Privacy Policy

Effective Date: 1 July 2021

This is the Privacy Notice for eFileCabinet.  It explains the way that eFileCabinet handles information about you that is collected in the contexts described below.

First, this Privacy Notice applies to the personal data we collect about you in connection with:

  • Management of our customer relationships, including through accounts you set up with eFileCabinet.
  • Sales, including our sale of products through resellers, distributors, partners, and third-party marketplaces.
  • Our certification programs.
  • Our events.
  • Our marketing and advertising programs.
  • Our investor relations.
  • Management of our websites and apps in relation to any of the above.

Under the EU General Data Protection Regulation (“GDPR”) and other similar laws, eFileCabinet is considered a “controller” of that data because eFileCabinet determines how that data will be handled (except in the case of using our application, in which case we would be the “processor”). 

 

CONSENT AND PRINCIPALS OF PROCESSING DATA

eFileCabinet processes data fairly, lawfully, in a transparent manner and in accordance with individuals’ rights (as applicable). The use of information collected through our Services shall be limited to the purpose of providing the service for which our Client has engaged eFileCabinet.

eFileCabinet may process data of an End User on behalf of the Controller when the Controller obtains consent from an End User or when there is another basis for doing so under applicable law. For purposes of this Privacy Policy, a Controller may mean a Customer or anyone acting on a Customer’s behalf. (the “Controller”), Customers who cause eFileCabinet to process Personal Information of an End User are obligated to hold all appropriate consents (if applicable) and may only utilize the Services pursuant to applicable law. If you are an End User of the Services, please contact the Controller for additional detail. We may transfer Personal Information to companies that help us provide our Services. Transfers to subsequent third parties are covered by the service agreements with our Customers (the Controller). We have no direct relationship with individuals who provide Personal Information to our customers. eFileCabinet acknowledges that you have the right to access your Personal Information. Our customers control and are responsible for correcting, deleting or updating information they have collected from you using the Services. If requested to remove data we will respond within a reasonable timeframe. We are not responsible for our customers’ use of information they collect on the Services.

We do not sell or otherwise disclose personal information about you except as described here or at the time of collection. 

In addition, we reserve the right to transfer to relevant third parties information we have about you in the event of a potential or actual sale or transfer of all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation) or other business transaction.

eFileCabinet aims to process only adequate, accurate and relevant data limited to the needs and purposes for which it is gathered. It also aims to store data for the time period necessary to fulfill the purpose for which the data is gathered. eFileCabinet only collects data in connection with a specific legitimate purpose and only processes data in accordance with this Privacy Policy. 

This Privacy Notice also applies to personal data eFileCabinet receives in the context of providing its services (the “Services”).  For many Services, eFileCabinet acts only as a “processor” (not a controller) with respect to the personal data it collects through the Service.  This means that eFileCabinet handles the personal data solely pursuant to the relevant customer’s instructions, unless legally required to do otherwise.  

1. What types of Personal Data does eFileCabinet collect?

We collect, store, and use the following categories of personal data:

  • Contact details and professional details, such as name, email address, phone number, title, and employer’s name.
  • Information about our users’ experiences with eFileCabinet products, services, events, webinars, and online forums and communities.
  • Contact information derived from interactions with eFileCabinet by our actual or prospective customers’ employees (e.g., interactions with customer service).
  • Information about actual or prospective users’ interests.
  • Payment information for purchases with eFileCabinet.
  • Audio and visual information, such as CCTV footage and recordings of some calls, meetings and events.

We obtain personal data directly from you or your employer; from third-party sources (which include resellers and distributors); third-party marketplaces where our products are offered (such as AWS and Google Cloud Platform); data brokers (such as Dun & Bradstreet); marketing companies; referrals from customers, and users; and from publicly available sources such as company websites and LinkedIn. Through some Services, we obtain personal data from our customers, or from individuals who interact with our customers or their online properties.

We do not knowingly collect or solicit information or data from children under the age of 13 or knowingly allow children under the age of 13 to register for the eFileCabinet Service. If you are under 13, do not register or attempt to register for any of the eFileCabinet Services or send any information about yourself to us. If we learn that we have collected Personal Information or Personal Data from a child under the age of 13, we reserve the right to delete that Personal Information or Personal Data as soon as reasonably practicable. If you believe that we might have collected information from a child under the age of 13, please contact our legal@eFileCabinet.com as soon as possible.

