Last Updated: 31-May-11
YouSendIt, Inc. ("YouSendIt") has been awarded TRUSTe’s Privacy Seal signifying that this privacy policy and practices have been reviewed by TRUSTe for compliance with TRUSTe’s program requirements located at http://www.truste.com/privacy_seals_and_services/consumer_privacy/privacy-programs-requirements.html including transparency, accountability and choice regarding the collection and use of your personal information. TRUSTe’s mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions.
YouSendIt provides managed file sharing, syncing, and transmission services which enable users to access, store, send, receive, edit, sync, share, and append electronic signatures to, User Files (defined below) via YouSendIt’s proprietary platform (any and all of the foregoing, the "Services"). The Services include our website www.yousendit.com and its sub domains (collectively the "Site"), our software plug-ins, tools and applications (including any updates, new versions or new releases thereof) including, but not limited to, our Zosh by YouSendIt App (each a "YouSendIt Application").
We provide this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of the personal information we receive from users of the Services. If you have questions or concerns regarding this Privacy Policy, you should first contact YouSendIt at legal@yousendit.com or at the following address: Privacy Matters c/o YouSendIt, Inc., 1919 South Bascom Avenue, 3rd floor, Campbell, California 95008. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact TRUSTe by visiting http://watchdog.truste.com/pvr.php?page=complaint.
We may update this Privacy Policy from time to time and will handle your information in accordance with the version that was in place when you submitted it. We will notify you of any changes by posting the new Privacy Policy on the Site. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on the home page of the Site prior to the changes taking effect. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our YouSendIt Terms of Service.
As used in this policy, the terms "using" and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including without limitation collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Our primary goals in collecting information are to provide and improve the Services and the related features and content, to administer your subscription and to enable users to enjoy and easily navigate the Site. Below are the types and categories of information that we collect. As used herein "User Files" means the files and folders (including any information or data therein) users may store, send, receive, edit, sync, share, or otherwise organize or manage, and to which users may append electronic signatures, via use of the Services.
Log Data. When you visit the Site or use the Services, whether as a registered user or a non-registered user just browsing, our servers automatically record information about your use of the Services and your visit to the Site ("Log Data"). This Log Data includes the size and name of all User Files that you make available via the Services. The Log Data may also include information such as your computer’s Internet Protocol ("IP") address, your browser type, what YouSendIt Application you were using, the web page you were visiting immediately prior to visiting our Site, pages of our Site that you visited, the time spent on those pages, information you searched for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Services and for the Site’s technical administration, to improve our Services’ functionality and user-friendliness, and to better tailor them to our users needs. We also use this information to verify that users of the Services meet the criteria required to process their requests. Because the names of the User Files you submit are not treated as Personal Information, we recommend that you do not include any personally identifiable information in the User Files that you make available via the Services.
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Like many web sites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your registration ID and login password for future logins to the Site. Second, we utilize session cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by YouSendIt users and general web traffic on the Site. We link the information we store in cookies to the Personal Information you submit to us while you are on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you close your browser. We may also use "pixel tags," "web beacons," "clear GIFs" or similar means (individually or collectively "Pixel Tags") in connection with our Site to collect usage and geographical location data. A Pixel Tag is an electronic image, often a single pixel that is ordinarily not visible to users and may be associated with cookies on a user’s hard drive. Pixel Tags help us to determine the effectiveness of promotional or advertising campaigns and allow us to deliver targeted advertising to you regarding our Services when you visit the websites of our advertising partners. Third party advertisers on the Site may also place or read cookies on your browser. YouSendIt does not have access to or control of any cookies that its advertisers may store in your browser and this Privacy Policy does not apply to the use of cookies by advertisers.
You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the web sites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all the functionality of the Services.
We partner with third party ad networks to manage our advertising on other web sites. Our ad network partners use cookies and Pixel Tags to collect non-personally identifiable information about your activities on this Site and other web sites to provide you targeted advertising on the other web sites you visit based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out of the use of your information for such purposes by the certain ad networks included in TRUSTe’s "Trusted Ads Opt-out Manager" list by clicking here http://preferences.truste.com. Please note that according to TRUSTe, using its Trusted Ads Opt-Out Manager does not opt you out of being served advertising and you will continue to receive generic ads.
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As part of the Services, YouSendIt’s registered users may send a User File, or a notice of a shared User File, to one or more recipients identified by a valid email address. The message created by the YouSendIt registered user will be sent from YouSendIt on the YouSendIt registered user’s behalf to the email addresses the YouSendIt registered user enters into the online form. These email addresses will be stored in the address book the YouSendIt registered user creates and will be used only for the purpose of sending the email communication to the addressee.
