Overview

Evernote is a productivity platform that providers users with note, tasks, and scheduling capabilities. The privacy policy indicates that Evernote monitors communications between Evernote users and will block delivery of messages or material if it violates Evernote’s Terms of Service or User Guidelines. The Privacy Policy clearly states that Evernote may collect the user's information, including email addresses, billing addresses and other payment information, usage data, location information, IP addresses, and device information. The Region-Specific Privacy Policy aptly discloses the categories of information disclosed to third parties, and the privacy policy does provide methods for users to opt out of certain ad targeting and retargeting services. The Security Overview Policy says that Evernote integrates current security practices and encrypts user data both in transit and in storage. Lastly, the terms disclose that Evernote is not directed to minors, however, that any use by minors should only be done with the guidance, supervision, and consent of their parents, guardians, and/or school officials.

Evernote can be accessed through its website, and is available for download at the iOS App Store, and the Google Play Store. The Privacy Policy and Terms of Service used for this evaluation can be found on Evernote’s website, iOS App Store, and the Google Play Store. Additionally, other policies used for this evaluation include: Security Overview, Cookie Information, Region Specific Information, User Guidelines, Glossary, and Evernote's 3 Laws of Data Protection. This evaluation only considers policies that have been made publicly available prior to an individual using the application or service.

Safety

The Privacy Policy clearly states that there are features of Evernote that allow users to publish and share information publicly, and that users determine whether to post personal or otherwise sensitive information publicly. The terms do not disclose whether Evernote has any system in place for filtering or deleting all personal information from user’s postings before they are made publicly available. The Privacy Policy discloses that Evernote may monitor email communications and will block delivery of communications, or unshare problematic material that violates Evernote’s Terms of Service or User Guidelines.

Privacy

While the Privacy Policy does provide a specific reason as to "why we may collect" information from Evernote's users, the Privacy Policy does not clearly state that the collection of information is limited only to data that are specifically required for the product. The Privacy Policy clearly discloses that Evernote collects usage data, including log Internet and other electronic network information on how the user and others access and use Evernote. However, the terms fail to disclose whether Evernote obtains any method of opt-in consent from a user, before any information is collected. The Privacy Policy specifically indicates that if a user logs-in to Evernote with a third-party account-login platform, i.e., Google Connect, that the third-party account-login platform may have access to all of the user’s data, and furthermore that the third-party account-login platform may share user information with Evernote.

The Privacy Policy discloses that personal information is shared with third party service providers to process services on behalf of Evernote, and furthermore that personal information is shared to third parties for the purposes of analytics, product development, and marketing. However, the Privacy Policy states that Evernote does not share personal information to third parties for their own advertising purposes and that Evernote does not sell personal information. The Privacy Policy fails to disclose whether Evernote will notify users in the event of merger, acquisition, or bankruptcy of Evernote, and whether Evernote will provide users with the right to delete their information in consideration of such an event. While the terms do not state whether users are subject to traditional or contextual advertising, the Privacy Policy discloses that users are subject to targeted advertising.

Security

The Security Overview policy states: "The security team runs an in-house Incident Response (“IR”) program and provides guidance to Evernote employees on how to report suspicious activity. Our security team continually evaluates new tools to increase the coverage and depth of these assessments." Furthermore, the Security Overview policy provides that "We drive a security program that includes the following focus areas: product security, infrastructure controls (physical and logical)." The Privacy Policy discloses that Evernote requires its service providers to agree to strict data protection requirements, to keep up with Evernote’s privacy policy standards and Evernote’s obligations. The Privacy Policy indicates that Evernote will verify a user’s identity with additional personal information before processing a user’s privacy request.

Compliance

The Privacy Policy provides clear instructions on how users and/or an authorized agent can access, modify, or delete personal information. However, the Privacy Policy states that data is stored by Evernote until the user deletes it, and even after deletion, user data may be stored in Evernote's back-up systems for up to one year. The terms disclose that Evernote is not directed to minors, and that Evernote does not knowingly collect personal information from minors, without parental consent. Furthermore, the Privacy Policy states that any use of Evernote by minors should only be done with the guidance, supervision, and consent of their parents, guardians, and/or school personnel. The Privacy Policy does provide that if Evernote learns it has inadvertently obtained children’s personal information without parental consent, that Evernote will promptly delete it.