In some cases, eFileCabinet collects personal data through the technology described in Section 7 below.

2. How does eFileCabinet use and share Personal Data with others?

eFileCabinet uses and shares personal data for the following purposes:

  • To analyze, improve, and develop eFileCabinet products and Services.
  • To provide our products, Services, events, websites, communities, training, and other business offerings.
  • To process payments.
  • To manage our relationships with customers, partners, resellers, distributors, event attendees, investors, and others (which may involve sharing personal data with them).
  • For marketing, advertising, and other communications (including customizing those communications for specific recipients).
  • For surveys and other market research.
  • For security, IT management, and related research.
  • To enforce the legal terms that govern our business and commercial relationships (for example, we may share personal information with the opposing party, judge or arbitrator in a dispute).
  • To provide security and business continuity.
  • To follow the law, or in other cases where we believe that using or disclosing the data is appropriate to protect the rights, safety, and property of eFileCabinet or others (for example, when required to make disclosures in response to lawful requests by public authorities, such as to meet national security or law enforcement requirements).
  • For an actual or contemplated business sale, merger, consolidation, change in control, transfer of substantial assets, or reorganization, or due diligence in anticipation of such an event (for example, if a company were to acquire eFileCabinet, it may also acquire the personal data we hold).
  • For other purposes requested or permitted by our customers or users.
  • With our customers to report and manage issues requiring support or professional services;
  • With service providers we have engaged to perform services on our behalf (such as payment processing, order fulfillment, customer support, customer management and data analytics). These service providers are contractually required to safeguard the information provided to them and are restricted from using or disclosing such information except as necessary to perform services on our behalf or to comply with legal requirements;
  • Internal to eFileCabinet for the purpose described in our privacy policy;
  • To inform you on our product announcements, special offers, latest updates, or other information we believe you would like to hear from us or our business partners;
  • With our customers and partners to inform them about their users’ use of our services (such as when a user has obtained credentials);
  • With approved eFileCabinet partners, to offer and provide our products and services to you;
  • With our joint marketing and sales partners and other business partners who help us with our business operations or other aspects of our business and for the purposes described in this Privacy Policy

For those purposes, we may share personal data with, for example:

  • our affiliates;
  • our customers;
  • third parties that assist us, event providers, payment processors, marketing providers, testing providers, analytics providers, providers of technical services (e.g., providers of data storage, data backup, and CRM systems), and other subcontractors;
  • joint marketing partners;
  • security researchers;
  • employers and others who seek verification of an individual’s claimed certification status;
  • entities involved in dispute resolution (such as an arbitrator or an opposing party);
  • entities involved in potential or actual significant corporate transactions or events (such as those described in the second-to-last item in the list of uses and disclosures above);
  • governmental entities.

These uses and disclosures are also subject to our contractual obligations.

3. What are the legal reasons eFileCabinet can do this?

The laws in some jurisdictions require data controllers to tell you about the legal grounds that allow them to use or disclose your personal data. Where those laws apply, our legal grounds are:

  • Legitimate interests: We handle personal data because it furthers the legitimate interests of eFileCabinet (or of our customers, business partners, or suppliers) in business activities such as the ones listed below, and because that handling of data does not unduly impact your interests, rights, and freedoms:
    • Providing automated workflow and efficiency changes to improve business processes
    • Provide document management services
    • Protecting business activities, individuals, and property
    • Providing customer service
    • Marketing and advertising (including sending certain direct marketing)
    • Analyzing and improving business activities
    • Managing risks and legal issues
  • To honor our contractual commitments to the individual: Some of our handling of personal data is necessary to meet our contractual obligations to individuals, or to take steps at the person’s request because we are planning to enter into a contract with him/her.  For example, when we process an individual’s payment data, we are relying on this basis.
  • Consent:
    • If the law requires consent, and in some other cases, we handle personal data on the basis of consent. For example, we conduct some of our direct marketing on the basis of consent.
    • If the law requires explicit consent, we use personal data on that basis.
    • If the law allows, we may be able to infer consent from the circumstances.
  • Legal compliance: We sometimes need to use and disclose personal data to comply with our legal obligations.
  • Legal claims: Sometimes we use or disclose personal data because it is necessary to establish, exercise, or defend legal claims.

