Last Modified: March 18, 2015 (“Effective Date“)

This privacy policy (“Privacy Policy“) is designed to inform you about DocSend, Inc.’s (“DocSend,” “we,” “us,” or “our“) policies and procedures for collecting, using, and disclosing your information in connection with your use of the DocSend™ service. DocSend provides a web-based and mobile service designed to assist its users with sharing their information, content, materials, files and folders (together, their “Stuff“) and analyzing how their Stuff is viewed and/or received by their customers and others (the “Service“). Users can access the Service through our website https://docsend.com, applications on Devices, through APIs, and through third-parties. A “Device” is any computer used to access the DocSend Service, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device. This Privacy Policy governs your access of the DocSend Service, regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy.

The Service is made available to users who have DocSend accounts (“Users“) via the web site located at https://docsend.com (the “Site“). DocSend Users use the Service to communicate with their customers, prospective customers, and other third parties that are not registered Users of the Service (“Viewers“).

The procedures for modifying or changing this Privacy Policy in the future are discussed in Section 13 of this document.

1. The Information We Collect And Store

We may collect and store both Non-Personally-Identifying information and Personally-Identifying Information from you. “Non-Personally-Identifying Information” is information that, without the aid of additional information, cannot be directly associated with a specific person or entity. “Personally-Identifying Information” or “PII” by contrast, is information such as a name or email address that, without more, can be directly associated with a specific person or entity.

If you are located in a country in the European Union or elsewhere outside the United States of America, by using the Service, you specifically consent to the transmission and storage of your PII and Stuff into the United States of America.

A. Our Collection and Storage of Personally-Identifying Information

Information You Provide as a User.

When you as a User register an account, you may be asked to disclose Personally-Identifying Information including without limitation, your name, phone number, email address, home address or business address. You may also choose to submit Personally-Identifying Information to us when you send us an email or use any interactive features that we may make available on the Service. For example, you may ask us to: (a) import your contacts by giving us access to your third party services (such as your email account) or (b) use your social networking information if you give us access to your account on social network connection services. You may also provide us with your contacts’ email addresses when sharing folders or files with them or if you invite them to join DocSend, or choose to reveal Personally-Identifying Information in on-line for a, blogs, message boards, chatrooms that we may make available via the Service. In addition, if you sign up for our paid Service, you will be asked to provide additional information, including your credit card information, as described below in Section 8.

If you are a User, we may automatically collect information about your account and your interaction with and use of the Service. We collect this information in order to deliver the Service and to provide you with reporting and analytics relating to your use of the Service.

This information may include:

  • Date and time you uploaded Stuff to our Service;
  • Whether or not Stuff was modified by you;
  • Number of times and length of time Stuff was presented by you using the Service;
  • Your phone number (if utilizing conference calling features); and
  • Your IP address and location.

This information is made available to Users via the Service and may be associated with other information about the User and its Viewers (including PII) that Users provide us.

Information We Receive from Viewers.

If you are a Viewer, a User may request that you provide them with information (including PII) via the Services in order to view that User’s Stuff. DocSend stores this information on behalf of our Users. In the event you as a Viewer provide a User with this information, you do so in accordance with that User’s privacy practices and policies. DocSend is not responsible for the privacy practices of its Users, and does not access this information except with a User’s permission, in order to provide the Services and related support and assistance. If you are a Viewer of one of DocSend’s Users and would no longer like to be contacted by such User that uses DocSend’s Service, please contact the User that you interact with directly.

Information We Receive from Third Parties.

We may also receive PII (such as your email address) through other Users, for example if they have tried to share something with you or tried to refer DocSend to you.

Files.

We collect and store Personally Identifiable Information included in the files you upload, download, or access with the Service (“Files“). If you add a file to your account that has been previously uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate.

B. Our Collection and Storage of Non-Personally-Identifying Information

Log Data.

When you use the Service, we automatically record information from your Device, its software, and your activity using the Services. This may include the Device’s Internet Protocol address (“IP Address“), operating system, browser type, the web pages you visited before you came to our website, the web pages you view immediately after leaving our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your Files, and other interactions with the Service.

Cookies.

We also use “cookies” to collect information and improve our Services. A cookie is a small data file that we transfer to your Device. We may use “persistent cookies” to save your registration ID and login password for future logins to the Service. We may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service.

IF YOU DO NOT WISH TO HAVE COOKIES (INCLUDING WITHOUT LIMITATION PERSISTENT COOKIES AND SESSION ID COOKIES) PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSER TO REFUSE WEB COOKIES BEFORE ACCESSING OUR SITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF OUR SITE AND SERVICE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

Web Beacons.

A “Web Beacon” is an object that is embedded in a web page. It is usually invisible to you but allows site operators to check whether you have viewed a particular web page or email communication. We may place Web Beacons on pages of our website and in emails we send to you.

You may not decline Web Beacons. However, they may be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.

2. How We Use Information

A. Our Use of Personally-Identifying Information

Providing and Improving our Service, and Sending you Marketing Communications and other Announcements.

