H5 Privacy Policy.

Effective Date: April 27, 2017

This Privacy Policy covers H5’s handling of two categories of information:

1. Information we receive in connection with our eDiscovery, hosting, consulting and other services (collectively, the “H5 Services”), and
2. Information we receive through our website at www.H5.com or any other H5 webpage, survey or data collection form that incorporates this Privacy Policy (“H5 Websites”).

1. Privacy Practices Specific to H5 Services

a. Information Collected Through the H5 Services

Through the H5 Services, we receive information from or on behalf of our customers.  Because of the nature of our services, this information may contain any type of personal data.

b. Uses of Information Collected Through the H5 Services

Subject to our contractual obligations, and depending on the particular H5 Services, we use information described above as follows:

  • To provide the H5 Services;
  • To enforce the legal terms that govern the H5 Services;
  • To comply with law and protect rights, safety and property; and
  • For other purposes requested or permitted by our customers.

c. Disclosures of Information Collected Through the H5 Services

Subject to our contractual obligations, and depending on the particular H5 Services, we share the information described above as follows:

  • To provide the H5 Services (for example, by facilitating a customer’s delivery of discovery materials to a recipient selected by that customer);
  • To enforce the legal terms that govern the H5 Services;
  • To comply with law and protect rights, safety and property (for example, for national security or law enforcement);
  • As part of a business sale, merger, consolidation, change in control, transfer of substantial assets or reorganization; or
  • For other purposes requested or permitted by our customers.

For those purposes, we may share information with our affiliates and other entities that help us with any of the above.

2. Privacy Practices Specific to H5 Websites

a. Information Collected Through the H5 Websites

i. Information You Provide to Us Through the H5 Websites

Website users may choose to provide their contact information, such as part of a registration form or in a blog comment.  In some cases, they may volunteer other personal data.

ii. Information Collected Automatically Through the H5 Websites

On our Websites, we or third parties may collect certain information by automated means such as cookies, Web beacons and JavaScript.  This information may include unique browser identifiers, IP address, browser and operating system information, device information, Internet connection information, as well as details about individuals’ interactions with websites.

We and third parties may use automated means to read or write information on users’ devices, such as in various types of cookies and other browser-based or plugin-based local storage.  Cookies are files that contain data, such as unique identifiers, that we or a third party may transfer to or read from a user’s device for purposes such as recognizing the device, service provision, record-keeping, analytics and marketing.  You may choose to set your web browser to refuse certain types of cookies, or to alert you when certain types of cookies are being sent.  However, if you block or otherwise reject our cookies, certain websites (including our own websites) may not function properly.

In some cases, we facilitate the collection of information by advertising services administered by third parties.  The ad services may track users’ online activities over time by collecting information through automated means such as cookies, and they may use this information to show users advertisements that are tailored to their individual interests or characteristics and/or based on prior visits to certain sites or apps, or other information we know, infer or have collected from the users.  For example, we and the third-party vendors may use first-party cookies and third-party cookies together, as well as other automated means and other data (such as the data described above) (i) to recognize users and their devices, (ii) to inform, optimize, and serve ads and (iii) to 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).  To learn more about interest-based advertising generally, including how to opt out from the targeting of interest-based ads by some of our current ad service partners, click here.  For controls specific to advertising and analytics services offered by Google, click here, here and here.  If you replace, change or upgrade your browser, or delete your cookies, you may need to use these opt-out tools again.

b. Use of Your Information Collected Through the H5 Websites

H5 uses and discloses information collected though the H5 Websites as follows:

  • To fulfill your requests;
  • To send you information about our products and services, including marketing communications;
  • To respond to your questions, concerns, or customer service inquiries;
  • To analyze market conditions;
  • To customize the content and advertising you see on the H5 Websites, across the Internet, and elsewhere;
  • To enforce the legal terms that govern the H5 Websites;
  • To comply with law and protect rights, safety and property; and
  • For other purposes requested or permitted by our customers and H5 Website users.

c. Disclosures of Information Collected Through the H5 Websites

Subject to our contractual obligations, and depending on the particular H5 Website at issue, we share the information described above as follows:

  • To carry out the uses of information described above;
  • As part of a business sale, merger, consolidation, change in control, transfer of substantial assets or reorganization; or
  • For other purposes requested or permitted by our customers.