4. What Personal Data rights and choices (including direct marketing opt-out) are available?

For personal data that we collect through our Services, the Privacy Statement for each Service has instructions for how you can exercise your legal rights with respect to such data. Where we process such data solely on behalf of a customer, those instructions typically will indicate that you should contact the customer to exercise those rights. In those cases, if you contact eFileCabinet instead, we normally will refer your request to the relevant customer (if we know who that is) and will cooperate with that customer’s handling of the request, subject to any special contractual arrangement with that customer.

For other personal data (including certain personal data we collect through some of our Services), we offer the options below for exercising your rights and choices about how we use your personal data. Many of these are subject to important limits or exceptions under applicable laws and, where applicable, the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks (“Privacy Shield”).

  • You may review and update certain information by logging into the relevant eFileCabinet websites or online services.
  • The law of your jurisdiction (for example, within the United Kingdom and European Economic Area) may give you additional rights to request access to, correction of, or deletion of certain personal data we store. In some cases, you may be entitled to receive a copy of the personal data you provided to us in portable form or to request that we share it with a third party. The law may also give you the right to request restrictions on the use of your personal data, to object to our use of your personal data, or to withdraw your consent to use your personal data (which will not affect the legality of any processing that happened before your request takes effect). Section 13 below explains how to make these requests.
    • For example, people who live in the United Kingdom or European Economic Area (and certain other people) have the right to opt out of our use of personal data for direct marketing. They can exercise their rights to opt out, or to object to other processing, by contacting us as described below.
  • Our marketing email messages, and certain other communications include instructions about how to unsubscribe, which you can use to limit or stop those communications. Opt-out processes may take some time to complete, but we will work to meet your request as quickly as possible. You cannot opt out of certain communications (such as billing-related communications or emergency service messages).
  • You can exercise opt-out rights, object, or withdraw consent in relation to our use of certain cookies and certain similar technologies as described in Section 7 below.
  • For information about Californians’ privacy rights under California law, please see Section 11 below.

You may contact us with any concerns or complaints regarding our privacy practices, and you also may submit a complaint to the relevant governmental authority. (Individuals whose personal data we receive under our Privacy Shield certification also may file a Privacy Shield-related complaint, as described in the Privacy Shield section below.)

For your protection, we will only implement requests with respect to personal data after we have verified your identity to our satisfaction, taking into consideration the nature of your request.

5. Does the personal data go to other countries?

We are a global company with headquarters in the United States, and the eFileCabinet affiliates and third parties with whom we share the personal data as described in this Privacy Notice are located in the United States and elsewhere in the world, including countries where privacy laws may not provide as much protection as your country. Your personal information may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of these or other countries, pursuant to the laws of such countries. eFileCabinet complies with legal requirements for protecting the movement of data across borders, including through the use of European Commission-approved Standard Contractual Clauses.

Please note that our customers may transfer personal data to eFileCabinet on the basis of legal mechanisms approved by the European Commission and other relevant authorities for transferring data across borders, such as Standard Contractual Clauses. 

Finally, certain eFileCabinet services allow our customers and users to transfer data to third parties. Those customers and users are solely responsible for those transfers.

6. How does eFileCabinet’s Privacy Shield certification protect my data?

As a business subject to the investigatory and enforcement authority of the United States Federal Trade Commission, eFileCabinet has certified it adheres to the Privacy Shield Principles with respect to the personal data that eFileCabinet receives in reliance on the Privacy Shield.  This certification is limited to personal data that meets all of the following conditions: (i) eFileCabinet receives the data in the U.S. from a transfer from the United Kingdom, European Economic Area or Switzerland, (ii) eFileCabinet receives the personal data via a Service, and (iii) the Service-specific Privacy Statement indicates that eFileCabinet’s Privacy Shield commitment applies to that Service.

We recognize that the Court of Justice of the European Union ruled in July 2020 that a certification under the EU-U.S. Privacy Shield Framework no longer can serve as the basis by which entities subject to the GDPR export Personal Data to the United States.  As affected customers who relied only on our EU-U.S. Privacy Shield certification transition to Standard Contractual Clauses and other safeguards, we continue to honor our legal obligation to comply with the Privacy Shield.

eFileCabinet’s Privacy Shield certification is available at https://www.privacyshield.gov/list.  To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov.  When eFileCabinet receives personal data under the Privacy Shield and then transfers it to a third-party service provider acting as an agent on eFileCabinet’s behalf, eFileCabinet may have certain responsibility under the Privacy Shield if both (i) the agent processes the information in a manner inconsistent with the Privacy Shield and (ii) eFileCabinet is responsible for the event giving rise to the damage.