Overall Score

Every privacy rating includes an overall score. A higher score (up to 100%) means the product provides more transparent privacy policies with better practices to protect user data. The score is best used is as an indicator of how much additional work a person will need to do to make an informed decision about a product.

Basic ScoreFull Score
Comprehensive Assessment6653

Concerns

The privacy evaluation process summarizes the policies of an application or service into concern categories based on a subset of evaluation questions that can be used to quickly identify particular practices of a vendor’s policies. These concerns are composed of evaluation questions that can be used to calculate scores relative to that concern.

ConcernBasic ScoreFull Score
Data Collection: Protecting personal information5030
Data Sharing: Protecting data from third parties10080
Data Security: Protecting against unauthorized access10095
Data Rights: Controlling rights to data8870
Data Sold: Preventing sale of data7540
Data Safety: Promoting responsible use5050
Ads & Tracking: Prohibiting the exploitation of users' decision making process3645
Parental Consent: Protecting children’s personal information5050
School Purpose: Following student data privacy laws10013
Individual Control: Controlling data useNA55

Statutes

Each statute or regulation is associated with one or more evaluation questions. As such, we can calculate scores for each statute or regulation using only those questions associated with the statute or regulation. Each specific statute or regulation's score serves as an indirect proxy indicating the likelihood of the application or service satisfying all of its compliance obligations.

StatuteBasic ScoreFull Score
California Online Privacy Protection Act (CalOPPA)7150
Children's Online Privacy Protection Act (COPPA)5752
Family Educational Rights and Privacy Act (FERPA)6350
Student Online Personal Information Protection Act (SOPIPA)6757
General Data Protection Regulation (GDPR)8357

Privacy Policy Details

1: Transparency

1.1: Policy Version
  • Privacy policies do indicate a version or effective date.
  • Privacy policies do not indicate a change log or past policy version is available.
1.2: Policy Notice
  • Users are notified if there are any material changes to the policies.
  • Privacy policies do not indicate the method used to notify a user when policies are updated.
1.3: Policy Changes
  • Unclear whether users are notified prior to any material changes to the policies.
  • Unclear whether changes to the policies are effective immediately and continued use of the product indicates consent.
1.4: Policy Coverage
  • Privacy policies indicate the products that are covered by the policies.
1.5: Privacy Contact
  • Users can contact the company about any privacy policy questions, complaints, or material changes to the policies.
1.6: Policy Principles
  • Privacy policies do indicate privacy principles, layered notices, or a table of contents.
1.7: Policy Language
  • Privacy policies are available in multiple languages.
1.8: Intended Use
  • Not intended for children under 13.
  • Not intended for teens.
  • Unclear whether intended for adults over 18.
  • Unclear whether intended for parents or guardians.
  • Not intended for students.
  • Unclear whether intended for teachers.

2: Focused Collection

2.1: Data Collection
  • Personally identifiable information (PII) is collected.
  • The categories of collected personally identifiable information are indicated.
  • Geolocation data are collected.
  • Unclear whether this product collects biometric or health data.
  • Interactions, behaviors, or usage analytics data are collected.
  • Unclear whether this product collects sensitive data.
  • Data is automatically collected.
2.2: Data Source
  • Unclear whether personal information or education records are collected from preK-12 students.
  • Personal information from children under 13 years of age is not collected.
2.3: Data Excluded
  • Specific types of personal information are excluded from collection.
  • Specific types of collected information are excluded from the privacy policy.
2.4: Data Limitation
  • Unclear whether the collection or use of data is limited to product requirements.