We use Personally-Identifying Information to: (i) provide and improve our Service; (ii) administer your use of the Service; (iii) better understand your needs and interests; (iv) personalize and improve your experience; and (v) provide or offer software updates and other marketing and non-marketing announcements.

You may opt out of receiving marketing emails from us by following the “unsubscribe” instructions provided in communications from us. You may not opt out of receiving non-marketing emails from us, including without limitation, emails about changes to this Privacy Notice or our Terms of Use Agreement or emails that we are legally required to send to you.

Geo-Location Information.

Some Devices allow applications to access real-time location-based information (for example, GPS). We may collect such information from your mobile device at any time while you download or use our mobile apps as of the date this policy went into effect. Some photos and videos you place in DocSend may contain recorded location information. We may use this information to optimize your experience. If you do not wish to share files embedded with your geo-location information with us, please do not upload them. If you do not want to store location data in your photos or videos, please consult the documentation for your camera to turn off that feature. Also, some of the information we collect from a Device, for example IP Address, can sometimes be used to approximate a Device’s location.

From Viewers: If you are a Viewer who views Stuff you receive from a User via the Services, we may automatically collect information about your interaction with such Stuff and our Service. We collect this information in order to deliver the Service and to provide our Users with reporting and analytics relating to your interaction with their Stuff and our Service. The information we collect may include:

  • Whether or not a you have viewed or are viewing Stuff;
  • Date and time you viewed the Stuff;
  • Number of times and length of time Stuff was viewed;
  • Which portions of the Stuff were viewed;
  • Whether or not you have forwarded Stuff received via the email function of the Service;
  • Your phone number; and
  • Your IP address and location.

This information will be made available to Users who communicate with you via the Service, and may be associated by Users with other information about you (including PII) that Users have provided us or that you have provided to Users via the Service. DocSend does not use or access Viewer PII collected by its Users through their use of Services except with a User’s permission, in order to provide the Service, and to provide related support and assistance. DocSend does not sell this information. DocSend does not use this information to contact Viewers, except on a User’s behalf and at the User’s direction. DocSend will not allow other DocSend customers to access this information.

B. Our Use of Non-Personally-Identifying Information

Analytics.

We also collect some Non-Personally-Identifying Information (ourselves or using third party services) using logging and cookies, such as IP Address as described in Section 1(B) above, which can sometimes be correlated with Personally-Identifying Information. We use this information to: (i) provide and improve our Service; (ii) administer your use of the Service; (iii) better understand your needs and interests; (iv) personalize and improve your experience; (v) provide or offer software updates and product announcements; (vi) technically administer the Service; (vii) increase our Service’s functionality and user-friendliness and (viii) verify users have the authorization needed for the Service to process their requests. As of the Effective Date, we use Google Analytics. To learn more about the privacy policy of Google Analytics, click here, and to learn how to opt out of that service click here.

3. Information Sharing and Disclosure

A. Our Sharing and Disclosure of Personally-Identifying Information

Your Use.

We will display your Personally-Identifying Information on your profile page and elsewhere on the Service according to the preferences you set in your account. You may access and change these preferences at any time as described in Section 4. Any Personally-Identifying Information you choose to provide should reflect how much you want others to know about you. Please consider carefully what Personally-Identifiable Information you disclose in your profile page and your desired level of anonymity. You can review and revise your profile information at any time as described in Section 4. We do not sell your Personally-Identifying Information to third parties. We may also share or disclose your information with your consent, for example if you use a third party application to access your account (see below). Through certain features of the Service, you may also have the ability to make some of your information public. Public information may be broadly and quickly disseminated.

Employees, Service Providers, Business Partners and Others.

We will disclose your Personally-Identifying Information to our employees, and we may use certain third party companies and individuals to help us provide, analyze, and improve the Service (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features). These third parties may have access to your Personally-Identifying Information for the purpose of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy. As of the Effective Date, we use Amazon’s S3 storage service to store some of your information (for example, your Files). You can find more information on Amazon’s data security from the S3 site at: http://aws.amazon.com/s3/faqs/ and http://aws.amazon.com/security/. In addition, as noted in Section 8, we use a third party credit card payment service to collect and process your credit card payments for any Service that you purchase for a fee (a “Purchased Service”). You can find more information on our provider’s privacy practices and other terms at https://stripe.com/us/terms and https://stripe.com/us/privacy.

Third-Party Applications.

We may share your information with a third party application with your consent, for example when you choose to access our Services through such an application. We are not responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you.

DMCA Infringement Notifications, Notices of Violations of Website Terms of Service and Other Communications Directed to Us.

By submitting a Digital Millennium Copyright Act (“DMCA“) Infringement Notification or other communication (including communications about content stored on or transmitted through this website or Service, you consent to have this communication forwarded to the person or entity who stored or transmitted the content addressed by your communications in order to facilitate a prompt resolution. For notices other than DMCA Infringement Notifications, upon request, we will edit out your name and contact information. However, DMCA Infringement Notifications (including any Personally-Identifying Information set forth in the notifications) will be forwarded as submitted to us without any deletions.

Compliance with Laws and Law Enforcement Requests; Protection of DocSend’s Rights.