Covered individuals should direct any questions, concerns or complaints regarding eFileCabinet’s compliance with the Privacy Shield to us as described at the bottom of this Policy.  We will attempt to answer your questions and satisfy your concerns as soon as possible.  

In compliance with the Privacy Shield Principles, eFileCabinet, Inc. commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield should first contact us at legal@efilecabinet.com.

eFileCabinet, Inc. has further committed to refer unresolved Swiss-U.S. Privacy Shield complaints to the Swiss Federal Data Protection and Information Commissioner (FDPIC with regard to unresolved Swiss-U.S. Privacy Shield complaints concerning data transferred from Switzerland. It is possible under certain conditions for an individual to invoke binding arbitration when other dispute resolution procedures have been exhausted.

eFileCabinet has further committed to cooperate with the panel established by the EU Data Protection Authorities (DPAs) with regard to unresolved E.U.-U.S. Privacy Shield complaints concerning data transferred from the EU. It is possible under certain conditions for an individual to invoke binding arbitration when other dispute resolution procedures have been exhausted.

7. Does eFileCabinet use cookies and similar technology?

In our websites, apps, and emails, we and third parties may collect certain information by automated means such as cookies, web beacons, JavaScript, mobile-device functionality and other computer code. This information may include unique browser identifiers, IP address, browser and operating system information, device identifiers (such as the Apple IDFA or Android Advertising ID), geolocation, other device information, Internet connection information, as well as details about your interactions with our apps, websites, and emails (for example, the URL of the third-party website from which you came, the pages on our website that you visit, and the links you click on in our websites).

We and third parties may use these automated means to read or write information on your devices, such as in various types of cookies and other browser-based or plugin-based local storage (such as HTML5 storage or Flash-based storage), or to collect pieces of information that together may uniquely identify your device.

Cookies and local storage are files that contain data, such as unique identifiers, that we or a third party may transfer to or read from your devices for the purposes described in this Privacy Notice, such as to recognize the devices, to improve your use of our website and services, for cybersecurity, to prevent fraud, to provide services, and for record-keeping, analytics, and marketing, depending on the context of collection.

These technologies help us:

  • Keep track of whether you are signed in or have previously signed in so that we can display all the features that are available to you.
  • Remember your settings on the pages you visit so that we can display your preferred content the next time you visit.
  • Display personalized content.
  • Perform analytics, measure traffic and usage trends, and better understand the demographics of our users.
  • Diagnose and fix technology problems.
  • Plan for and enhance our business.

Also, in some cases, we assist with the collection of information by advertising services provided by third parties. The ad services may track your online activities over time by collecting information through automated means such as cookies, and they may use this information to show you ads that are tailored to your individual interests or characteristics and/or based on your prior visits to certain sites or apps, or other information we or they know, infer, or have collected from the users like you.

For example, we and these services may use different types of cookies, other automated technology, and data to:

  • Recognize users and their devices.
  • Inform, optimize, and serve ads.
  • Report on our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services (including how they are related to visits to specific sites or apps).

In addition, you may be able to set your web browser to refuse certain types of cookies, or to alert you when certain types of cookies are being sent. Some browsers offer similar settings for HTML5 local storage, and Flash storage can be managed as described here. However, if you block or otherwise reject our cookies, local storage, JavaScript or other technologies, certain websites (including some of our own websites) may not function properly.

If you replace, change, or upgrade your browser, or delete your cookies, you may need to use these opt-out tools again.

Please visit your mobile device manufacturer’s website (or the website for its operating system) for instructions on any additional privacy controls in your mobile operating system, such as privacy settings for device identifiers and geolocation. Please note, however, that we do not respond to browser-based privacy signals (such as do-not-track) at this time.

8. How long does eFileCabinet store Personal Data?

We will retain personal data as long as necessary to fulfill the purposes outlined in this Privacy Notice unless the law requires us to keep it for a longer period of time. To provide security and business continuity for the activities described in this Privacy Notice, we make backups of certain data, which we may retain for longer than the original data.

