Sift Discovery Terms of Service

Last Modified: March 21, 2019

Acceptance of the Terms of Service

These Terms of Service (“Terms of Service”) govern Sift Discovery, LLC’s, an Oregon limited liability company, (“Company”, “Sift”, “we”, or “us”) provision of services to Customer as defined below and shall be incorporated into any Custom Contract as defined below, between you, the Customer, and Sift. The Customer Agreement shall govern your access to and use of siftdiscovery.com, including any content, functionality, and services offered on or through https://add.siftdiscovery.com/auth, https://eclipse.siftdiscovery.com/, and FTP site (the “Website”), whether as a guest or a registered user.

Please read the Terms of Service carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions and are a Customer and its designated Individual Users. If you do not meet all of these requirements, you must not access or use the Website.

  1. Additional Definitions.
    1. Counsel” means the attorneys and/or law firms representing Customer. When the Customer is also a law firm or attorney, Counsel and Customer shall mean the same person or entity.
    2. Customer” means the persons, public officers, law firms, corporations, associations or other organizations or entities, either public or private, who have entered into an agreement with Sift for the provision of Services. The Customer is the person or entity which has authorized us to provide Individual Users access to the Website. Together Sift and Customer shall be referred to as Parties or individually as Party.
    3. Custom Contract” means any written agreement including any applicable statement of work between Customer and Sift wherein Sift has agreed to provide Services under different terms than stated herein.
    4. Customer Agreement” means these Terms of Service, Sift’s Posted Rates, and any Order Form or Custom Contract entered into between Customer and Sift. Customer Agreement specifically does not include any oral agreement (please see Section 24 No Oral Contracts
    5. Individual User” means the individual persons identified and authorized by a Customer to be given access by Sift to the Website by Sift.
    6. Order Form” means an online order through the Website interface entered into between Customer and Sift specifying the Service to be provided under the Customer Agreement.
    7. Services” means the tools and software for the processing, hosting, culling, review, and production of electronic discovery, e-discovery consulting and analytics, and provides staffing solutions for the electronic review of electronic discovery under the ultimate supervision of Customer, including as described in any applicable Order Form or Custom Contract.
    8. Software” means proprietary computer software programs provided by Sift as a part of the Services, which includes the Ipro software provided at the following URLs https://add.siftdiscovery.com/auth and https://eclipse.siftdiscovery.com/.
  2. Sift’s Role. Sift is not offering, dispensing, or agreeing to provide legal advice of any kind to anyone and Customer and Counsel acknowledge and agree that Sift does not and is not authorized to practice law, the Services do not constitute and are not intended to constitute the rendering of legal advice or services, and there is no attorney-client relationship between Sift and Counsel or Customer.
  3. Customer’s Role and Administrator. Customer agrees that Customer, and any of their employees or agents, including Counsel, shall comply with any EULA’s or Terms of Use of any tool or software company provided by Sift to Customer or their employees or agents. Customer shall, directly, by their Counsel, or by their authorized agents, provide materials, discovery, and/or data (“Source Material”) to Sift in form and format acceptable to Sift. All Source Material shall remain the property of Customer. To the extent Customer’s Source Material contains personal health information as defined in HIPAA, personal data as defined under the GDPR, or any other type of data covered by a government law or regulation, Customer agrees to provide written notice of this issue to Sift prior to delivery of any such Source Material to Sift.
  4. Rates, Subscription Licenses, and Payment.
    1. Customer agrees to pay Sift’s “Posted Rates” for all Services unless otherwise agreed by the Parties in writing (“Fees”).
    2. Sift shall invoice Customer, and Customer shall pay Sift, according to the prices and terms set forth herein unless otherwise agreed to by the Parties in writing . All invoices are net 30 days. A 1.5% per month service charge will be added to all invoices not paid within 30 days from the invoice date. At any time an invoice remains unpaid for more than 30 days, Sift may in its sole discretion insist on a retainer or prepayment for additional Services.