We may disclose to parties outside DocSend files stored in your DocSend and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of DocSend or its users; or (d) to protect DocSend’s property rights. If we provide your DocSend files to a law enforcement agency as set forth above, we will remove DocSend’s encryption from the files before providing them to law enforcement. However, DocSend will not be able to decrypt any files that you encrypted prior to storing them on DocSend.

Business Transfers.

If we are involved in a merger, acquisition, bankruptcy or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personally-Identifying Information or Files, or if either become subject to a different Privacy Policy. We will also notify you of choices you may have regarding the information.

B. Our Sharing and Disclosure of Non-Personally-Identifying Information

We may disclose your Non-Personally-Identifying Information in aggregate form, such as usage statistics of our Service.

4. Changing or Deleting Your Information

If you are a registered user, you may review, update, correct or delete the Personally-Identifying Information provided in your registration or account profile by changing your “account settings.” If your Personally-Identifying Information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings. In some cases we may retain copies of your information as described in Section 5 below. For questions about your Personally-Identifying Information on our Service, please contact privacy@docsend.com.

5. Data Retention

We will retain your Personally-Identifying Information and Non-Personally-Identifying Information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account by emailing support@docsend.com. We may retain, use or disclose your information (including without limitation Personally-Identifying Information) as necessary to comply with our legal obligations, to resolve disputes or enforce our agreements. Consistent with and subject to these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users.

6. DocSend Team Users

If you have a DocSend Team account, your Administrator may be able to:

  • access information in and about your DocSend Team account;
  • disclose, restrict, or access information that you have provided or that is made available to you when using your DocSend Team account; and
  • control how your DocSend Team account may be accessed or deleted.

Please refer to your organization’s policies if you have questions about your Administrator’s rights.

7. DocSend Community

Our Service may offer publicly accessible community services such as blogs, forums, and wikis. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your account. For questions about your Personally-Identifying Information on our Service, please contact privacy@docsend.com.

8. Collection and Use of Information by Third Parties

A. General

Third parties are under no obligation to comply with this Privacy Policy with respect to Personally-Identifying Information that you provide directly to those third parties or that those third parties collect for themselves. We do not control the third-party sites that may be accessible through this Service. Thus, this Privacy Policy does not apply to information you provide to third-party sites or gathered by the third parties that operate them. Before visiting a third-party site, whether by means of a link on this Service or otherwise, and before providing any Personally-Identifying Information to any third party, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that site, and should take those steps necessary to your discretion, to protect your privacy.

B. Third Party Collection of Your Credit Card Information

If you choose to subscribe to a Purchased Service, our third party credit card processor (Stripe) will process your credit card. Accordingly, you authorize DocSend to collect, use, retain and disclose your credit card and other payment information to Stripe and represent and warrant that you have all necessary rights to disclose such information to us. In addition, we may share your PII with trusted third parties who are integral to the operation of our Service, including but not limited to financial institutions, payment processors, verification services and credit bureaus, as well as any third parties that you have directly authorized to receive your PII. If you have questions about how Stripe protects the data it receives from DocSend Users, please refer to https://stripe.com/us/terms and https://stripe.com/us/privacy.

DocSend does not receive or store credit card information on our servers. We receive a transaction “token” and a one-time use ID number so we can validate that the transaction has been successfully completed. Areas of this Service that collect your Personally-Identifying Information use industry standard secure socket layer encryption; however, to take advantage of this your browser must support encryption protection.

C. Other Third Party Collection of Other Information

We may use third party companies including Google, KISSmetrics, and Intercom to provide us with analytics information. These companies may collect Personally-Identifying Information and Non-Personally-Identifying Information from you via our website and service. You can find out more information about what information Google collects and how it uses and discloses that information here: http://www.google.com/policies/privacy. You can find out more information about what information KISSmetrics collects and how it uses and discloses that information here: https://www.kissmetrics.com/privacy. You can find out more information about what information Intercom collects and how it uses and discloses that information here: http://docs.intercom.io/privacy.

We may also allow you to log in to our Service using third party accounts such as LinkedIn and Google. If you use these services, they may collect Personally-Identifying Information and Non-Personally-Identifying Information from you via our website and service. You can find out more information about what information LinkedIn collects and how it uses and discloses that information here: http://www.linkedin.com/legal/privacy-policy.

9. Security

The security of your information is important to us. We follow generally accepted standards to protect the Personally-Identifying Information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can contact us at security@docsend.com.

10. Our Policy Toward Children

Our Services are not directed to persons under 13. We do not knowingly collect Personally-Identifying Information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personally-Identifying Information without their consent, he or she should contact us at privacy@docsend.com.

11. Contacting Us

If you have any questions about this Privacy Policy, please contact us at privacy@docsend.com.

12. Online Tracking

We currently do not process or comply with any web browser’s “do not track” signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit our websites or use our services.

13. Changes to our Privacy Policy

This Privacy Policy may change from time to time. If we make a material change to this privacy policy, we will provide you with notice (for example, by email if you have provided your email address to us and your email address is current). And we may provide notice of changes in other circumstances as well. It is therefore important that you register with us and notify us if you change your email address. If you do not provide us with a current email address, you should regularly review this policy to ensure that you are informed of any changes.