For those purposes, we may share information with our affiliates and other entities that help us with any of the above.

3. Additional Information About Our Privacy Practices (applicable to both H5 Services and H5 Websites)

a. Security of Your Personal Information

Transmission and storage of electronic information is never 100% secure or error-free. However, we have put in place physical, electronic, and administrative measures to help prevent unauthorized access, to maintain data security, and to use correctly the data we collect.  You are responsible for maintaining the secrecy of any credentials that can be used to access any account or service with H5, and you must report suspected unauthorized activity to us.  You are responsible for activity conducted with your credentials.

b. Personal Information Rights and Choices

You may review and update certain user information by logging in to the relevant portions of the H5 Services or H5 Websites where such information may be updated.

Some individuals have certain legal rights (including, in certain cases, under the EU-U.S. and EU-Swiss Privacy Shield Frameworks) to obtain confirmation of whether we hold personal data about them, to access personal data we hold about them, and to obtain its correction, update, amendment or deletion in appropriate circumstances.  To exercise those rights, they may contact us as described at the end of this Policy.  Individuals may also use the contact information below to object to our uses or disclosures of personal data or to exercise any legal right to withdraw consent, though such actions typically will not have retroactive effect.  The rights described here are subject to significant limitations and exceptions under the Privacy Shield Frameworks and applicable law, particularly in connection with our eDiscovery-related work.  In situations in which we process personal data on behalf of our customer, we may refer the request to the relevant customer and cooperate with their handling of the request, subject to any special contractual arrangement with that customer.

c. Privacy Shield

As a business subject to the investigatory and enforcement authority of the United States Federal Trade Commission, H5 has certified that it adheres to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, with respect to the personal data that H5 receives in reliance on such Frameworks, effective as of the date our certification is approved and posted at https://www.privacyshield.gov/list.  To learn more about the Privacy Shield program, please visit https://www.privacyshield.gov.

When H5 receives personal data under the Privacy Shield and then transfers it to a third-party service provider acting as an agent on H5’s behalf, H5 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) H5 is responsible for the event giving rise to the damage.

Covered European residents should direct any questions, concerns or complaints regarding H5’s compliance with the Privacy Shield to H5 as described at the bottom of this Policy.  H5 will attempt to answer your questions and satisfy your concerns in a timely and complete manner as soon as possible.  If, after discussing the matter with H5, your issue or complaint is not resolved, H5 has agreed to participate in the Privacy Shield independent dispute resolution mechanisms listed below, free of charge to you. PLEASE CONTACT H5 FIRST.

  • For human resources personal data that H5 receives under the Privacy Shield (defined under Privacy Shield essentially as information about an employee collected in the context of the employment relationship): cooperation with the relevant data protection authority (which is usually the one where the employee works).
  • For other personal data H5 receives under the Privacy Shield: JAMS arbitration, available at https://www.jamsadr.com/eu-us-privacy-shield.

If your complaint still is not resolved through these channels, under limited circumstances, an additional binding arbitration option may be available before a Privacy Shield panel, as described at privacyshield.gov.

Please note that H5’s customers may transfer personal data to H5 on the basis of other legal mechanisms approved by the European Commission and other relevant authorities for cross-border data transfers.

d. Notification of Changes

H5 may change this Privacy Policy to reflect changes in the law, our data handling practices or the features of our Services or Websites.  The updated Privacy Policy will be posted on H5.com.

e. Contact Information

If you have questions regarding our practices or this Privacy Policy, or to send us requests or complaints relating to personal data, please contact us at privacy@h5.com.  To opt out of our marketing emails, click the unsubscribe link or write to unsubscribe@h5.com.