Effective Date: January 1, 2020 – What’s New >>
In the event of a conflict, the English language version shall govern.
Please note, if you use Evernote Basic, Plus, or Premium, you are both the Account Holder and End User of an Evernote Service account. If you use Evernote Business, the Account Holder is the Customer who has contracted with Evernote as defined in our Evernote Business Agreement and the End Users are the individuals whose user accounts are linked to that Evernote Business account. You can find these and other defined terms used in this policy in our Glossary at the end of this page.
If you are an End User of an Evernote Business account, please note that the Account Holder of your Evernote Business account (such as your employer or organization) may have established its own rules regarding End Users’ access, use, disclosure, or retention of data stored in that account. Also note that while an Administrator of an Evernote Business account has access to the End User accounts linked to that Evernote Business account, an Administrator cannot access any other accounts that are not linked to the Evernote Business account. You can find more information on how your personal Evernote Service account works with your Evernote Business account by visiting https://help.evernote.com/hc/en-us/articles/209005287.
Although significant changes are rare, this policy may be amended as new features, technology, or legal requirements arise, so please check back from time to time. We’ll notify you if we make a significant change and, where required, seek your consent.
What information does Evernote collect?
We built Evernote to help you remember and organize your ideas, thoughts, and memories. That means you can input, upload, or store in Evernote any text, images, and other data that you choose—we refer to that information as“Content”. We also collect and receive the following types of information:
- Basic subscriber information. To open your account and process payments, we collect and receive identifiers like your email address and, depending on how you purchase a subscription to Evernote Plus, Evernote Premium or Evernote Business (each a “Paid Service”), your billing address and other payment information.
- Usage data. We collect and log Internet or other electronic network information on how you and others access and use Evernote, for example, the act of creating a note or sharing a note. Usage data may be collected through cookies, and similar technologies. For more information, including how to opt-out, visit our Cookie Information page.
- Location information. We collect the IP address you use to connect to the Service and — if you choose to share it — your location information from a mobile device.
- Device information. We collect information about the number and type of devices you use to connect to the Service, as well as information about the operating systems on those devices (e.g., iOS, Android, Windows). Learn more about information our applications collect from your device on our Data Usage page.
We also may link your subscriber information with data we receive from our partners and other third parties to help understand your needs and provide you with a better experience. For example, if you create or log into an Evernote account using your Google Apps credentials via single sign-on, we will have access to certain information such as your name and email address as authorized in your Google Apps profile settings.
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How does Evernote use my information?
We have specific rules for how and when we use the information we collect and receive. We describe these below.
What does Evernote do with my information?
We are committed to protecting the privacy of your information. Below, we describe the ways in which we use the information we collect and receive to provide, maintain, and improve the Service; to provide troubleshooting and customer support; to protect the Service for all our users; to contact you; and to administer Evernote Business accounts.
- Performing our Services. We use a number of technologies to help you get the most out of the Service. Our systems automatically analyze your data to power Evernote features and to continually improve the Service for you in a way that does not require anyone to look at your Content. This may include, for example:
- Maintaining our Services. To provide troubleshooting and customer support, our Customer Support team may need to access your information, such as your account email address and information about the Evernote application you are using, subject to the protections described below.
- Protecting against security threats, abuse, and illegal activity. As part of our efforts to protect your account and the functionality of the Service, our systems may analyze the emails you send to and from your Evernote account and the notes you share to detect spam, malware, or other potential security concerns. If we determine that such material constitutes a Terms of Service or User Guidelines violation, we may block delivery of or unshare the problematic material, much like a spam filter works for your email inbox.
Learn more about steps you can take to protect your account, such as using strong passwords, two-step verification, and encryption.
- Communicating with you. In accordance with your communication preferences, we’ll occasionally contact you to announce new products and features we build for you, share tips for using Evernote to get more done, make special offers, and provide information about how Evernote works with products and services from our business partners.Learn MoreShow Less
Would someone at Evernote ever view my Content?
You have control over who sees your Content. We limit the use of your Content to make sure that no one at Evernote can view it unless you expressly give us permission or it’s necessary to comply with our legal obligations. Specifically:
- To help refine or improve the technology, we may ask you for permission to review portions of your Content. For example, if a new feature suggests related notes that are relevant to your Content, we may give you an opportunity to provide us feedback on how well the feature is performing along with a sample of the Content in question, so we can make sure this feature provides appropriately tailored suggestions. Such access to your Content is done only with your express permission and is subject to strict confidentiality rules and data access controls. Choosing to give us such permission is completely voluntary.
- If you contact our Customer Support team for help with specific pieces of Content in your account (for example, if you can’t find a note you believe should be in your account), we may ask for your temporary permission to look at your Content. This permission terminates when the issue is resolved.Learn MoreShow Less
- If we become aware of a potential violation of our a Terms of Service or User Guidelines, we may suspend or close your account until the problematic material is removed. Under such a circumstance, we would only look at the Content in your account if you give us consent or if necessary to comply with our legal obligations, including to protect the safety of you or any other person.
