Overview

Your privacy and trust are important to us. This Privacy Policy explains how Safari Technologies, Inc. d/b/a Safari SOP (“STI,” “we”, “us” or “our”) collects, uses, shares, and otherwise processes information relating to individuals (“Personal Data”). Please read this Privacy Policy carefully to learn about your rights and choices regarding your Personal Data.

PERSONAL DATA TO WHICH THIS PRIVACY POLICY DOES NOT APPLY: This Privacy Policy does not apply to Personal Data stored in the Safari application or the Safari ServePort™ portal or the Safari Secureshare portal (the “Services”). With respect to the Services, STI is a “Data Processor” only on behalf of an STI’s customer, who is the “Data Controller.” Personal Data stored and retained in the Services by STI’s customers about you may include, but may not be limited to:

• STI customers or their agents may upload or enter Personal Data about you that is contained in subpoenas, garnishments, information requests, and other service of process documents (collectively “SOP Documents”), or that is entered about you relating to the SOP Documents;
• STI customers may use the Services to deliver Personal Data about you to the subpoena issuer;
• STI customers may use the Services to enter Personal Data about subpoena issuers; and
• You as an employee of a STI customer, or as a subpoena issuer that has issued a SOP Document to a STI customer, may enter Personal Data into the Service (e.g. a user profile or credit card information) (collectively, “Customer SOP Data”).

This Privacy Policy (and the term “Personal Data”) does not apply to such Customer SOP Data because (1) STI has no ownership of this Customer SOP Data, and (2) STI processes Customer SOP Data solely in the role as a processor or service provider on behalf of our customers. For detailed privacy information related to an STI customer or a customer affiliate who uses the Service, please contact our customer directly. We are not responsible for the privacy or data security practices of our customers, which may differ from those explained in this Privacy Policy.

What Personal Data do we collect?

Information You Provide.  When you fill out a form on our website, we collect any information you provide in the form, such as name and/or email address.

Information that we collect automatically.  Our website and Service use cookies and other technologies to function effectively. These technologies record information about your use of our website and Service, which may include:

• Browser and device data, such as IP address, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons and the language version of the Sites you are visiting;
• Usage data, such as time spent on the websites, pages visited, links clicked, and the pages that led or referred you to our website.

We may also collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps and other online features and services. From time-to-time we may use Google Analytics on our website to help us analyze your use of our site and diagnose technical issues.

Information from public sources.  We also collect personal information about you from third parties such as companies that provide contact information, and from publicly available sources such as public websites, open government databases or other data in the public domain, to help us maintain data accuracy.

Surveys.  STI frequently conducts surveys with and on behalf of industry organizations and willing survey participants. Unless the survey specifically requires information about you or your company, these surveys are anonymous, and STI gathers the information only for the purposes of aggregating the information and providing reports for the benefit of customers and the community of people that are generally interested in how to better process and respond to SOP Documents.

How we gather and use Personal Data

Marketing and events-related communications.  We may send you email marketing communications about STI products and services, invite you to participate in our events or surveys, or otherwise communicate with you for marketing purposes. When we collect your business contact details through our website or our participation at trade shows or other events, we may use the information to follow-up with you regarding an event, and send you information that you have requested on our products and services.

Website visits and tracking.  As is true of most websites, we gather certain information automatically when individual users visit our websites. This information may include identifiers, commercial information, and internet activity information such as IP address (or proxy server information), device and application information, identification numbers and features, location, browser type, plug-ins, integrations, Internet service provider and/or mobile carrier, the pages and files viewed, searches, referring website, app or ad, operating system, system configuration information, advertising and language preferences, date and time stamps associated with your usage, and frequency of visits to the websites. This information is used to analyze overall trends, help us provide and improve our websites, offer a tailored experience for website users, and secure and maintain our websites.

Cookies, web beacons and other tracking technologies on our website and in email communications.  We may use technologies such as web beacons, pixels, tags, and JavaScript, alone or in conjunction with cookies, to gather information about the use of our websites and how people interact with our emails.

When you visit our websites, we, or an authorized third party, may place a cookie on your device that collects information, including Personal Data, about your online activities over time and across different sites. Cookies allow us to track use, infer browsing preferences, and improve and customize your browsing experience. You can also control the use of cookies on your device, but choosing to disable cookies on your device may limit your ability to use some features on our websites and services.

We may also use web beacons and pixels on our websites and in marketing emails. For example, we may place a pixel in marketing emails that notify us when you click on a link in the email. We use these technologies to operate and improve our websites and marketing emails. Where we send marketing emails, we provide unsubscribe options for your use within our emails.

System operation generally.  We may use Personal Data to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.