9. What about security?

We take great care in implementing, enforcing and maintaining the security of our Services, Site and Users’ information. eFileCabinet implements, enforces and maintains security policies to prevent the unauthorized or accidental access to or destruction, loss, modification, use or disclosure of Personal Information or Personal Data and to monitor compliance of such policies on an ongoing basis. The information is hosted on the Amazon Cloud which provides advanced security features. All information is stored with logical separation from information of other Customers.  

We use a combination of processes, technology and physical security controls to help protect Personal Information and Personal Data from unauthorized access, use, or disclosure. When Personal Information or Personal Data is transferred over the Internet, we encrypt it using Transfer Layer Security (TLS) encryption technology or similar technology.

Unless otherwise agreed with the Customer and subject to applicable law, eFileCabinet shall act in accordance with its policies to promptly notify Customer in the event that any Personal Information or Personal Data processed by eFileCabinet on behalf of a Customer is lost, stolen, or where there has been any unauthorized access to it.

eFileCabinet uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the eFileCabinet Service. Where practical, we seek to obtain confidentiality agreements that are consistent with this Privacy Policy and that limit others’ use or disclosure of your Personal Information and Personal Information.

10. What about other kinds of data?

If the law and our contractual obligations allow, we may aggregate or de-identify your personal data so that the information cannot be linked to you and is no longer personal data. Our use and disclosure of non-personal data is not subject to this Privacy Notice, and we may use or disclose it for any reason permitted by law.

11. Additional detail for California residents

This Section 11 applies only to “personal information” about California residents, as that term is defined in the California Consumer Privacy Act (“CCPA”), and it supplements the information in the rest of our Privacy Notice above. Data about individuals who are not residents of California is handled differently and is not subject to the same rights described in this Section. The provisions of this Section does not apply to data that eFileCabinet handles in its capacity as a processor, even when such data is about a resident of California, or to other data or activities that are not subject to the relevant provisions of the CCPA.

Collection, Use, and Disclosure of California Personal Information

During the 12 months leading up to the effective date of this Privacy Notice, eFileCabinet collected all of the information described in Sections 1 and 7 of our Privacy Notice, and in our Service-specific Privacy Statements, from and about California residents. You should refer to those locations for more detail, but this information generally falls into the categories listed in the chart below, to the extent it is personally identifiable. The chart also indicates the categories of third parties to whom we disclosed the data during the 12 months leading up to the effective date of this Privacy Notice.

CCPA classification, and explanation, of the California personal information we collected

Categories of third parties to whom we disclosed it

Identifiers (such as name, address, email address and other contact information)

  • Our affiliates.
  • Our customers.
  • Third parties that assist us, event providers, payment processors, marketing providers, testing providers, analytics providers, providers of technical services (e.g., providers of data storage, data backup, and CRM systems), and other subcontractors.
  • Joint marketing partners.
  • Security researchers.
  • Employers and others who seek verification of an individual’s claimed certification status.
  • Entities involved in dispute resolution (such as an arbitrator or an opposing party).
  • Entities involved in potential or actual significant corporate transactions or events.
  • Governmental entities.

Commercial information (such as information about an individual’s interests and interactions with eFileCabinet, our partners, or our customers, including transaction data);

Same as first row in this chart.

Financial data (such as payment information)

Same as first row in this chart.

Categories of personal information described in California Civil Code Section 1798.80(e) (such as health information collected from some certification candidates who request an accommodation)

Affiliates, testing providers, providers of technical services (e.g., providers of data storage, data backup), other subcontractors, and governmental entities.

Audio and visual information (such as CCTV images or recordings of calls or meetings)

Same as first row in this chart.

Biometric information (such as photographs and palm vein prints collected from certification candidates for identity verification and test security)

Affiliates, testing providers, providers of technical services (e.g., providers of data storage, data backup), other subcontractors, and governmental entities.

Internet or other network or device activity (such as IP addresses, device identifiers, cookie data, device attributes, device usage information, browsing information, metadata, and other information described in Section 7 of our Privacy Notice or Service-specific Privacy Statements)

Same as first row in this chart.

Geolocation information

Same as first row in this chart.

Professional or employment related data (such as title)

Same as first row in this chart.

Other information that identifies or can be reasonably associated with an individual

Same as first row in this chart.

Inferences drawn from any of the above

Same as first row in this chart.

