Privacy Policy

1. Who we are

Expert Evidence, Inc. ("Expert Evidence", "we", "us") is an Illinois corporation. We provide software that captures and preserves web and social media content for use as evidence.

This policy explains how we handle personal information when you visit our websites, contact us, sign up for or use our Services, attend our events, engage us for consulting or expert witness services, or appear in content a customer captured using our Services.

2. Our two roles

For account, billing, support, website, marketing and security data, we decide how the data is used. We are the "controller" under UK and EU data protection law and the "business" under US state privacy laws. This policy describes that use.

For content our customers capture (web pages, social media posts, videos, files, notes and related metadata, together "Customer Content"), our customer decides how it is used. We are the "processor" or "service provider", and we handle it only on the customer's instructions and under our agreement with them, including the data processing terms in our Terms of Service. The customer's own privacy notice describes what it does with that content. If you have a question about Customer Content, please contact the customer who made the capture.

When we provide consulting or expert witness services, we may receive case materials that contain personal information. We use them only for the engagement and handle them as the engagement, any court or tribunal order and the law require. Where we give an independent expert opinion, we may act as a controller of the materials we rely on, and we keep them as long as needed for the matter and any related proceedings.

3. What we collect and why

We collect the following personal information. We do not sell personal information.

Account information: name, work email, phone number, employer, job title and login details. We use it to create and manage accounts, verify that users are professionals, and keep a record of which user made each capture. Legal basis (UK/EU): contract and legitimate interests.

Billing information: billing contact, address, tax ID, the last four digits of a card, and payment history, received from you and our payment processor. We use it to charge fees, prevent fraud and keep tax records. Legal basis: contract and legal obligation.

Activity records: which user captured, viewed, exported or deleted what, when, and from which IP address. We use them to keep the chain of custody, produce Certificates, keep the Services secure, and support testimony when a customer asks. Legal basis: contract and legitimate interests.

Device and usage information: IP address, browser, device, pages viewed, features used and error logs, collected through cookies and logs. We use it to run, secure and fix the Services. Legal basis: legitimate interests, and consent where required for non-essential cookies.

Support and communications: emails, chats and call notes. We use them to answer requests and improve support. Legal basis: contract and legitimate interests.

Sales and marketing information: name, work contact details, company and event attendance, from you, events, public sources and business contact providers. We use it to send product news and invitations to business contacts. Legal basis: legitimate interests, and consent where required (for example, for email marketing in the UK and EU).

Legal and compliance records: records of legal requests, consents, complaints and sanctions screening. We use them to meet legal duties and defend claims. Legal basis: legal obligation and legitimate interests.

We do not ask for sensitive personal information about customers or users, and we do not use biometric technology such as face recognition. We do not make decisions about people based solely on automated processing that have legal or similarly significant effects.

4. Who we share it with

We share personal information only with:

1. service providers and sub-processors that host, secure, support or bill for the Services, under contracts that limit their use of the data. We provide a list of current sub-processors on request and give customers notice of new ones as our Terms of Service describe;
2. your organization, if it administers your account;
3. people a customer chooses to share Captures or Certificates with, such as courts, opposing parties and clients. That sharing is under the customer's control;
4. our professional advisers, such as lawyers, auditors and insurers;
5. a buyer or successor in a merger, acquisition, financing or sale of assets;
6. others where the law requires it or for safety, as described in Section 5.

5. Requests from law enforcement and others

We may disclose personal information or Customer Content to governments, law enforcement agencies, courts, litigants or others if we believe in good faith that the law or legal process (such as a subpoena, court order or warrant) requires it, or to protect anyone's safety, our rights or the Services. Where we can, we may refer requests for Customer Content to the customer who controls it. Where the law allows and it is practical, we may tell the customer before disclosing. Requests go to [email protected].

6. International transfers

We are based in the United States. We and our service providers may store and process personal information in the United States and other countries. If you are in the UK, the EEA or Switzerland, we protect these transfers with appropriate safeguards, such as the European Commission's Standard Contractual Clauses, the UK International Data Transfer Addendum and Swiss equivalents, or another lawful transfer mechanism. You can ask us for a copy of these safeguards at [email protected].

7. How long we keep it

We keep personal information only as long as we need it for the purposes in this policy. That means while you have an account, and afterwards as long as needed to meet legal, tax, accounting and regulatory duties, resolve disputes, enforce our agreements or protect our legal rights. We set the period for each type of data based on its purpose and sensitivity, legal time limits and any legal hold. Customer Content is kept and deleted under our agreement with the customer, and we may delete it after the account ends.

8. Security

We use commercially reasonable safeguards designed to protect personal information. No system is completely secure, and we cannot guarantee the security of any information. Where the law requires, we will notify affected individuals, customers or regulators of a security breach, including under the Illinois Personal Information Protection Act, other US state breach laws and GDPR Articles 33 and 34.

9. Cookies

We and our service providers may use cookies and similar technologies to operate and secure our websites and Services, remember your preferences, understand how our websites and Services are used, and measure our marketing. Where the law requires, we ask for your consent before using cookies that are not strictly necessary. You can control cookies through your browser settings and any cookie controls we provide, and where the law requires, we honor Global Privacy Control signals.

10. Children

Our Services are for professionals and are not directed at children. We do not knowingly collect personal information from children under 16 as users. Customer Content may include information about children captured by a customer, which we handle only as the customer's processor.

11. If you appear in captured content

The organization that made a capture decides how it is used and is responsible for answering your requests, so please contact them directly. If you contact us at [email protected], we may forward your request to the relevant customer where we can identify it. To protect confidential legal matters, we will not confirm whether any customer holds content about you unless the law requires it.

You can report suspected misuse of our Services at [email protected]. We may review reports and act under our Terms of Service.

Access and deletion rights may not apply where content is needed to establish, exercise or defend legal claims, for law-enforcement purposes, or where another legal exemption applies.

12. Your rights

Your rights depend on where you live. For data we control, contact us. For Customer Content, contact the customer first (see Section 11).

UK, EEA and Switzerland: you may ask to access, correct, delete, restrict or port your personal information, and object to processing based on legitimate interests, including direct marketing. Where we rely on consent, you may withdraw it at any time. You may also complain to your local data protection authority, such as the UK Information Commissioner's Office.

US states with privacy laws (such as California, Colorado, Connecticut, Virginia, Texas and Oregon): depending on your state, you may have the right to know what we collect, to access, correct or delete it, to get a copy, and to opt out of sale, targeted advertising and profiling. We do not sell personal information. To opt out of any use of cookies for targeted advertising on our websites, use our cookie controls or Global Privacy Control, or email us. We will not discriminate against you for using these rights. You may use an authorized agent, and we will verify the request. If we deny a request, you may appeal by replying to our decision.

California: the personal information we collect and why is described in Section 3, how long we keep it in Section 7, and who we share it with in Section 4. We do not sell personal information. Any sharing for cross-context behavioral advertising is limited to cookies on our websites, which you can opt out of as described above.

Illinois: we do not collect biometric identifiers or biometric information.

To make a request, email [email protected]. We will verify your identity and respond within the time the law requires.

13. Contact

Expert Evidence, Inc., Illinois, USA. [email protected]

Where the law requires, we will appoint representatives in the EU and the UK and add their details to this policy.

14. Changes

We may update this policy at any time by posting the new version here with a new "Last updated" date. Where the law requires, we will give additional notice or ask for consent.