    3. By submitting an Order Form, which includes signing up for an account on this Website and providing credit card information, Customer authorizes Sift or its authorized payment processor to charge Customer according to the Order Form (“Subscription”). The Subscription shall auto-renew on a monthly basis until terminated by either Party as set forth below.
    4. Unless otherwise stated herein or agreed to by the Parties in writing, all Fees are non-refundable as of the date Services are provided except as required by law. Unless stated otherwise on the Order Form, a Subscription may be cancelled within the first 14 days of initial purchase for a refund unless any Source Material has already been processed or ingested by Sift into the System.
  5. Term and Termination.
    1. Unless otherwise specifically agreed to by the Parties in a written Custom Contract, either Party may terminate a Customer Agreement at any time upon 48 hours written notice. As provided in Section 4(d), all Fees are non-refundable except Fees for hosting and users, which will be calculated on a pro-rata basis according to the day Services are terminated.
    2. Either party may terminate the Customer Agreement without written notice if the other party materially breaches the Customer Agreement and, if such breach is capable of cure, fails to cure within 30 days of receipt of written notice of the breach. Sift may terminate the Customer Agreement without notice if Customer fails to pay any amount when due: (i) and such failure continues for 10 days after Customer’s receipt of written notice of breach; or (ii) more than 3 times in any six month period.
    3. Upon termination:
      1. Sift shall export all Customer data onto media (thumbdrive or harddrive) within 30 days following termination (“Exported Data”), and the cost of the export, media and delivery shall be charged at Sift’s Posted Rates;
      2. Sift shall invoice Customer for all unpaid Fees, which Customer shall pay;
      3. Sift shall deliver any Exported Data to Customer after Customer has paid all Sift invoices; and
      4. Sift may delete any Customer data from Sift’s System the earlier of the following: the delivery of all Exported Data to Customer or 30 days following termination. Customer expressly understands that storage of Exported Data on a thumbdrive or harddrive provides no backup and can result in a failure of data integrity, and thus Customer expressly waives any liability of Sift for the data integrity of the Exported Data.
    4. Sections 10 through 13 and 15 shall survive termination of the Customer Agreement.
  6. Media Handling. If Customer submits physical media with Source Material to Sift, Sift will store the physical media at Customer’s request in a restricted, keyed access storage facility, presently a repurposed bank vault (“Secured Storage”) for $10 per physical item per month. If Customer does not request Secured Storage, Sift may return any physical media containing Source Material to Customer at Customer’s expense within 45 days.
  7. Individual Users. Customer assumes all liability for any actions on the Website and System by an Individual User. Customer acknowledges that each Individual User will be provided a unique username and password, and Customer bears the responsibility for each Individual User to change their password, choose a strong password, keep their password confidential, and immediately notify Sift of any unauthorized access to or use of an Individual User’s user name or password or any other breach of security. Sift is not entering into any agreement with an Individual User, and an Individual User shall not be considered a party to the Customer Agreement or these Terms of Service. The Customer Agreement and these Terms of Service do not confer any right, remedy, or claim upon any Individual User.
  8. Prohibited UsesCustomer and its Individual Users may use the Website only for lawful purposes and in accordance with these Terms of Service. Customer agrees Customer and Individual Users shall not use the Website:
    1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
    3. To impersonate or attempt to impersonate Sift, a Sift employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
    4. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Sift or users of the Website or expose them to liability.
    5. To use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
    6. To use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
    7. To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    8. To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
    9. To attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
    10. To otherwise attempt to interfere with the proper working of the Website.