During the 12 months leading up to the effective date of this Privacy Notice, we “sold” (as that term is defined under the CCPA), what the CCPA calls “identifiers” (like IP addresses), “internet or other electronic network activity information” (like information regarding an individual’s browsing interactions on a website), and “commercial information” (like the fact that a browser visited a page directed to people who are considering purchasing from us) to third parties that assist us, such as marketing providers and analytics providers.  This practice continues today.  To our knowledge, we do not “sell” the personal information of individuals under 16 years of age.


CCPA Right to Opt Out of “Sale” of Personal Information

Californians have a right to ask us not to “sell” certain personal information as that term is defined in under the CCPA.  You can make such a request by performing ALL of the following steps:

  1. If you’d like your request to include CCPA “sales” that happen through cookies and related technology, follow the steps below that are applicable to your use of our websites:
    1. If you use eFileCabinet.com, or other eFileCabinet websites that have a “Cookie Preferences” hyperlink in the footer, click on that link, click “NO” for Functional Cookies and for Advertising Cookies, click the SUBMIT PREFERENCES button, and then repeat this process from each device and browser that you use to access those websites.
    2. Additional control options (which should be used for eFileCabinet websites that don’t have a cookie link on their footer) are described in Section 7 of our Privacy Notice.

CCPA Right to Access or Delete Personal Information 

If you are a California resident, California law also may permit you to request that we:

  • Provide you the categories of personal information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we shared personal information.
  • Provide access to and/or a copy of certain information we hold about you.
  • Delete certain information we have about you.

Certain information is exempt from such requests under applicable law.  

For security and legal reasons, eFileCabinet will not accept requests that require us to access third-party websites or services. We reserve the right to take steps verify your identity to our satisfaction before responding to your request, which may include, depending the type of request you are making, the sensitivity of any data you are requesting, and the nature of your relationship with us: verifying your name, asking you to click on a link that we send to your email address, requesting that you login to an account you maintain with us, or requesting that you provide us with information about our relationship that only you are likely to have.

You also may have the right to receive information about the financial incentives that we offer to you (if any). You also have certain rights under the CCPA not to be subject to certain negative consequences for exercising CCPA rights.

Requests Made by Agents

If you are an agent making a request on behalf of a consumer, we reserve the right to take steps to verify that you are authorized to make that request, which may include requiring you to provide us with written proof such as a notarized authentication letter or a power of attorney.  We also may require the consumer to verify their identity directly with us.  Because opt-out requests for sales made through cookies and related technology must be performed from each browser that is used to access our Services, it is easiest for the consumer to perform such opt-outs themselves.  However, if a consumer wishes for an agent to perform browser-based requests on their behalf, the consumer may arrange for the agent to use the consumer’s browser to make such requests.  We are not responsible for the security risks of this or any other arrangements that a consumer may have with an agent.  For clarity, this is not permission for any user to share their login credentials with an agent or any third party.  Such sharing is prohibited and is not required for an agent to make requests under this Privacy Policy.

12. What happens when this Privacy Notice changes?

eFileCabinet may change this Privacy Notice at any time, including to reflect changes in the law or our data practices. Any updated Privacy Notice will be accessible from the footer of eFileCabinet.com or another convenient location.

13. How to contact us

To request to exercise your data protection rights under the GDPR or other laws (beside the CCPA), please email legal@eFileCabinet.com.

For CCPA Requests only for California Residents, please email legal@eFileCabinet.com Alternatively, you can make your CCPA request via voicemail at the following number: 801-374-5505.

For security and legal reasons, eFileCabinet reserves the right to deny requests that require us to access third-party websites or services.

If you have any other request, question, or complaint regarding your personal data or this Privacy Notice, please email legal@eFileCabinet.com or:

eFileCabinet 

Attn: Legal
4101 N Thanksgiving Way, Suite 200

United States

Main EMEA office:
eFileCabinet
Attn: Legal
Herengracht 282

Amsterdam 1016 BX

Privacy Policy

Effective: 10/30/2019

We at eFileCabinet, Inc. (“eFileCabinet“, “we” or “us“) are committed to protecting the privacy of the users of its websites including www.efilecabinet.com and go.efilecabinet.com (the “Site“) and its online products, including the eFileCabinet Online, and eFileCabinet Desktop, (each a “Service” and collectively the “Services“). This Privacy Policy Governs our data collection, processing and usage practices. It also describes your choices regarding use, access, and correction of your personal information.

A User may be either an entity which executed an agreement with eFileCabinet or with eFileCabinet’s resellers or distributors who provide eFileCabinet’s Services (“Customer“) or Customer’s users of the Services (“End User(s)“) or visitors of the Site (collectively “Users” or “you“).

