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Privacy Policy

This privacy policy governs the following: (1) the RECAP Extension for Firefox (the “RECAP Extension” or the “Extension”); (2) the RECAP Extension Server, with which the Extension interacts (the “RECAP Extension Server” or the “Extension Server”); (3) the RECAP Website, located at http://www.recapthelaw.org (the “RECAP Website” or “Website”); and (4) the RECAP Website Server (the “RECAP Website Server” or the “Website Server”) (collectively, the “RECAP Materials”).

YOUR USE OF THE RECAP MATERIALS CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND ANY SUBSEQUENT CHANGES TO THESE TERMS. DO NOT USE THE EXTENSION OR THE SERVER IF YOU DO NOT AGREE WITH ALL OF THESE TERMS.

This document describes what information we collect from our users and what we will and will not do with it. If you have any questions, do not hesitate to email us at info@recapthelaw.org.

About RECAP and the Role of the Internet Archive

RECAP is a project of the Center for Information Technology Policy at Princeton University (“CITP”).

Public records submitted by RECAP users are transmitted to the RECAP Extension Server, which is under the control of CITP. Public records are then transmitted to the Internet Archive (“IA”), a 501(c)(3) non-profit tasked with building an Internet library with permanent access for researchers, historians, and scholars to historical collections that exist in digital format, which serves as the ultimate repository of the public records submitted by RECAP users. Before transmitting the public records to IA, the Extension Server strips out all information relating to the individual RECAP user and submits only the public record to IA.

Because IA has no control over the RECAP Materials, and because the IA servers never receive any sensitive information about RECAP users from the RECAP Materials, the IA servers are considered to be outside of the RECAP system, and this privacy policy does not bind IA. Users of the RECAP Materials may wish to review IA’s own Privacy Policy, which is available at http://www.archive.org/about/terms.php.

Uploading Public Records

The RECAP Materials help end users perform two functions: (1) upload public records to IA; and (2) download public records from IA.

When a RECAP Extension user downloads pages containing public records from PACER, including docket pages, “receipt” pages, and PDF files of individual documents, a copy is automatically sent to the Extension Server. Some of these pages may contain personally-identifiable information such as a PACER username. Personally-identifiable information is immediately discarded by the Extension Server and is never saved on the Extension Server or transmitted to IA.

Downloading Public Records

When a RECAP user downloads a public record through the Extension, the public record is actually downloaded from IA, which serves as the ultimate repository of the public records submitted by RECAP users. Please note that by downloading documents through the Extension from IA, RECAP users may be bound by IA’s Terms of Use, Privacy Policy, and Copyright Policy.

Querying the Internet Archive

When a RECAP user conducts a search on PACER, the Extension queries the Extension Server to determine if the user-sought public record is publicly-available for download from IA. The Extension transmits information about the court, case, and public record sought to the Extension Server, which responds to the query, and then immediately discards the information. It is neither stored on the Extension Server nor transmitted to IA.

If a user chooses to download a document or public record directly from IA, information may be logged by IA in accordance with IA’s privacy policy.

Interacting with PACER

The RECAP Extension never directly interacts with the PACER servers, nor does it store any information related to your PACER account. The Extension does check for the existence of a “PACER cookie” or “ECF cookie” in the user’s browser, but it does not further examine the contents of the cookie or transmit the cookie to the RECAP Extension Server. It does so in order to determine when you are logged in using a public-access PACER account or an attorney ECF account so that uploads and queries can be triggered. The RECAP Materials will not retain any information about your PACER account on our Servers.

Logging

The RECAP Extension Server keeps logs of all queries and uploads it receives. The Extension Server logs the client IP address, URL, and time of access. The Extension Server also separately logs information on the documents uploaded, including upload time, court name, case number and what transpired. The logs are separated to minimize the risk that individual RECAP users’ uploads can be identified after the fact, but we cannot guarantee that identification will be impossible.

CITP will purge the above mentioned logs after 14 days. However, CITP reserves the right to compute standard aggregate statistics such as total number of uploads, queries, and unique users before purging our logs. After the 14 day period, the Extension Server will continue to maintain a database log with the court and document information for each public record.

RECAP Website traffic will be tracked using Google Analytics. In addition, when users leave a reply or comment on the RECAP Website, the name, email, url, IP address, date and time of publication, and comment will be stored in a Website Server Log. The Website Server will also log standard information for HTTP requests, including date, time IP address, and URL. The Website Server Log may be kept in perpetuity.

Disclosure of Information

CITP will not publicly display log records or client IP addresses. CITP will not sell logs to third parties. CITP will only release logs to a third party if compelled to do so by a court order.

Changes

We reserve the right to change our privacy policy from time to time at our sole discretion. Please periodically check this section to review the current version of the Privacy Policy. Your continued use of the RECAP Extension or the RECAP Server following the posting of such changes will constitute your assent to all such changes.

Last Updated October 6, 2010.

Note: This privacy policy is about how we protect the privacy of RECAP users. For information about what we’re doing to protect the privacy of people who are the subject of public records, please see our Frequently Asked Questions.

Note: You may also wish to review our Copyright Infringement Information and Terms of Use