Purposes for which we use Personal Data and legal bases on which we rely

We rely upon a number of legal grounds to ensure that our use of your Personal Data is compliant with applicable law. We use Personal Data to do the following:

• facilitate the business relationships we have with our customers;
• send you marketing information, product recommendations and other non-transactional communications (e.g., marketing newsletters) about us and our affiliates and partners, including information about our products, promotions or events as necessary for our legitimate interest in conducting direct marketing or to the extent you have provided your prior consent;
• analyze trends and to track your usage of and interactions with our website and Service to the extent it is necessary for our legitimate interest in developing and improving our website and Service and providing our users with more relevant content and service offerings, or where we seek your valid consent; and
• pursue our legitimate business interests.

When and with whom do we share Personal Data?

We will share Personal Data with third parties only in the ways that are described in this Privacy Policy. STI does not sell, rent or lease Personal Data to third parties.

We may share data with our own service providers, to help us perform statistical analysis, send you email or postal mail, provide customer support, and support our business and the Services. All such third parties are prohibited from using Personal Data except to provide these services to STI and they are required to maintain the confidentiality of Personal Data.

We will disclose Personal Data, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process, such as a subpoena, served on STI; (b) protect and defend the rights or property of STI; and, (c) act under exigent circumstances to protect the personal safety of users of STI, or the public.

We may also share anonymous or de-identified usage data with our service providers for the purpose of helping STI in such analysis and improvements. Additionally, we may share such anonymous or de-identified usage data on an aggregate basis in the normal course of operating our business; for example, we may share information publicly to show trends about the general use of our services.

Your rights relating to your Personal Data

Opting out of receiving electronic communications from us.  If you no longer want to receive marketing-related emails from us, you may opt-out via the unsubscribe link included in such emails. We will try to comply with your request as soon as reasonably practicable.

Cookies.  You can typically remove and reject cookies from our website with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it may affect how our website works for you.

Other rights.  Please contact us as provided below for requests to access, correct, amend, delete, or limit the use or disclosure of your Personal Data. We will respond to your request within a reasonable timeframe. We take each request seriously. We will comply with your request to the extent required by applicable law. We will not be able to respond to a request if we no longer hold your Personal Data. For your protection, we may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. If you feel that you have not received a satisfactory response from us, you may consult with the data protection authority with jurisdiction over you.

Rights relating to Customer SOP Data.  If you are a subject of information required by an SOP Document or a response to an SOP Document, please direct your requests directly to the Customer that received the SOP Document or sent the response to the SOP Document.

How do we secure your Personal Data?

We take precautions including organizational, technical, and physical measures to help safeguard against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure of, or access to, the Personal Data we process or use.

While we follow generally accepted standards to protect Personal Data, no method of storage or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices and signing out of our Service. If you have any questions about our security, please contact us by using the information in the “Contacting Us” section below.

Retention of Personal Data

We retain Personal Data for as long as it is legally permitted for the purposes stated in this Policy. Sometimes, we may retain your information for longer periods as permitted or required by law, such as to maintain suppression lists, prevent abuse, if required in connection with a legal claim or proceeding, to enforce our agreements, for tax, accounting, or to comply with other legal obligations. When we no longer have a legitimate need to process your information, we will take reasonable steps to delete or anonymize your information from our active databases.

Links to Other Websites

The Services may provide the ability to connect to other websites. These websites may operate independently from us and may have their own privacy notices or policies, which we strongly suggest you review. If any linked website is not owned or controlled by us, we are not responsible for its content, any use of the website or the privacy practices of the operator of the website.

Changes to this Policy

We may change this Privacy Policy. If we make any substantive changes related to how we collect or use data, we will change the effective date above. Other changes including grammar or spelling corrections will be automatically updated.

Contacting Us

We welcome your comments or questions about this Privacy Policy. You may also contact us at our address:

• Safari Technologies, Inc., PO Box 2231 Issaquah, WA 98027

Additional Disclosures for California Residents

As a California consumer and subject to certain limitations under the CCPA, you have choices regarding our use and disclosure of your personal information:

• Exercising the right to know.You may request, up to twice in a 12-month period, the following information about the Personal Data we have collected about you during the past 12 months:
  • the categories and specific pieces of personal information we have collected about you;
  • the categories of sources from which we collected the personal information;
  • the business or commercial purpose for which we collected the personal information;
  • the categories of third parties with whom we shared the personal information; and
  • the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.
• Exercising the right to delete.You may request that we delete the Personal Data we have collected from you, subject to certain limitations under applicable law.
• Exercising the right to opt-out from a sale.STI does not sell any Personal Data; nevertheless, you may request to opt out of any “sale” of your personal information that may take place.
• Non-discrimination.The CCPA provides that you may not be discriminated against for exercising these rights.

To submit a request to exercise any of the rights described above, you may contact STI as provided above. We may need to verify your identity before responding to your request, such as verifying that the email address from which you send the request matches your email address that we have on file. Authentication based on a government-issued and valid identification document may be required.