Sift has the right to disable any user name, password, or other identifier, whether chosen by Individual User or provided by us, at any time if, in our opinion, Customer or Individual User has violated any provision of the Customer Agreement.

  1. System Availability.
    1. Sift will provide Customer and Individual Users access to the Software hosted on Sift’s proprietary computer network, database and servers used by Sift in connection with providing the Services and Website (collectively “System”).
    2. Sift may replace, update or upgrade any part of the System at any time. Sift shall take all reasonable steps to avoid impairing Customer’s access or use of the System. To the extent practicable, Sift will provide 48 hours notice to Customer if maintenance is expected to result in downtime greater than 30 minutes. The scheduled weekly maintenance period is between 12 AM Saturday to 7 AM Sunday Eastern Standard Time (“Maintenance Period”).
    3. If Sift fails or is unable to provide the System, or any portion thereof, Customer’s sole remedy shall be that Sift will, at Sift’s discretion (i) use commercially reasonable efforts to re-perform, re-deliver or furnish functionally equivalent services or (ii) refund or credit Customer the fees paid or due for such Services that Sift has failed or is unable to perform.
    4. Except during Maintenance Periods, the System will be available and connected to the Internet. If the System is not available for ninety (90) minutes or more on any one occasion or for more than three (3) hours in any month (excluding in both cases any Maintenance Period), then Customer will be entitled to, as its sole remedy, a service credit equal to one (1) day of hosting charges for each day in which the System is not available for sixty (60) minutes or more. To be entitled to this credit, Customer must provide written notice to Sift of the unavailability of the System promptly upon its discovery.
  2. Intellectual Property Rights of Sift. Sift reserves all of its and its suppliers’ rights with respect to any proprietary computer software programs and websites and related documentation (“Documentation”) provided by Sift to Customer under all applicable laws for the protection of intellectual property, including, but not limited to, trade secrets, copyrights, trademarks and patents. All trade secrets, proprietary programs, technical know-how, guides and instruction videos, methods of operation, designs and related Documentation developed by Sift or one of its suppliers and provided to Customer or developed for Customer pursuant to this Agreement (collectively, “Sift Proprietary Material”) shall remain the property of Sift or its respective supplier. Except as otherwise provided in these Terms of Service, Customer shall not cause or permit unauthorized copying, reproduction, or disclosure of any portion of the Software or Documentation or the delivery or distribution of any part thereof to any third person or entity, for any purpose whatsoever, without the prior written permission of Sift. This restriction shall continue to bind Customer, Individual Users, and Customer’s agents beyond the termination of these Terms of Service. Customer, Individual Users, and Customer’s agents shall have no right to use the any software, website, or Services other than as designated in the Customer Agreement.
  3. Confidentiality.
    1. From and after the date hereof each party shall not, directly or indirectly, disclose or communicate to any person any Confidential Information (as defined below) without the advance and express written consent of the party that disclosed the information, unless and to the extent disclosure thereof is (i) to each party’s designated tax, legal and/or accounting advisors in connection with the fulfillment of the Customer Agreement; or (ii) required by applicable law, provided that the disclosing party shall provide the other with reasonably prompt notice of such requirement prior to any disclosure so that the other party may seek an appropriate protective order.
    2. Confidential Information” is defined as follows: (i) for Sift, all Sift intellectual property, Sift Proprietary Material, customer information, customer contacts, vendor information, business information, marketing and sales information, strategies and business processes, and the material terms, including pricing, of the Customer Agreement; and (ii) for Customers, all Source Material, communications between Customer and Counsel in relation to the same, and any privileged communications or information. Confidential Information does not include information that (i) is or becomes generally available to the public or the industry other than as a result of an otherwise impermissible disclosure, (ii) is independently developed without use or reference to Confidential Information, or (iii) is rightfully received from a third party without obligation of confidentiality.
    3. Except pursuant to the Customer Agreement, no Party will: (a) make any use of another Party’s Confidential Information; or (b) acquire any right in or assert any lien against the other Party’s Confidential Information or permit any third party to do so. The receiving Party shall only disclose Confidential Information to employees, independent contractors, subcontractors, attorneys, vendors, and accountants (“Personnel”) to the extent such Personnel have a need to know such information for the purposes described in the Customer Agreement, and provided that such Personnel treat Confidential Information as strictly confidential whether by a signed agreement or under obligation of law.
