Safe Harbor Privacy Policy

FEBRUARY 2012

LDiscovery, LLC respects the privacy and confidentiality of personal information provided to LDiscovery by its clients, employees and all others who entrust it with personal information. Accordingly, LDiscovery adheres to the set of data protection principles developed by the United States Department of Commerce (DOC) in collaboration with the European Commission, as reflected within the Frequently Asked Questions (FAQ) issued by the Department of Commerce (DOC) on July 21, 2000, and within other documentation provided by DOC (commonly referred to as "The Safe Harbor Principles"). The privacy principles in this policy are based on the Safe Harbor Principles, as well as upon the EU-Swiss Safe Harbor Principles.

"LDiscovery" means LDiscovery, LLC, its predecessors and successors.

This policy applies only to personal data that LDiscovery has received from the European Union (EU) and Switzerland. Personal data refers to data that is (a) transferred to the United States from the EU; (b) is about, or relates to, an identified or identifiable individual; (c) can be linked to that individual, and, (d) is recorded. Personal data may include, among other things, an individual's name, address, phone number, e-mail address, or social security number, health insurance policy number or other like information. However, the term "personal data" does not include data that pertains to a specific individual, but from which that individual cannot reasonably be identified. Personal data also includes "sensitive personal data," which is defined herein as a subset of personal data that pertains to an individual's medical or health condition, racial or ethnic origin, political opinions, religion, union membership, sexual orientation or actual or alleged criminal activity.

Scope of Business of LDiscovery

LDiscovery provides electronic discovery consulting and technical services to client law firms as well as directly to business organizations that are parties to or anticipate various types of legal and commercial proceedings. It also provides paper copying, coding, scanning and production services. All data collected in the course of LDiscovery' activities are kept under strict privacy and confidentiality protocols since much of this information may constitute evidence in litigation and other sensitive proceedings. Indeed, every Master Agreement and Service Order generated by LDiscovery - our "Statement of Work" - includes Confidentiality and Non-Disclosure provisions. Moreover, all LDiscovery employees executed Confidentiality and Non-Disclosure Agreements pertaining to all information that comes into their possession in the course of employment.

Much of the data processed and hosted by LDiscovery does not constitute "personal data" as that term is defined above. However, personal data will, on occasion, enter into the possession of LDiscovery, the bulk of it contained within the email accounts of individuals in the employ of parties to litigation.

Safe Harbor Principles

As set forth below, LDiscovery adheres to the seven Safe Harbor Principles, the fifteen FAQ(s) that make up the Safe Harbor Framework published by the U.S. Department of Commerce as to notice, choice, onward transfer (transfer to third parties), access, security, data integrity and enforcement with respect to personal data transferred to the United States from the European Union. LDiscovery complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. LDiscovery has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view LDiscovery's certification, please visit www.export.gov/safeharbor/.

Notice

Under most circumstances, LDiscovery does not collect personal data for processing directly from the party in possession, but receives the data for processing from counsel under an agreement to hold such data under strict rules of confidentiality and privacy. Therefore, when LDiscovery receives personal data from the EU for processing purposes and does not control the collection of the personal data, LDiscovery does not, typically, provide notification to the individuals to whom such personal data relates (but, again, is mandated by the client to hold the data in the strictest confidence). In such event, LDiscovery reserves the right to process personal data in the course of providing services to its clients without the knowledge of the individuals involved. LDiscovery never uses data for a purpose other than the purpose for which it was provided to LDiscovery. Neither does LDiscovery ever share information with third parties other than when lawfully directed by the client law firm or originating organization (that is, the owner of the data). When specifically authorized by counsel or client to do so, LDiscovery will inform effected individuals about the purposes for which it collects and uses personal information about them, how to contact the organization with any inquires or complaints, the types of third parties to which it may disclose the information and any choices and means that LDiscovery may offer individuals for limiting the data's use and disclosure.

Choice

Since LDiscovery does not share personal information with third parties unless required by law or lawfully directed by the client law firm or originating organization to do so, nor does it ever use the data for a purpose incompatible with the purpose for which it was originally collected, there is no need to offer individuals the opportunity to opt out from having data disclosed. However, should the need ever arise, LDiscovery will provide individuals with reasonable notice and mechanisms to exercise their choice to opt-out from having personal data so disclosed.

Onward Transfer (Transfer to Third Parties)

As mentioned above, LDiscovery does not share personal information with third parties, unless required by law or lawfully directed by the client law firm or originating organization to do so. However, should disclosure of personal information to a third party be required, prior to such disclosure LDiscovery will utilize the notice and choice principles noted above. Moreover, where the need arises, LDiscovery will obtain assurances from third parties that they will safeguard that personal data consistent with this policy or any other EU adequacy finding, or as an alternative, LDiscovery will enter into a written agreement with such third party to provide at least the same level of personal data protection as is maintained by LDiscovery.

Security

LDiscovery takes reasonable precautions to protect personal information from loss, misuse, unauthorized access, disclosure, tampering, alteration and destruction. Data in the possession of LDiscovery is secured by some of the most advanced data security and disaster recovery technology available. The facilities in which LDiscovery analyzes, extracts, formats for review, hosts for review via internet access and stores maintain extensive physical security, both low tech, e.g., only authorized personnel are allowed to access any data, and high tech, e.g., 24/7 camera surveillance, all data kept in electronically padlocked areas with each employee gaining access only by entering individually assigned passkeys into audited keypad locks, personnel can gain access to data only by using dual authentication, which includes an RSA token, and all internet communications are encrypted.

Data Integrity

LDiscovery uses personal information only in a manner that is compatible with the purpose for which it was collected or subsequently authorized by the individual. LDiscovery takes reasonable steps to ensure that personal information is reliable for its intended use, accurate, complete and current.

Access

Since LDiscovery uses personal information only in a manner that is compatible with the purpose for which it was collected or subsequently authorized by the individual, individuals cannot be provided access to personal information about them in order to correct amend, or delete the information when inaccurate. However, where appropriate to do so, LDiscovery will grant individuals reasonable access to personal data that it holds about them and LDiscovery will take reasonable steps to permit individuals to correct, amend or delete information that is demonstrated to be inaccurate or incomplete.

Enforcement

In order to comply with the European Union's Safe Harbor Principles, LDiscovery commits to the resolution of complaints about your privacy and our collection or use of your personal information. We have committed to resolve any complaints by European Union citizens relating to this policy, which cannot be resolved directly with our company, through the EU Safe Harbor Dispute Resolution Procedure administered by the Council of Better Business Bureaus, Inc.

If you have any questions regarding this policy, please contact:

Leonard Deutchman, Esquire, General Counsel and Vice President
LDiscovery
425 Commerce Drive
Suite 125
Fort Washington, PA 19034
ldeutchman@ldiscovery.com
(215) 646-1299

LDiscovery has further committed to refer unresolved privacy complaints under the US-EU and EU-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by LDiscovery, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

If an individual files such a complaint, LDiscovery will investigate the matter and attempt to resolve all issues to the satisfaction of the complainant. If the matter cannot be settled, LDiscovery agrees to cooperate with the dispute resolution system set forth above.

Amendment of this Privacy Policy

LDiscovery may amend this Safe Harbor Policy, from time to time, by posting a revised policy on its website at www.ldiscovery.com. LDiscovery will amend this Safe Harbor Policy solely in a manner consistent with the requirements of the Safe Harbor Principles as set forth above.