1. Acceptance of Terms

Safari, which is an online software-as-a-service, and the accompanying ServePort™ portal (collectively, “Safari Service” or “Safari”) are owned and operated by Safari Technologies, Inc. d/b/a Safari SOP (“STI”). Unless there is a separate written agreement as provided in Section 13 below, these Terms of Use constitute a legally binding agreement between you and STI. Please read these Terms of Use carefully before using the Safari Service. By accessing, viewing or using any page, part or component of the Safari Service you agree that you have read, understood, and agree to be bound by these Terms of Use. "You" and "your" refer to you individually and to your company, firm, or legal entity using Safari.

2. Description of Safari

Companies and corporate law departments that have entered into a written agreement with STI ("Clients") use the Safari Service to (i) manage service of process and other information requests, (ii) grant access to their outside counsel ("Firms") to assist with the management of service of process and provide legal advice regarding such service of process, and (iii) deliver responses to subpoena issuers and other parties requesting information (“Issuers”). “Authorized Users” are (a) individuals at Clients for which a user account has been created by the Client; (b) individuals at Firms that the Client has granted access to Safari, for which a user account has been created by the Firm or the Client; and (c) individuals at law firms, government agencies or other entities to which Client has sent specific access codes to a ServePort portal for the delivery of files in response to a subpoena or information request.

3. Your Responsibilities & Restrictions

STI does not oversee your use or any other individual's or entity's use of Safari. Accordingly, you are responsible for your use of Safari, including but not limited to: (i) when specifying your password for your account, using a secure and non-obvious password (for example avoiding dictionary words, using both lower and uppercase characters, and including punctuation marks or symbols such as #, $, %, etc.); (ii) not sharing your password with others; (iii) periodically changing your password; (iv) logging out after each session; (v) granting access only to appropriate users; (vi) ensuring that you upload files and documents that do not have viruses; (vii) installing the most recent security patches and updates for your web browser; (viii) not altering, corrupting, hacking, or violating any Safari computer code affecting the security and access controls of Safari; and (ix) complying with all applicable laws, rules, and regulations. You accept full responsibility for all activities that occur by your account within Safari, whether or not authorized by you. In addition, STI does not verify the identity of users entered into Safari by Client or Firm users, and you are responsible, when inviting or creating a user in Safari (or specifying delivery of information to individual(s) at Issuers), for confirming that the individual’s email address displayed in Safari (which is used to notify the individual) is the individual’s correct and valid email address. Finally, you agree not to: (a) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Safari or its systems, the Client’s information or responses, or any portion or derivative thereof for any purpose; (b) interfere or attempt to interfere with the proper working of Safari; (c) sell, copy, distribute, or create derivative works based on Safari, in whole or in part; nor (d) bypass any measures used by STI to prevent or restrict access to any portion of the Safari, the Client’s information or responses, or any portion or derivative thereof. Any unauthorized use Safari shall terminate your rights as an Authorized User. There is no charge to you to use the system unless you have a Separate Written Agreement (defined in Section 13 below) providing otherwise.

4. Data Submitted to Safari

STI does not own any of the data that is submitted to Safari (collectively, “Data”). STI does not access, use, or disclose any data stored in Safari except under the following conditions: (i) STI has received prior written permission from the Client; (ii) STI may access Data in response to a specific technical support request, but only to the extent necessary to respond to the support request; (iii) STI may use your contact information to send you notices relating to your use of Safari; (iv) STI may aggregate data so long as it is not personally identifiable; (v) STI may access but not disclose Data for analyzing system performance or enhancements; or (vi) STI is legally required to act, in which case STI shall promptly notify the Client prior to taking such action. STI's employees are under strict duties of confidentiality with regard to Data stored in Safari. STI's obligation to return Data to the Client is governed by the terms of the agreement between STI and the Client.

5. Indemnity

You agree to indemnify, defend and hold STI (and its affiliates, employees, contractors, agents, suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys' fees, brought by any third party due to or arising out of any alleged breach or violation by you of the Terms of Use. This indemnification obligation is intended to extend to the fullest extent permitted by law and will survive the Terms of Use and your use of Safari.

6. Disclaimer of Warranties

STI is not responsible for any problems or technical malfunction of Safari, or any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems, spam filters, or traffic congestion on the Internet or on Safari, or combination thereof. SAFARI IS PROVIDED BY STI ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, STI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR LACK OF VIRUSES FROM DATA SUBMITTED BY OTHER USERS OF THE SYSTEM. YOU ACKNOWLEDGE THAT: (I) YOU MAY EXPERIENCE INTERRUPTIONS OR ERRORS WHEN USING SAFARI AND (II) THE SAFARI SERVICE MAY BE UNAVAILABLE. FURTHERMORE, WITH RESPECT TO THE FILES YOU DOWNLOAD FROM THE SAFARI SERVICE THAT HAVE BEEN UPLOAD BY SAFARI CUSTOMERS IN RESPONSE TO SUBPOENAS OR OTHER INFORMATION REQUESTS, YOU AGREE AND ACKNOWLEDGE THAT (A) SAFARI DOES NOT REVIEW OR SCAN SUCH FILES FOR VIRUSES OR MALICIOUS CODE, AND (B) SAFARI HAS NO RESPONSIBILITY, DUTY, OR OBLIGATION TO CONDUCT SUCH SCANS.