This Policy explains the types of information we may collect from you or that you may provide when you visit the Site or use the Services and our practices for collecting, using, maintaining, protecting, and disclosing that information.

  1. CONSENT AND PRINCIPALS OF PROCESSING DATA

eFileCabinet processes data fairly, lawfully, in a transparent manner and in accordance with individuals’ rights (as applicable). The use of information collected through our Services shall be limited to the purpose of providing the service for which our Client has engaged eFileCabinet.

eFileCabinet may process data of an End User on behalf of the Controller when the Controller obtains consent from an End User or when there is another basis for doing so under applicable law. For purposes of this Privacy Policy, a Controller may mean a Customer or anyone acting on a Customer’s behalf. (the “Controller”), Customers who cause eFileCabinet to process Personal Information of an End User are obligated to hold all appropriate consents (if applicable) and may only utilize the Services pursuant to applicable law. If you are an End User of the Services, please contact the Controller for additional detail. We may transfer Personal Information to companies that help us provide our Services. Transfers to subsequent third parties are covered by the service agreements with our Customers (the Controller). We have no direct relationship with individuals who provide Personal Information to our customers. eFileCabinet acknowledges that you have the right to access your Personal Information. Our customers control and are responsible for correcting, deleting or updating information they have collected from you using the Services. If requested to remove data we will respond within a reasonable timeframe. We are not responsible for our customers’ use of information they collect on the Services.

We do not sell or otherwise disclose personal information about you except as described here or at the time of collection. eFileCabinet may share personal data in the following ways:

  • If sharing your data is necessary to provide a product or service you have requested;
  • With our customers to report and manage issues requiring support or professional services;
  • With service providers we have engaged to perform services on our behalf (such as payment processing, order fulfillment, customer support, customer management and data analytics). These service providers are contractually required to safeguard the information provided to them and are restricted from using or disclosing such information except as necessary to perform services on our behalf or to comply with legal requirements;
  • Internal to eFileCabinet for the purpose described in our privacy policy;
  • To inform you on our product announcements, special offers, latest updates, or other information we believe you would like to hear from us or our business partners;
  • With our customers and partners to inform them about their users’ use of our services (such as when a user has obtained credentials);
  • With approved eFileCabinet partners, to offer and provide our products and services to you;
  • With our joint marketing and sales partners and other business partners who help us with our business operations or other aspects of our business and for the purposes described in this Privacy Policy

We also may disclose personal information about you (1) if we are required or permitted to do so by applicable law, regulation or legal process (such as a court order or subpoena), (2) to law enforcement authorities or other government officials to comply with a legitimate legal request, (3) when we believe disclosure is necessary to prevent physical harm or financial loss to eFileCabinet, its users or the public as required or permitted by law, (4) to establish, exercise or defend our legal rights, and (5) in connection with an investigation of suspected or actual fraud, illegal activity, security or technical issues.

In addition, we reserve the right to transfer to relevant third parties information we have about you in the event of a potential or actual sale or transfer of all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation) or other business transaction.

We also may share the information in other ways for which we provide specific notice at the time of collection and obtain your consent to the extent required by applicable law

Personal Information or Personal Data is information by which an individual may be personally identified, including name, address, e-mail address, telephone number or any other information that is defined as Personal Information, Personal Data, or Personally Identifiable Information under an applicable law (hereinafter referred to as “Personal Information”).

Users are not obligated to provide us with any information by law. However, we require certain information in order to operate properly. Under some jurisdictions (such as under certain E.U. regulations), a User has a right to withdraw its consent at any time. In such a case, the withdrawal will not affect the lawfulness of processing based on consent before its withdrawal.

Please note that consent for the gathering and processing of data for one Service does not automatically mean that a User consents to the processing of data in connection with other Services. Controller should always make sure that the User’s consent is relevant, clear, valid, and to the extent reasonably possible, not “bundled” with any other written agreement (especially if required under applicable laws), unambiguous and if required under applicable law, affirmative and active (meaning not by virtue of any inaction).

eFileCabinet aims to process only adequate, accurate and relevant data limited to the needs and purposes for which it is gathered. It also aims to store data for the time period necessary to fulfill the purpose for which the data is gathered. eFileCabinet only collects data in connection with a specific legitimate purpose and only processes data in accordance with this Privacy Policy. We will never sell your Personal Information to any third party.