  4. Indemnification. Customer and Sift each agree to indemnify, defend and hold harmless the other and its agents, officers, attorneys (including with respect to Customer, Counsel), and employees, from and against all loss or expense, including related costs and reasonable attorneys’ fees arising from liability for damages, including suits at law or in equity, that are brought by a third party against the party seeking indemnification and caused by any negligent, grossly negligent, reckless, or intentional acts or omissions of the other party, or its agents, which may arise out of or are connected with the activities covered by any Customer Agreement.
  5. Limitation of Liability. EACH PARTY AGREES THAT, EXCEPT AS PROVIDED IN SECTIONS 11 AND 12, THE OTHER WILL NOT BE LIABLE TO IT FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR REVENUES RESULTING FROM OR IN ANY WAY RELATED TO THE CUSTOMER AGREEMENT. EACH PARTY AGREES THAT THE OTHER SHALL NOT BE LIABLE TO THE OTHER FOR ANY ACTS OR OMISSIONS WHICH ARE NOT THE RESULT OF THE OTHER’S GROSS NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT. SIFT’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE CUSTOMER AGREEMENT, THE PRODUCTS AND ANY SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES PAID TO SIFT DURING THE FOUR MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. THE PARTIES ACKNOWLEDGE THAT THE PRICES SPECIFIED IN THE CUSTOMER AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH IN ANY CUSTOMER AGREEMENT AND THAT NEITHER PARTY WOULD ENTER INTO THE CUSTOMER AGREEMENT WITHOUT THE FOREGOING LIMITATIONS OF ITS LIABILITY AND THE DISCLAIMERS OF LIABILITY SET FORTH HEREIN.
  6. ContrabandIf Customer transmits to Sift contraband (e.g., child pornography) the possession, control, or distribution of which violates any law, Sift may dispose of such contraband in strict accordance with applicable law, after consultation with Counsel of Customer. Sift reserves the right to, and shall, with concurrent notification to Customer and/or Counsel, report the existence of, and surrender any such contraband to law enforcement officials. By agreeing to these Terms of Service, Customer expressly agrees to this policy and its implementation, and Customer agrees to hold harmless and indemnify Sift for any liability in connection therewith.
  7. NonsolicitationDuring, and for a period of 12 months after, the term of the Customer Agreement, the parties shall not (i) solicit, approach or appeal to any individual who currently is, or during the term of the Customer Agreement was, an employee, consultant or contractor, to leave the employ of the other; or (ii) employ or otherwise engage an employee or contractor of the other.
  8. Severability. If any provision of the Customer Agreement, including these Terms of Service, is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Customer Agreement, including these Terms of Service, will continue in full force and effect.
  9. Modification; Waiver; Cumulative RemediesSift may revise these Terms of Service and its Posted Rates as provided in Section 24. Any modification or waiver of any portion of a Customer Agreement that has been reduced to writing and executed by both parties must be signed by each party. The rights, remedies, powers and privileges herein are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.
  10. No Third-Party Beneficiaries. The Customer Agreement, including these Terms of Service, do not confer any right, remedy, or claim to any third party, including any Individual User.
  11. NoticesNotices to Customer may be sent to the applicable account email address or to the last known mailing address and are deemed given when sent. Notices to Sift must be sent to Sift Legal at info@siftdiscovery, with a copy via first class mail to Sift Discovery LLC, 3855 SW 153rd Drive, Beaverton, OR 97003, attn: Legal.
  12. Assignment. Customer may not assign the Customer Agreement without written consent of Sift. Sift may not assign the Customer Agreement without providing written notice to Customer, except in the cases of a merger, acquisition, corporate reorganization, or sale of all or substantially of its assets.
  13. Force Majeure. No party shall be responsible for delay or failure in performing any obligations under the Customer Agreement, including these Terms of Service, resulting from the occurrence of an event beyond its reasonable control.
  14. Choice of Law, Arbitration and VenueThe Customer Agreement, including these Terms of Service, shall be governed by and construed in all respects in accordance with the laws of the state of Oregon (without regard to conflicts of law principles thereof). Any dispute or claim that arises out of or that relates to the Customer Agreement, including these Terms of Service, or to the interpretation or breach thereof, or to the existence, validity, or scope of the agreement, shall be resolved by arbitration in accordance with the then effective arbitration rules of (and by filing a claim with) Arbitration Service of Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The Parties will keep all facts and other information relating to the arbitration confidential to the fullest extent permitted by law.
  15. Interpretation of Conflicting Terms. If there is a conflict or inconsistency between any of the documents that make up the Customer Agreement, the documents will control in the following order: written Custom Contract, Terms of Service, Posted Rates, and Order Form.
  16. No Oral Contracts. These Terms of Service may not be modified by any oral statement or agreement. Further, any purported oral statement or agreement is null and void.
  17. Changes to the Terms of ServiceWe may revise and update these Terms of Service and our Posted Rates from time to time in our sole discretion and the most current version will always be posted on here [www.siftdiscovery.com/terms]. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Section 22 Choice of Law, Arbitration and Venue will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Last modified: March 7, 2019