To test and improve our product offerings for our users, we use aggregated data that does not contain any personal information, does not identify any person, and cannot be connected to any specific user. This policy is not intended to apply to such anonymized/de-identified data.
How does Evernote share or disclose my information?
Evernote is not in the business of selling or renting your information. Here are instances when we may disclose your information — and then only the minimum information necessary:
- We share your information with service providers who process data on our behalf, such as credit card processors and customer management systems. For example, these service providers help us:
We do not share your information with any third parties for their own advertising purposes.Learn MoreShow Less
- Your Content is private unless you decide you want to share it. You may choose to share using public links or through any of the Service’s features that allow you to share or collaborate on Content (“Collaboration Features”). If you choose to share, we may need to take steps to facilitate your collaboration. Learn MoreShow Less
- In the event of a merger, sale, or reorganization of all or part of our business, information covered by this policy may be transferred in connection with that deal.
- As described on our Cookie Information page, we contract with third-party advertising networks in order to deliver relevant Evernote advertisements to you across the Internet and to manage our communications with you. We do not use your Content for these purposes. In addition, we may share with partners or service providers a hashed identifier to serve you relevant Evernote ads when you visit partners’ and providers’ websites, applications or platforms. We may, for instance, participate in the Google Adwords Remarketing, Twitter Tailored Audience and Facebook Custom Audience services. To learn more about the privacy controls that Google, Twitter and Facebook offer and honor for those respective services, please visit here for Google, here for Twitter, and here for Facebook. You may opt out of certain ad targeting and retargeting services by visiting the Digital Advertising Alliance’s opt-out page, or the Network Advertising Initiative’s opt-out page.
- We also may share information about you with third parties whenever you consent to or direct such sharing. This includes, for example, if you connect your Evernote account with a third-party app in our App Center.Learn MoreShow Less
How does Evernote respond to legal requests for my information?
We vigilantly protect the privacy of your account. We will not disclose your information to law enforcement or other governmental authorities unless we believe it is required to comply with warrants, court orders, subpoenas, or other lawful government requests. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards of due process.
We narrowly interpret all information requests, and we only disclose Content in your account that is specifically responsive to a government warrant or where you have provided your explicit consent. In accordance with our user notice policy, we will notify you if we believe we are compelled to comply with a third party’s legal demand for your information, and we routinely push back on government orders to delay user notice that we view as overly broad. You can find more information in our current Transparency Report.
In addition, in rare cases, we may share your information as necessary to investigate or take action regarding illegal activities, suspected fraud, or potential threats against persons, property or the systems on which we operate the Service, or as otherwise necessary to comply with our legal obligations.
How can I manage my information stored in Evernote?
Consistent with our first law of data protection—your data is yours—in most cases, you can manage your information simply by logging into your account and editing your information directly within the Evernote Service.
A Note for our European End Users about our Data Processing Grounds and your Data Access Rights
We process personal data originating from the European Economic Area (“EEA”), the United Kingdom, and Switzerland on one of three grounds, depending on the circumstances: (i) your affirmative consent, in which case you will have the right to withdraw consent at any time; (ii) contractual necessity; or (iii) our legitimate interest in providing the Service.
Below is an explanation of the the data access rights Evernote makes available to EEA, UK and Swiss individuals.
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How long does Evernote store my information?
Evernote's mission is to help you remember everything important in your life. In order to do that, we make the Content you store in Evernote readily accessible to you, until you make the decision to delete it.
If you delete your Content and then sync, it will no longer be accessible to you or others who may access the Service. The Evernote service’s back-up systems may retain residual copies of your deleted Content for up to one year due to the nature of those systems’ operations.
Evernote provides you with features that allow you to communicate and collaborate with other users. Please note that deleting your copy of these communications (such as messages) won't delete copies existing in the accounts of people you were interacting with.
For users who are inactive for extended periods of time, we may close your account to satisfy our obligations under applicable law, and in accordance with our data retention policy. If that happens, we will try to notify you before taking any action.
What happens if I want to stop using Evernote?
As described above, you can delete your Content at any time, and you can stop using the Evernote service at any time. And as we promise in our third law of data protection, your data is portable. You can export your notes at any time, as explained here.
What happens if Evernote closes my account?
If Evernote deactivates your account due to a TOS violation, then you may contact us to request deletion of your Content, and we will evaluate such requests on a case by case basis, pursuant to our legal obligations.
Where does Evernote store my information?
When you use Evernote Software on your computing device, such as by using one of our downloadable applications, some of your data will be stored locally on that device.
When you sync your computing device with the Service, that data will be replicated on servers maintained in the United States. This means that if you store information in or submit data to the Evernote website or Evernote Software and sync such Evernote Software with the Evernote service, you acknowledge your personal information will be transmitted to, hosted, and accessed in the United States.
Which Evernote company is my data controller?
If you live in Brazil, your data controller is Evernote do Brasil Serviços de Aplicaçōes Ltda. (“Evernote Brasil”). If you live in the United States and Canada, your data controller is Evernote Corporation (headquartered in California). If you live anywhere else, your data controller is Switzerland-based Evernote GmbH.