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Identity theft and the practice currently known as "phishing" are of great concern to YouSendIt. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s web site.
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Other than as described in this section, YouSendIt does not rent or share information about you with third parties.
Blog Comments. YouSendIt users can post comments to the YouSendIt blog portion of the Site located at http://blog.yousendit.com/. Any information you choose to provide in a comment should reflect how much you want other YouSendIt users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage you to think carefully about what information about yourself you disclose in your comments. We are not responsible for any personally identifiable information you choose to submit in a comment and will not treat such information as Personal Information for the purpose of this policy. To request removal of your Personal Information from our blog or community forum, contact us at support@yousendit.com. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Service Providers. We may employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf and to perform Site-related services ("Service Providers"). The types of Services Providers we use include, without limitation, service providers that provide the following types of services: credit card transactions, accounting, customer relationship management, webcasting, web site maintenance, database management, web analytics and web and live chat hosting. Our Service Providers have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Compliance with Laws and Law Enforcement. YouSendIt cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you and your User Files to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect the property and rights of YouSendIt or a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical. YouSendIt employees or representatives may access, but not view the contents of, your User Files when acting on behalf of YouSendIt to comply with a legal obligation, such as responding to a search warrant.
Business Transfers. YouSendIt may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. If YouSendIt is involved in such a transaction, you will be notified via email and/or a prominent notice on our Site of any choices you may have regarding your Personal Information.
Corporate Accounts. If you are an individual YouSendIt registered user, and the domain of the primary email address associated with your YouSendIt account is a domain owned by your employer and that email address was assigned to you as an employee of that organization, and that organization establishes a corporate account with YouSendIt and adds you to that account, then certain information concerning past use of your individual account may become accessible to the administrator of that corporate account, such as the text and subject of messages you have sent, the name and content of the User Files you have sent, the date and time messages were sent, and the email addresses of the recipients; provided, however, that such information with respect to User Files that have expired or that have been deleted by you will no longer be accessible to you or to such administrator.
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General. As used herein "Standard Service" means our Services except for those provided in connection with the Zosh by YouSendIt App. All YouSendIt registered users of our Standard Service may review, update or correct the Personal Information in their registration profile ("Account Information") by logging into their account and changing the "user preferences" associated with their account. Users of the Zosh by YouSendIt App are able to reset their passwords by initiating a password reset within the application.
Retention and Deletion. YouSendIt may retain your Account Information indefinitely as required by law or for legitimate business purposes, regardless of whether you have disabled your account as stated above. When you use our Standard Service by default your User Files are deleted from our systems within approximately seven (7) days after you make them available via the service. When you purchase a subscription to our Standard Service your User Files will be stored on our systems according to the “user preferences” you set for the file, if any. Users of the Zosh by YouSendIt App may delete their documents from our servers by selecting the relevant documents for deletion via the Zosh by YouSendIt App.
YouSendIt will retain Log Data consistent with applicable legal requirements. Generally, at a minimum, YouSendIt will retain the Log Data collected from you in its active, internal company databases for up to six months, at which point it will migrate such Log Data to its offline archival systems, where YouSendIt will retain the Log Data for a period of three years (together, the "Retention Period"). After the Retention Period, YouSendIt will purge the Log Data from its systems. In the event of an investigation by law enforcement or a response to claims or legal process, we may retain the Log Data until such investigation or process is completed, which may be longer than the Retention Period.
If as a YouSendIt registered user you wish to disable your account or request that we no longer use your information or provide you services contact us at optout@yousendit.com. You may also disable your account for our Standard Service by submitting a Support Request to Customer Service.
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YouSendIt takes safeguarding your information very seriously. We employ generally-accepted, industry-standard administrative, physical and electronic measures designed to protect the Personal Information submitted to us from unauthorized access, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic data storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable laws related to security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
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Your information may be transferred to “and maintained on” computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, you should be aware that YouSendIt transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to such transfer.
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Our Services contain links to other web sites. If you choose to visit an advertiser by clicking on a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s web site. The fact that we link to a web site or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party web sites. These other web sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other web sites you visit.
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The Services are not directed to children under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy@yousendit.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
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We post YouSendIt user testimonials on our Site which may contain Personal Information such as the YouSendIt user’s name. We do obtain the YouSendIt user’s consent to the posting of his or her name along with the testimonial prior to posting the testimonial.
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If you have any questions about this Privacy Policy, please contact us at legal@yousendit.com or at: Privacy Matters c/o YouSendIt, Inc., 1919 South Bascom Avenue, 3rd floor, Campbell, California 95008.
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