Last Updated: 6/25/2008

YouSendIt, Inc. ("YouSendIt") is a licensee of the TRUSTe Web Privacy Seal Program. TRUSTe is an independent, non-profit organization whose mission is to build user’s trust and confidence in the Internet by promoting the use of fair information practices.

The YouSendIt service allows users to send files to one or more recipients identified by a valid email address (the "Service") either through the yousendit.com website (the "Site") or one of the YouSendIt software applications or plug-ins available for download from the Site (the "Software"). The Service operates by storing the user files on a YouSendIt server and then sending to the recipient(s) an email message that contains a link to the user file. The recipient(s) can then access and download the user file by clicking on the link.

We provide this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of the personal information we receive from users of the Site, the Service and the Software. If you have questions or concerns regarding this Privacy Policy, you should first contact YouSendIt at legal@yousendit.com or at the following address: Privacy Matters c/o YouSendIt, Inc., 1919 South Bascom Avenue, Campbell, CA. 95008. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with us to resolve your concerns.

We may update this Privacy Policy from time to time and will handle your information in accordance with the version that was in place when you submitted it. We will notify you of any changes by posting the new Privacy Policy on the Site. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on the home page of the Site. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our YouSendIt Terms of Services located at http://www.yousendit.com/cms/termsofservice.

As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including without limitation collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Information Collection and Use

Our primary goals in collecting information are to provide and improve the Service, the Site and the related features and content, to administer your subscription and to enable users to enjoy and easily navigate the Site. Below are the types and categories of information that we collect.

• When you register with us through the Site or order certain services from us we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Personal Information"). Personal Information includes, but is not limited to, your name, phone number, credit card or other billing information, email address and home and business postal addresses. We use your Personal Information mainly to provide the Service and administer your inquiries.
• We also collect certain other information that you provide as part of registration and the administration and personalization of your profile webpage (e.g., without limitation, your zip code and the state in which you live) ("Non-Identifying Information").
• We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and respond to inquiries.
• We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other YouSendIt Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site and Service are used. Subject to the section below titled “Information Sharing and Disclosure,” we may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
• We also use your Personal Information to contact you with YouSendIt newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or email us at optout@yousendit.com with an explicit request to have your information removed from our mailing list. We will comply with your request as soon as reasonably practicable.

Log Data. When you visit the Site or use the Service, whether as a YouSendIt subscriber or a non-registered user just browsing (any of these, a "YouSendIt User"), our servers automatically record information about your use of the Service and your visit to the Site ("Log Data"). This Log Data includes the filename and file size of all files that you make available via the Service. The Log Data may also include information such as your computer’s Internet Protocol (IP) address, your browser type, what Software you were using, the web page you were visiting immediately prior to visiting our Site, pages of our Site that you visited, the time spent on those pages, information you searched for on our Site, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site and the Service and for the Site’s technical administration, to improve our Site’s functionality and user-friendliness, and to better tailor it to our visitors’ needs. We also use this information to verify that users of the Service meet the criteria required to process their requests. Because the filenames you submit are not treated as Personal Information, we recommend that you do not include any personally identifiable information in the filenames of files that you make available via the Service.

Cookies

Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your registration ID and login password for future logins to the Site. Second, we utilize session cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by YouSendIt Users and general web traffic on the Site. We link the information we store in cookies to the Personal Information you submit to us while you are on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you close your browser. Third party advertisers on the Site may also place or read cookies on your browser. YouSendIt does not have access to or control of any cookies that its advertisers may store in your browser and this Privacy Policy does not apply to the use of cookies by advertisers. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all the functionality of the Service.

Emailing Via a YouSendIt Account

As part of the Service, YouSendIt subscribers may send a file to one or more recipients identified by a valid email address. The message created by a YouSendIt subscriber will be sent from YouSendIt on the YouSendIt subscriber’s behalf to the email addresses the YouSendIt subscriber enters into the online form. These email addresses will be stored in the address book the YouSendIt subscriber creates and will be used only for the purpose of sending the email communication to the addressee. The recipient of a file may contact us at optout@yousendit.com to request that we remove this information from our database.

Tell-A-Friend

If you choose to use our referral service to tell a friend about our Service, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. YouSendIt stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Your friend may contact us at optout@yousendit.com to request that we remove this information from our database.

Phishing

Identity theft and the practice currently known as “phishing” are of great concern to YouSendIt. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission’s website.

Information Sharing and Disclosure

Other than as described in this section, YouSendIt does not rent or share information about you with third parties.

Posting File Comments. YouSendIt message recipients have the ability to post comments on the file download landing page. Any information you choose to provide in a comment should reflect how much you want other users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage you to think carefully about what information about yourself you disclose in your comments. We are not responsible for any personally identifiable information you choose to submit in a comment and will not treat such information as Personal Information for the purpose of this policy.

Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf and to perform Site-related services ("Service Providers"). The types of Service Providers we use include, without limitation, service providers that provide the following types of services: credit card transactions, accounting, customer relationship management, webcasting, website maintenance, database management, web analytics and web and live chat hosting. Our Service Providers have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Compliance with Laws and Law Enforcement. YouSendIt cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect the property and rights of YouSendIt or a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical.

Business Transfers. YouSendIt may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Changing or Deleting Your Information

All YouSendIt subscribers may review, update, correct or delete the Personal Information in their registration profile by logging into their account and changing the “user preferences” associated with their account. In order to disable your account contact Customer Service using the form found here.

Data Retention Policy

YouSendIt may retain your account information indefinitely, regardless of whether you have disabled your account on the Site. YouSendIt will retain Log Data consistent with applicable legal requirements. Generally, at a minimum, YouSendIt will retain the Log Data collected from you in its active, internal company databases for six months, at which point it will migrate such Log Data to its offline archival systems, where YouSendIt will retain the Log Data for a period of three years (together, the "Retention Period"). After the Retention Period, YouSendIt will purge the Log Data from its systems. In the event of an investigation by law enforcement or a response to claims or legal process, we may retain the Log Data until such investigation or process is completed, which may be longer than the Retention Period.

Security

YouSendIt takes safeguarding your information very seriously. We employ generally-accepted, industry-standard administrative, physical and electronic measures designed to protect the Personal Information submitted to us from unauthorized access, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic data storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable laws related to security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, you should be aware that YouSendIt transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to such transfer.

Links to Other Sites

Our Site contains links to other websites. If you choose to visit an advertiser by clicking on a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Toward Children

This Site is not directed to children under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at legal@YouSendIt.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Testimonials

We post YouSendIt subscriber testimonials on our Site which may contain Personal Information such as the YouSendIt subscriber’s name. We do obtain the YouSendIt subscriber’s consent to the posting of his or her name along with the testimonial prior to posting the testimonial.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at legal@yousendit.com or at: Privacy Matters c/o YouSendIt, Inc., 1919 South Bascom Avenue, Campbell, CA, 95008.