Information for Law Enforcement Authorities

The following information is provided for law enforcement or other government entities seeking information about users of the Evernote Service. Criminal defense or civil litigants seeking information about users of the Evernote Service should contact Evernote at complianceteam@evernote.com. All other requests for information regarding the Evernote Service, including user questions regarding notes and user information, should be directed to our Customer Support team.

The Evernote Service

The Evernote Service and related software applications allow users to create and save content in notes and notebooks, which may be retained as private or shared with one or more individuals, including via shared notebooks, email or posting to social media sites. The Evernote Service is offered by California-based Evernote Corporation and its subsidiaries. All user information is processed and stored by Evernote Corporation in California.

Information Available from Evernote

Evernote collects user information in accordance with our Terms of Service, Privacy Policy and any applicable Separate Agreement(s) (as defined in our Terms of Service). While the Evernote Service collects some non-content information about users and their use of our Service, the vast majority of data that we hold is content users create and store in their own accounts as notes. Users can access this content as long as their accounts are active. We use the term “User Information” to refer to both the content in users’ accounts as well as the records we maintain about Evernote Service users.

Evernote User Notification Policy

Evernote has a policy of notifying a user when we receive legal process from a third party requesting that user’s data, except in the following circumstances:

  • where providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law; or
  • where, based on information supplied by law enforcement, we, in our sole discretion, believe: (a) that providing notice could create a risk of injury or death to an identifiable individual or group of individuals, or (b) that the case involves potential harm to minors.

Requests from US Law Enforcement

All law enforcement or governmental requests for User Information should be directed to Evernote Corporation located in Redwood City, California. Evernote Corporation will respond to valid, properly served legal process to the extent permitted by our Terms of Service , Privacy Policy , and US law, including the Stored Communications Act (“SCA”), 18 USC § 2701-2712. Specifically:

  1. A valid trial, grand jury or administrative subpoena is required to compel the disclosure of basic subscriber records (defined in 18 USC § 2703(c)(2)).
  2. A court order issued pursuant to 18 USC § 2703(d) is required to compel the disclosure of additional subscriber records or transactional information pertaining to an account, not including contents of communications.
  3. A search warrant issued under the procedures described in the US Federal Rules of Criminal Procedure (or equivalent state warrant procedures) is required to compel the disclosure of any account contents.

Requests from Non-US Law Enforcement

We may disclose account records in accordance with our Terms of Service, Privacy Policy and applicable law, and we may require the use of diplomatic processes such as Mutual Legal Assistance Treaty requests through the U.S. Department of Justice in order to compel the disclosure of User Information. Please note that US law prohibits the disclosure of user content to non-US law enforcement entities absent explicit user consent.

Form of Law Enforcement Requests for User Information

Law enforcement agencies or other governmental entities may deliver legal process by email, fax, courier or mail to:

Evernote Corporation
305 Walnut Street
Redwood City, California 94063 USA
Attention - Legal Compliance Team
Email: complianceteam@evernote.com

All requests must be sent on official government/law enforcement letterhead and must include the following:

  • Name of the issuing authority
  • Badge/ID number of responsible agent
  • Contact email address from a law enforcement domain
  • Direct contact telephone number
  • Evernote Service Username or email address associated with the Evernote Service account (Evernote is unable to comply with legal process requesting information solely using a user’s proper name)

In addition, all requests must identify the requested User Information with particularity and include a statement indicating the relevancy of the Evernote User Information to the ongoing investigation.

Please note that for governmental entities or law enforcement communications by email, Evernote will only respond to emails from law enforcement email domains.

Emergency Requests

In the event of an emergency involving the danger of death or serious physical injury to a person, law enforcement agents may make an emergency disclosure request by emailing this form to complianceteam@evernote.com with the subject: Emergency Disclosure Request.

Users or non-law enforcement third parties aware of an emergency situation should not contact us at this email address but instead should immediately and directly contact local law enforcement officials. Other urgent communications may be directed to the Evernote Support team.

Cost Reimbursement

Evernote may seek reimbursement for costs associated with responding to requests for User Information, as permitted by US law (18 USC § 2706). We may waive these fees in our discretion, including, for example, in cases involving potential harm to minors and emergency requests.