7. Exclusion of Incidental, Consequential, and Certain Other Remedies

IN NO EVENT SHALL A PARTY BE LIABLE TO ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITY, REVENUE, CONFIDENTIAL OR OTHER INFORMATION, OR ANY OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH SAFARI, OR FOR ANY DATA ENTERED OR OBTAINED FROM OR THROUGH SAFARI, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Limitation of Liability and Remedies

NOTWITHSTANDING ANY DAMAGES THAT YOU OR STI MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL TYPES OF DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), EACH PARTY'S ENTIRE LIABILITY AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE MONTHS PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY OR $100.00, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

9. Submissions

STI alone will own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to Safari ("Product & IP Submissions"), and you agree to assign such Product & IP Submissions to STI without additional compensation. STI may use such Product & IP Submissions as it deems appropriate in its sole discretion.

10. Unauthorized Access

Access to and use of the Safari system is restricted to Authorized Users only. Unauthorized individuals and/or entities attempting to access the Safari Service may be subject to prosecution.

11. Notice

You may give notice to STI by certified or registered mail, return receipt requested, to Safari Technologies, Inc., PO Box 2231, Issaquah, WA 98027, USA.

12. Modification of Terms

STI reserves the right to change the terms and conditions of these Terms of Use at any time.

13. Entire Agreement

These Terms of Use are the entire agreement between you and STI and govern your use of Safari, unless there is a written agreement between you and STI (a "Separate Written Agreement"), in which case the terms of the Separate Written Agreement governs in the event of a conflict.

14. General Terms

STI in its sole discretion may terminate your account or access to Safari without notice if you breach or otherwise fail to comply with these Terms of Use. The failure of a party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court should endeavor to give effect to the parties' intentions to the maximum extent permitted by law, and the other provisions of these Terms of Use remain in full force and effect. These Terms of Use and your use of Safari shall be governed by the laws of the State of Washington, without regard to the choice or conflicts of law provisions of any jurisdiction. With respect to authorized users, (1) any claim arising out of or in connection with these Terms of Use must be brought in the county of the corporate headquarters of the party against whom such claim is brought (or the county of an individual’s residence in the case of an individual party), and you and STI consent to such exclusive jurisdiction; and (2) you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Safari or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. With respect to an unauthorized user, STI may bring any action again you in the State of Washington, and there are not time limitations with respect to any action by STI except under the applicable statute of limitations. Any claim shall be litigated on an individual basis and shall not be consolidated with any claim of any other party whether through class action proceedings or otherwise.

At Safari, trust and security is our #1 goal and we take the protection of our customers’ data very seriously. Our security team acknowledges the valuable role that independent security researchers play in internet security. As a result, we encourage responsible reporting of any vulnerabilities that may be found in our site or applications. We are committed to working with security researchers to verify and address any potential vulnerabilities that are reported to us. Please review these terms before you test and/or report a vulnerability. Safari pledges not to initiate legal action against researchers for penetrating or attempting to penetrate our systems as long as they adhere to this policy.

Reporting a Potential Security Vulnerability or Other Relevant Findings

• Privately share details of the suspected vulnerability with Safari by sending an email to security@safarisop.com
• Provide full details of the suspected vulnerability so the Safari security team may validate and reproduce the issue

Safari Does Not Permit the Following Types of Security Research

• Performing actions that may negatively affect Safari or its users (e.g. Spam, Brute Force, Denial of Service…)
• Accessing, or attempting to access, data or information that does not belong to you
• Destroying or corrupting, or attempting to destroy or corrupt, data or information that does not belong to you
• Conducting any kind of physical or electronic attack on Safari personnel, property or data centers
• Social engineering any Safari client services, employees or contractors
• Conducting vulnerability testing of participating services using anything other than test accounts (e.g. Production Accounts)
• Violating any laws or breaching any agreements in order to discover vulnerabilities

The Safari Security Commitment

We ask that you do not share or publicize an unresolved vulnerability with/to third parties. If you responsibly submit a vulnerability report, the Safari security team and associated development organizations will use reasonable efforts to:

• Respond in a timely manner, acknowledging receipt of your vulnerability report
• Provide an estimated time frame for addressing the vulnerability report
• Notify you when the vulnerability has been fixed