 

  1. Introduction

    Sift Discovery LLC (“Company”, “We”, or “Sift”) respects your privacy and are committed to protecting it through our compliance with this policy.

    This policy describes the types of information we may collect from you or that you may provide when you visit the website siftdiscovery.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

    This policy applies to information we collect:

    1. On this Website.
    2. In email, text, and other electronic messages between you and this Website.

    It does not apply to information collected by:

    1. us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
    2. any third party (including our affiliates and subsidiaries), including through any application or content (including payment processers or advertising) that may link to or be accessible from or on the Website

    Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

  2. Children Under the Age of 18

    Our Website is not intended for persons under 18 years of age. No one under age 18 may provide any personal information to the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not make any purchases through the Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at info@siftdiscovery.com.

  3. Information We Collect About You and How We Collect It

    We may collect several types of information from and about users of our Website, including information:

    1. by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
    2. that is about you but individually does not identify you, such as payment information (we do not store credit card data on our servers but it is securely passed along to our payment processor); and/or
    3. about your internet connection, the equipment you use to access our Website and usage details.

    We may collect this information:

    1. Directly from you when you provide it to us.
    2. Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.
    3. From third parties, for example, our business partners.
  4. Information You Provide to Us

    The information we collect on or through our Website may include:

    1. Information that you provide by filling in forms on our Website or at a physical location, such as a conference. This includes information provided at the time of purchasing our services. We may also ask you for information when you report a problem with our Website.
    2. Records and copies of your correspondence (including email addresses), if you contact us.
    3. Your responses to surveys that we might ask you to complete for research purposes.
    4. Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
    5. Your search queries on the Website.
  5. Information We Collect Through Automatic Data Collection Technologies

    As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

    1. Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
    2. Information about your computer and internet connection, including your IP address, operating system, and browser type.

    The information we may collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

    1. Estimate our audience size and usage patterns.
    2. Store information about your preferences, allowing us to customize our Website according to your individual interests.
    3. Speed up your searches.
    4. Recognize you when you return to our Website.

    The technologies we use for this automatic data collection may include:

    1. Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
    2. Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
    3. Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

    We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

  6. Third-Party Use of Cookies and Other Tracking Technologies

    Some content or applications, including payment processors, on the Website are served by third-parties. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

    We do not control these third parties’ tracking technologies or how they may be used. We may use a third-party as our payment processer. The payment processor may store personally identifiable information, and you should contact any such payment processor directly for its privacy policy as we do not exercise control over the payment processor.

  7. How We Use Your Information

    We use information that we collect about you or that you provide to us, including any personal information:

    1. To present our Website and its contents to you.
    2. To provide you with information, products, or services that you request from us.
    3. To fulfill any other purpose for which you provide it.
    4. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
    5. To notify you about changes to our Website or any products or services we offer or provide though it.
    6. In any other way we may describe when you provide the information.
    7. For any other purpose with your consent.

    We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. For more information, see Choices About How We Use and Disclose Your Information.

  8. Disclosure of Your Information

    We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

    We may disclose personal information that we collect or you provide as described in this privacy policy:

    1. To our subsidiaries and affiliates.
    2. To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
    3. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Sift’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Sift about our Website users is among the assets transferred.
    4. To fulfill the purpose for which you provide it.
    5. For any other purpose disclosed by us when you provide the information.
    6. With your consent.

    We may also disclose your personal information:

    1. To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
    2. To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.
    3. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Sift, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  9. Choices About How We Use and Disclose Your Information

    We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

    1. Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
    2. Promotional Offers from the Company. If you do not wish to have your email address/contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (the order form) or by sending us an email stating your request to info@siftdiscovery.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, product service experience, or other transactions.

    We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

  10. Accessing and Correcting Your Information

    You may send us an email at info@siftdiscovery.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

  11. Your California Privacy Rights

    California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not disclose any personal information to third parties for their direct marketing purposes.

  12. Data Security

    We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology. Credit card data is not stored on our servers, but is securely passed on to our payment processor.

    The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

    Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

  13. Changes to Our Privacy Policy

    It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

  14. Contact Information

    To ask questions or comment about this privacy policy and our privacy practices, contact us at:

    Sift Discovery, LLC, 3855 SW 153rd Drive, Beaverton, OR 97003

    info@siftdiscovery.com