How does Evernote comply with data transfer rules?
Evernote uses two data transfer mechanisms: the Standard Contractual Clauses and the Privacy Shield Frameworks.
Standard Contractual Clauses
Evernote utilizes the Standard Contractual Clauses, which are contract terms developed and approved by the European Commission as ensuring adequate protection for data subjects when transferring personal data from the EEA, the United Kingdom (“UK”), or Switzerland to the United States and other countries. The Standard Contractual Clauses are generally referenced within a Data Processing Agreement entered between Evernote and the applicable parties.
Privacy Shield Frameworks
In addition, Evernote Corporation has certified its compliance with the EU-US Privacy Shield and the Swiss-US Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use, and retention of personal data from EEA member countries, the UK, and SwitzerlandLearn MoreShow Less
Your California Privacy Rights
Consumers residing in California are afforded certain additional rights with respect to their personal information under the California Consumer Privacy Act or (“CCPA”) (California Civil Code Section 1798.100 et seq.). If you are a California resident, these terms and conditions apply to you.
California Consumer Privacy Act
We provide the following additional disclosures related to the collection, use, and disclosure of personal information under the CCPA:
- Categories of Personal Information Collected. In the preceding 12 months, we have collected the categories of personal information listed below.
- Categories of Personal Information Disclosed. In the preceding 12 months, we have disclosed the following categories of personal information for business or commercial purposes: identifiers, commercial information, biometric information, Internet or other electronic network information, and geolocation data.
- Sale of Personal Information. Evernote does not, and will not, sell the personal information of our users. Evernote has not sold the personal information of our users for a business or commercial purposes in the preceding 12 months.
Your Consumer Rights
California consumers have the right to request access to the specific pieces of personal information we have collected about them in the last 12 months. You may also request additional details about our information practices, including the categories of personal information we have collected about you, the categories of sources of such collection, the business or commercial purpose for collecting personal information, the categories of third parties with whom we share your personal information, and the categories of personal information we have disclosed about you in the preceding 12 months. If you are a California consumer, you also have the right to (i) request deletion of your personal information (subject to certain exceptions), (ii) opt out of sales of personal information, and (iii) receive equal service and price and not be discriminated against even if you exercise any of your other CCPA rights.
California consumers may make requests by following these instructions:
- Submit a ticket through our Help and Learning portal located at https://help.evernote.com. If you do not have an Evernote account or are a free subscriber, you can submit a request as a guest.
- Alternatively, you may email your request to email@example.com. In the subject line of your email, please write “CCPA Rights Request.”
Note that in order to fulfill your request, we may need you to provide certain information to verify your identity. You can also designate an authorized agent to exercise these rights on your behalf. We will not discriminate against you if you choose to exercise your rights under the CCPA.
Does Evernote allow children to use its Services?
Our Services are designed for adults, not children under the age of 16. As such, we do not intend to collect personal information from children under the age of 16, and our Services are not designed to manage such information. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at firstname.lastname@example.org.
How does Evernote respond to Do Not Track signals?
Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, Evernote does not currently respond to or otherwise take action in response to web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information about an individual consumer’s online activities over time and across third party websites or online services. For information about Do Not Track, visit www.allaboutdnt.org.
How can I contact Evernote?
305 Walnut Street
Redwood City, California 94063 USA
Attention: Privacy Team
c/o Centralis Switzerland GmbH
Dufourstrasse 101, 8008 Zurich, Switzerland
Attention: Privacy Team
EVERNOTE DO BRASIL SERVIÇOS DE APLICAÇÕES LTDA.
Avenida Paulista, no 2.300
Edifício São Luís Gonzaga
CEP: 01310-300 São Paulo/SP
Attention: Privacy Team
- Account Holder means the person or entity who has contracted with Evernote as either an individual Basic, Plus, or Premium user or as a Customer as defined in our Evernote Business Agreement.
- Collaboration Features means any of the Service’s features that allow you to share or collaborate on Content.
- Content means the text, images, and other data you choose to input, upload, and store in Evernote.
- End User means the individual who uses an account on the Evernote service.
- Evernote (or sometimes “we” or “us”) means Evernote Corporation and its affiliated companies that also act as data controllers: Evernote GmbH and Evernote Do Brasil Servicos de Aplicaçōes Ltda.
- Evernote Service (or sometimes “Service”) means the Evernote Software (as defined below) and other products, services and websites hosted or made available by Evernote, including our downloadable applications, App Center, User Forum, and Help & Learning pages.
- Evernote Software means the software hosted on Evernote’s servers and the software we make available to be deployed by you or a third party to enable capturing of Content originating outside the Service, such as Evernote Scannable or Evernote Web Clipper or any of the Evernote software applications for compatible computing devices that enable access and use of the Service through such device
- Group Companies means Evernote Corporation and its wholly owned subsidiaries, which include Evernote GmbH and Evernote do Brasil Serviços de Aplicaçōes Ltda.
- Paid Service means Evernote Plus, Evernote Premium, Evernote Business, and any other Evernote offering for which we collect payment (in the form of currency, Evernote points, coupon codes).