Updates to our legal documents

This page summarizes the most recent changes to each of our legal documents.

Commercial Terms

January 6, 2014 updates to September 26, 2013 version:
We made a few changes related to Evernote Points. We clarified how we handle expired Points, provided notice of the possible tax payment obligations users may have in connection with purchases made using Points and clarified that certain rewards obtained using Points are not transferable. We also made changes to the Evernote Market terms reflecting the expansion of the Market’s availability in other regions. In addition, we made some non-substantive clarifications.

September 26, 2013 updates to March 1, 2013 version:
We introduced new terms relating to the commercial transactions that will occur in the Evernote Market, which resulted in a brand new section (The Evernote Market) and required coordinating modifications of a variety of other terms. We also describe which Evernote company an Evernote Market customer will be contracting with, as it may be different than purchases of Evernote service subscriptions. We made a number of other changes to clarify information existing in the prior version.

Evernote Business Agreement

April 29, 2013 updates to March 1, 2013 version:
We added language to Section 3 of the Agreement to provide that Evernote Business users must ensure that their use of the Service complies with applicable laws governing the protection of certain health and financial records and data. We added a requirement in Section 9 that Evernote Business users are responsible for obtaining any required permissions from parents or guardians of minors before they allow the minors to use their Evernote Business Account, and includes a special requirement for schools in the United States if they intend to enable children under age 13 to use the Evernote Business service. And we modified Section 20.c. to enable certain government users in the United States, who would otherwise be prohibited from using the service in their official government capacity (due to government-mandated contracting terms), the ability to use the Evernote Business service.

Terms of Service

January 6, 2014 updates to September 26, 2013 version:
We made a number of changes clarifying: (i) that we have the right to unshare or take down shared content that violates our Terms of Service; (ii) how we will treat the collection of information from children who are located outside the United States; and (iii)how the choice of law provisions apply as a result of the expanded offering of Market products globally. In addition, we made some non-substantive revisions.

September 26, 2013 updates to March 1, 2013 version:
We provided new information in a number of areas of our Terms of Service to address the introduction of the Evernote Market. We changed our language regarding use of the Evernote Service by children under the age of 13 because we no longer offer “Sponsored Group” subscriptions. We also clarified how we handle the parental consent requirement under the U.S. Children’s Online Privacy Protection Act (COPPA) for our users in the United States. We clarified our language regarding the type of information Administrators of Evernote Business service accounts obtain regarding the members of their Evernote Business account, and we provided a link to a FAQ page which will enable us to update this information, from time to time. We added a new section for California users of the Evernote service, providing the telephone number and address of the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs. We also made a number of other changes to clarify information existing in the prior version.

Privacy Policy

February 12, 2014 updates to January 6, 2014 version:
We updated our Privacy Policy to indicate that we will be using cookies to deliver ads for relevant Evernote products and services to visitors to certain Evernote.com web pages who then visit certain third-party sites. We also added back into the Privacy Policy “How Secure Is My Data” section wording that was included in the previous version of our Privacy Policy and inadvertently omitted from the January 6 update.

January 6, 2014 updates to September 26, 2013 version:
We made several changes clarifying: (i) how we collect certain device identifiers; (ii) how our Web Clipper and Clearly browser extensions collect data; and (iii) our policy regarding the collection of information from children who are located outside the United States. We also added information to explain how third-party plugins on the service, such as Facebook “Like” buttons (which we call “Social Media Features”) may collect information about you, and we updated our security information.

September 26, 2013 updates to March 1, 2013 version:
We provided new information in a number of areas of our Privacy Policy to describe the information collected, used and disclosed if you purchase items from the Evernote Market. We added an explanation of who the data controller will be for our Evernote Service users in the European Union and Switzerland. We inform our Evernote Market customers in Japan that we are sharing Market-related information with a third-party reseller / fulfillment partner for purchases made in Japan. We also added information for users who redeem a promotional code that we may receive a unique device identifier for their computing device or telephone number, which we use to redeem such promotional code or provide account verification support to the user. We made a number of other changes to clarify information existing in the prior version.

User Guidelines

September 26, 2013 updates to March 1, 2013 version:
We updated the Guidelines to clarify that users are legally responsible for ensuring that they are complying with local laws applicable to them when they use the Evernote service. This has been stated in our Terms of Service, but we wanted to ensure that our User Guidelines reflect this as well.

IP Compliance Program

March 1, 2013 updates to December 4, 2012 version:
We added the contact information for our new company in Brazil.

Cookie Information

February 12, 2014 updates to January 29, 2014 version:
We have added language describing the cookies we will be using to collect non-personally identifiable information about users’ visits to certain pages of Evernote.com for the purpose of serving ads for relevant Evernote products and services to users when they are on certain third-party sites. We have also provided information on how users can opt out of these cookies.

January 29, 2014 updates to January 6, 2014 version:
We updated the section on Performance Cookies to describe the use of Google Analytics on our desktop clients.

January 6, 2014 updates to March 1, 2013 version:
We updated our page to indicate that we are using Silverpop cookies instead of Marketo cookies. We also updated the Social Media Features available on our web pages to list the third-party plugins on our Russian-language and Japanese-language websites.

Third Party Applications Permissions

March 1, 2013 updates to December 4, 2012 version:
We added language about how OAuth permissions work with our applications, including descriptions of the types of data third party applications may access when users grant these third party applications access to their Evernote accounts via the OAuth flow.

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