3: Data Sharing

3.1: Data Shared With Third Parties
  • Collected information is shared with third parties.
  • The categories of information shared with third parties are indicated.
3.2: Data Use by Third Parties
  • The purpose for sharing a user's personal information with third parties is indicated.
  • Data are shared for analytics.
  • Data are shared for research and/or product improvement.
  • Personal information is shared for third-party marketing.
3.3: Data Not Shared With Third Parties
  • Unclear whether there are specific categories of information that are not shared with third parties.
3.4: Data Sold to Third Parties
  • Personal information is not sold or rented to third parties.
3.5: Third-Party Data Acquisition
  • Personal information about users is obtained from third parties.
3.6: Third-Party Links
  • Unclear whether links to third-party external websites are age-appropriate.
3.7: Third-Party Data Access
  • Unclear whether third parties are authorized to access a user's information.
3.8: Third-Party Data Collection
  • Unclear whether personal information of users is collected by a third party.
3.9: Third-Party Data Misuse
  • Unclear whether personal information can be deleted from a third party.
3.10: Third-Party Service Providers
  • Third-party services are used to support the product.
  • The roles of third-party service providers are indicated.
3.11: Third-Party Affiliates
  • Unclear whether the categories of third parties that receive data are indicated.
3.12: Third-Party Policies
  • Links to privacy policies of third-party companies are available.
3.13: Third-Party Data Combination
  • Company may combine data with additional data from third-party sources.
  • Unclear whether data shared with third parties can be combined with other data.
3.14: Third-Party Authentication
  • Third-party login is supported.
  • Personal information from third-party login providers is collected.
  • Personal Information is shared with third-party login providers.
3.15: De-identified or Anonymized Data
  • User information that is shared is shared in an anonymous or de-identified format.
  • Unclear whether the company describes their de-identification process of user information.
3.16: Third-Party Contractual Obligations
  • Contractual limits are placed on third-party data use.
  • Unclear whether contractual limits prohibit third parties from reidentifying or de-identified information.

4: Respect for Context

4.1: Data Use
  • Use of information is limited to the purpose for which it was collected.
  • The context or purpose for which data are collected is indicated.
4.2: Data Combination
  • Unclear whether this product treats combined information as personally identifiable information (PII).
4.3: Data Notice
  • Unclear whether notice is provided if the context in which data are collected changes.
4.4: Data Changes
  • Unclear whether consent is obtained if the practices in which data are collected change.
4.5: Policy Enforcement
  • Accounts may be terminated if users engage in any prohibited activities.

5: Individual Control

5.1: User Content
  • Users can create or upload content.
5.2: User Consent
  • Unclear whether opt-in consent is requested from users at the time personal information is collected.
5.3: Remedy Process
  • Unclear whether a grievance or remedy mechanism is available for users to file a complaint.
5.4: Data Settings
  • Users can control the use of their information through privacy settings.
5.5: Data Disclosure
  • Users can opt out from the disclosure or sale of their data to a third party.
  • Users can request to know what personal information has been shared with third parties.
  • Notice is provided in the event the company receives a government or legal request for a user's information.
5.6: Intellectual Property
  • Users retain ownership of their data.
  • A copyright license is claimed to data or content collected from a user.
  • Any copyright license to a user's data is limited in scope or duration.

6: Access and Accuracy

6.1: Data Access
  • Processes to access or review user data are available.
  • Methods are available to restrict who has access to data.
  • Unclear whether the school, parents, or students can review student data.
6.2: Data Integrity
  • Unclear whether the company attempts to maintain the accuracy of data they collect.
6.3: Data Correction
  • Processes to modify data are available for authorized users.
  • Unclear whether the school, parents, or students can modify inaccurate student information.
  • Unclear whether the time period for the company to modify inaccurate data is indicated.
6.4: Data Retention
  • Unclear whether the product provides a data-retention policy.
  • Unclear whether exceptions to the data retention policy exist.
6.5: Data Deletion
  • Unclear whether this product deletes data when no longer necessary.
  • A user's data are not deleted upon account cancellation or termination.
  • Processes to delete user data are available.
  • Processes for authorized users to delete data are available.
  • Unclear whether the time period for the company to delete data is indicated.
6.6: Data Portability
  • Processes to download user data are available.
  • A user can assign an authorized account manager or legacy contact.

7: Data Transfer

7.1: Data Handling
  • User information can be transferred to a third party in the event of a merge, acquisition, or bankruptcy.
  • Unclear whether notice is provided to users if the company assigns its rights or delegates its duties to another company.
  • Unclear whether users are notified if their information is transferred to a third party.
7.2: Transfer Request
  • Unclear whether user information can be deleted prior to its transfer to a third party.
7.3: Onward Contractual Obligations
  • Unclear whether third-party transfers are contractually required to use the same privacy practices.