  1. MINORS

We do not knowingly collect or solicit information or data from children under the age of 13 or knowingly allow children under the age of 13 to register for the eFileCabinet Service. If you are under 13, do not register or attempt to register for any of the eFileCabinet Service or send any information about yourself to us. If we learn that we have collected Personal Information or Personal Data from a child under the age of 13, we reserve the right to delete that Personal Information or Personal Data as soon as reasonably practicable. If you believe that we might have collected information from a child under the age of 13, please contact our legal@eFileCabinet.com as soon as possible.

  1. INFORMATION SECURITY

We take great care in implementing, enforcing and maintaining the security of our Services, Site and Users’ information. eFileCabinet implements, enforces and maintains security policies to prevent the unauthorized or accidental access to or destruction, loss, modification, use or disclosure of Personal Information or Personal Data and to monitor compliance of such policies on an ongoing basis. The information is hosted on the Amazon Cloud in the United States which provides advanced security features. All information is stored with logical separation from information of other Customers. However, we do not guarantee that unauthorized access will never occur.

We use a combination of processes, technology and physical security controls to help protect Personal Information and Personal Data from unauthorized access, use, or disclosure. When Personal Information or Personal Data is transferred over the Internet, we encrypt it using Transfer Layer Security (TLS) encryption technology or similar technology.

Unless otherwise agreed with the Customer and subject to applicable law, eFileCabinet shall act in accordance with its policies to promptly notify Customer in the event that any Personal Information or Personal Data processed by eFileCabinet on behalf of a Customer is lost, stolen, or where there has been any unauthorized access to it.

eFileCabinet uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the eFileCabinet Service. Where practical, we seek to obtain confidentiality agreements that are consistent with this Privacy Policy and that limit others’ use or disclosure of your Personal Information and Personal Information.

                             

  1. CHANGES TO THE PRIVACY POLICY

The terms of this Privacy Policy will govern the use of the Site and Service and any information collected in connection therewith, however, eFileCabinet may amend or update this Privacy Policy from time to time. The most current version of this Privacy Policy will always be posted at https://www.eFileCabinet.com/privacy-policy. Changes to this Privacy Policy are effective as of the stated “Last Revised” date and your continued use of the Site and/or Services will constitute your acceptance of, and agreement to be bound by, the changes to the Privacy Policy. We encourage you to review this Privacy Policy periodically.

 

  1. EU-US PRIVACY SHIELD AND SWISS-U.S. PRIVACY SHIELD

eFileCabinet, Inc. participates in and has certified its compliance with the E.U.-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. eFileCabinet, Inc. is committed to subjecting all personal data received from European Union (E.U.) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield site https://www.privacyshield.gov/.

eFileCabinet, Inc. is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. eFileCabinet, Inc. complies with the Privacy Shield Principles for all onward transfers of personal data from the E.U. and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred to the Privacy Shield Framework, eFileCabinet, Inc. is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, eFileCabinet, Inc. may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In compliance with the Privacy Shield Principles, eFileCabinet, Inc. commits to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield should first contact us at legal@efilecabinet.com.

eFileCabinet, Inc. has further committed to refer unresolved Swiss-U.S. Privacy Shield complaints to the Swiss Federal Data Protection and Information Commissioner (FDPIC with regard to unresolved Swiss-U.S. Privacy Shield complaints concerning data transferred from Switzerland. It is possible under certain conditions for an individual to invoke binding arbitration when other dispute resolution procedures have been exhausted.

eFileCabinet has further committed to cooperate with the panel established by the EU Data Protection Authorities (DPAs) with regard to unresolved E.U.-U.S. Privacy Shield complaints concerning data transferred from the EU. It is possible under certain conditions for an individual to invoke binding arbitration when other dispute resolution procedures have been exhausted.

  1. Third Party Links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

  1. QUESTIONS, CONTACT INFORMATION AND COMPLAINTS

If you have any questions (or comments) concerning this Privacy Policy, you are welcome to send us an email or otherwise contact us at the following address and we will try to reply within a reasonable timeframe.

Please do not hesitate to contact us:
legal@eFileCabinet.com or 1-877-574-5505.

eFileCabinet, Inc.
4101 North Thanksgiving Way, Suite 200
Lehi, Utah, 84043
USA