page to make sure that your understanding of these Terms is up to date. Your use of any Site or Services following such change will be deemed acceptance of the revised Terms. You also agree that E-STET has the right (for any reason and without notice) to modify or discontinue, temporarily or permanently, all or any part of the Services and the Site. Unless explicitly stated otherwise, any new or altered features on any Service or the Site is subject to these Terms.
These Terms (along with any service agreement relating to any specific Services) constitute the entire agreement between you and E-STET and govern your use of the Services and the Sites, superseding any prior agreements. The terms of the license agreement accompanying any Software govern your use of such Software. Interpretations of these Terms will be made at our reasonable discretion and based on facts known to us. Terms will be governed by California law and controlling U.S. federal law.
Our failure to enforce any right under these Terms will not waive that right. If any provision of these Terms is invalid, these Terms should be interpreted to effect the intent of the parties, and the remaining provisions will remain in effect. You must file any claim or suit related to these Terms or the Services within three years after it arises. The section titles in these Terms are for convenience only and have no substantive effect.
These terms are the whole agreement between us relating to the provision or non-provision of the Sites and the Services. Any prior representation or statement in respect thereof is hereby excluded.
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 here.
“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 the Better Business Bureau 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, click here.
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