8: Security

8.1: User Identity
  • A user's identity is verified with additional personal information.
8.2: User Account
  • Account creation is required.
  • Managed accounts are available.
  • Multi-factor account protection is available.
8.3: Third-Party Security
  • Third-parties with access to information are required to provide the same security protections as the company.
8.4: Data Confidentiality
  • Reasonable security practices are used to protect data.
  • Employee or physical access to user information is limited.
8.5: Data Transmission
  • All data in transit are encrypted.
8.6: Data Storage
  • All data are stored in an encrypted format.
  • The company is clear what jurisdiction a user's personal information is subject to.
8.7: Data Breach
  • Notice is provided in the event of a data breach.
8.8: Data Oversight
  • Unclear whether this product performs data-privacy and/or security-compliance audits.

9: Responsible Use

9.1: Social Interactions
  • Users can interact with trusted users.
  • Unclear whether users can interact with untrusted users, including strangers and/or adults.
  • Profile information must be shared for social interactions.
9.2: Data Visibility
  • Personal information can be displayed publicly.
  • Users can control how their data are displayed to others.
9.3: Monitor and Review
  • User-created content is reviewed, screened, or monitored by the company.
  • Unclear whether user-created content is filtered for personal information before being made publicly visible.
  • Social interactions between users are moderated.
  • Unclear whether social interactions of users are logged.
9.4: Report Content
  • Unclear whether users can filter or block inappropriate content.
  • Unclear whether users can report abuse or cyberbullying.
9.5: Internet Safety
  • The company provides links to resources that support safe and appropriate social interactions.

10: Advertising

10.1: Vendor Communications
  • A user can receive service- or administrative-related communications from the company.
10.2: Traditional Advertising
  • Unclear whether this product displays traditional or contextual advertisements.
10.3: Behavioral Advertising
  • Unclear whether this product displays personalised advertising.
10.4: Ad Tracking
  • Unclear whether data are collected by third-parties for their own purposes.
  • User's information is used to track and target advertisements on other third-party websites or services.
  • Data profiles are not created and used for personalised advertisements.
10.5: Filtered Advertising
  • Unclear whether ads displayed to children are filtered for inappropriate content.
10.6: Marketing Communications
  • The company can send marketing messages.
  • Unclear whether this company provides promotional sweepstakes, contests, or surveys.
10.7: Unsubscribe
  • Users can opt out of contextual, or personalised advertising.
  • Users can opt out or unsubscribe from marketing communications.
10.8: Do Not Track
  • Company does not respond to "Do Not Track" or other opt-out mechanisms.
  • The company does provide a method for users to opt-out from third-party tracking.

11: Compliance

11.1: Children Under 13
  • Company does not have actual knowledge that personal information from users under 13 years of age is collected.
  • The company does provide a section, heading, or separate policy for children in their policies.
  • Unclear whether this product restricts or prohibits account creation for users under 13 years of age.
11.2: Students in K–12
  • Unclear whether this product is primarily used by, designed for, and marketed toward students in grades preK–12.
  • Processes to enter education records into the product are not described.
  • Unclear whether additional rights or protections may be provided with an additional school contract.
  • Unclear whether the company is designated as a school official.
11.3: Parental Consent
  • Unclear whether parental consent is required before personal information is collected or disclosed.
  • Unclear whether this product limits parental consent with respect to third parties.
  • Unclear whether this product allows parents to withdraw consent for the further collection of their child's information.
  • Children's personal information is deleted if collected without parental consent.
  • Unclear whether this product provides parental consent notice and method for submission.
  • Unclear whether this product transfers parental consent obligations to the school or district.
11.4: Legal Requirements
  • The legal jurisdiction that applies to the laws governing the policies is indicated.
  • A user is required to waive the right to a jury trial, or settle any disputes by arbitration.
  • A user is required to waive the right to join a class action lawsuit.
  • A company will disclose personal information to law enforcement.
11.5: Certification
  • The company has signed a privacy pledge or received a privacy certification.
11.6: International Laws
  • A user's data are subject to International data transfer or jurisdiction laws.
  • The company has indicated it is a Data Controller or Data Processor.