Privacy Policy

Effective Date: July 23, 2008

Evernote Corporation values the privacy of those who use our web site, products and services and makes all commercially reasonable efforts to protect it. This Privacy Policy covers the collection, use and disclosure of personal information that may be collected any time you interact with Evernote, such as when you visit our web site, use or purchase our products and services, or communicate with Evernote employees. Please read the following to learn more about what information we collect, what we do with that information, and how we may use your personal information.

Information Collection and Use

The primary reason that we collect certain personal information is to provide the best possible level of customer service. It enables us to deliver product announcements, software updates and special offers as well as provide convenient and personalized user access and improve the features and usability of our products. Registered Evernote users can view and change their personal information at any time by visiting the Evernote account information page by signing in at www.evernote.com and clicking on the "Settings" link. Unregistered users may still be able to use certain Evernote web sites and services, in which case no personal information is collected.

Evernote may collect information and use it for internal business purposes in a number of situations, for example:

• Personal information such as name, e-mail address, contact preferences, which Evernote products and services you use, and transactional information such as your credit card number — to deliver and support our products and services;
• Demographic information such as your occupation and where you use your computer and mobile devices — to improve our understanding of our customer needs;
• Tracking information about your visit from the browser or Evernote application on your computer or mobile device, including IP address, cookies and the pages you request — to analyze trends, administer the site, track your navigation of the site, deliver relevant advertisements and gather broad demographic information for aggregate use (note that IP addresses are not linked to "personally identifiable information"); and
• Aggregate information from multiple users without personally identifying individuals, such as geographic region, which we may share with our business partners — to improve understanding of customer needs and provide relevant services.

You may elect to terminate your participation in the services at any time and/or delete information and material you have posted to any notebook. If you cancel your account, or delete any notebook or notebook content, it will no longer be accessible to you or others who may access the service, but there may continue to be residual copies of such information due to the nature of the computer system's operation and ongoing data back-up and archiving.

Your Evernote Username and related information

The Evernote web site allows you to create an "Evernote Username" based on your personal information. This is required in order to take full advantage of the Evernote services and any downloadable software products. It also allows Evernote to provide more personalized and convenient service and saves time when you want to use the Evernote services, update your software or settings, or search for Evernote-related information.

Public information

Certain portions of the Evernote web sites and services are open to any online viewer, such as user notebooks designated as "public," and our user forum. Any information that you post in these locations can be read, collected and used by anyone, and could enable others to send you unsolicited messages. Evernote enables you to determine whether or not to post personal or otherwise sensitive information to publically accessible areas of our site, and so you should carefully consider how you use the services. Evernote is not responsible for any publication or use of any personal information you choose to post in these locations.

Information disclosure to third parties

When you post information to the Evernote sites, you are granting Evernote permission to use and take other actions with respect to such information (as described in the Terms of Service), in order to provide Evernote's services. We do not share, sell, rent or otherwise distribute this information to others, except as disclosed in this Privacy Policy. Evernote may share your information with others outside of Evernote under the following circumstances:

• We have your explicit consent to share the information;
• We need to share your information to fulfill your product or service request;
• We wish to contact you with information about products and services from our business partners, which we may do unless you "opt-out" of such communications by contacting us via the contact form, or by clicking the unsubscribe link found within Evernote email updates;
• We have a good faith belief that sharing or otherwise permitting access, disclosure, use or preservation of such information is reasonably necessary in order to comply with our legal obligations;
• You have explicitly requested information from Evernote business partners, in which case it will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply;
• We believe it is necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud or potential threats against persons or property;
• We believe it is necessary to investigate potential violations of our Terms of Service, or to enforce those Terms of Service; or
• We have a relationship with an affiliate or partner that you have an online or off-line (non-Internet) relationship with, or have visited the affiliate or partner's web site that links to or mentions Evernote's web site, and have registered for Evernote's online services through the partner or affiliate's program or web site.

Cookies

Cookies are small data files that a web site you visit may save on your hard drive that usually includes an anonymous unique identifier. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your e-mail address. The Evernote web site uses cookies for user authentication, keeping track of your preferences, promotional campaigns that require user identification, keeping track of our audience size and traffic patterns, and in certain other cases.

You can configure your browser to accept cookies, reject cookies or notify you when a cookie is being used. However, if you configure your browser to reject cookies, you may not be able to use Evernote products or services that require you to sign in or take advantage of all the features of Evernote.

Evernote may allow third party business partners that display advertisements on some of our web pages to maintain their own cookies on your computer. These business partners do not have access to Evernote's cookies and their use is subject to their own privacy policies.

Links

The Evernote web site and services may contain links to other sites. Evernote is not responsible for the privacy policy or other practices employed by web sites linked to, or from, our web site nor the information or content contained therein. This privacy statement applies solely to information collected by this web site.

Data Security

Evernote is committed to protecting the security of your information and takes reasonable precautions to protect it. However, Internet data transmissions, whether wired or wireless, cannot be guaranteed to be 100% secure and as a result we cannot ensure the security of information you transmit to us; accordingly, you acknowledge that you do so at your own risk. Once we receive your data transmission, we make all commercially reasonable efforts to ensure its security on our systems:

• Your Evernote password is protected by encryption and only you have access to it;
• Your personal information and data stored in our systems is protected by various physical, electronic and procedural safeguards. It is housed in a secure facility and Evernote restricts physical and network access to this facility to select trained staff and regularly evaluates its technologies, facilities, procedures and potential risks to maintain the security and privacy of our users' data. As a rule, Evernote employees do not monitor or view your personal information or content stored in the Evernote service, but it may be viewed if we learn that our Terms of Service may have been violated and confirmation is required, or we otherwise determine that we have an obligation to review it; and
• Certain Evernote services support the use of standard SSL encryption to protect data transmissions. However, this is not a guarantee that such data transmissions cannot be accessed, altered or deleted due to firewall or other security software failures.

If Evernote learns of a security system breach we may attempt to notify you and provide information on protective steps, if available, through the e-mail address that you supplied during registration or posting a notice on our web site. Depending on where you live, you may have a legal right to receive such notices in writing. To request written notice of any security breach in writing, please send an e-mail with your request and mailing address to compliance AT evernote.com or via postal mail to the address in the Contact Us section below.

Children

Evernote complies with the U.S. Federal Trade Commission (FTC) Children's Online Privacy Protection Act (COPPA), which requires us to inform parents and legal guardians about how we collect, use and disclose personal information from children under 13 years of age.

Evernote is not currently directed to children and we currently require users to verify that they are at least 13 years of age upon registration. We will not knowingly collect personal information relating to children under 13 years of age, and if we learn that we have inadvertently done so, we will promptly delete it.

International Users

Evernote abides by the safe harbor framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected from the European Union. The following link provides more information about the U.S. Department of Commerce Safe Harbor Program.

Changes and Updates

As this Privacy Policy may be updated from time to time, we will revise and display the effective date at the top of the web page. You should periodically review it to keep abreast of our plans and procedures to protect the personal information that we collect. Your continued use of the Evernote services constitutes your agreement to this Privacy Policy and any updates.

If Evernote should ever sell its assets, merge with another entity or file for bankruptcy, information collected from this web site and in the operation of the services may be transferred as assets of Evernote.

Contact Us

Evernote welcomes your feedback regarding this Privacy Policy and our Terms of Service. If you have questions, comments, or concerns about either one, please contact us by e-mail at compliance AT evernote.com or postal mail at: