Legal

DATA RECOVERY TERMS AND CONDITIONS

Please read the following Terms and Conditions closely before using our services. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE OR OUR SERVICES.

Authorization:
The client (hereafter “you”, “the client”, “your”) authorizes Proven Data Recovery (hereafter “Proven Data Recovery”, “we”, “our”, or “us” or or “PD” “PDR” or “Proven Data”), its officers, employees, contractors and subcontractors, to access your computer equipment, including its storage media, and conduct an evaluation of your storage media to determine the nature of the damage and provide an estimate of recovery cost and timing.

The client also authorizes Proven Data Recovery to take any and all reasonable efforts and measures necessary to determine recoverability and, after executing our Approved Recovery Efforts Authorization form, to recover data from such media and equipment.

Legal Rights:
The client is the legal owner, representative, or otherwise has a legitimate right to the property or act on the owner’s behalf and all data contained therein sent to Proven Data Recovery. Any property left with Proven Data Recovery and unclaimed for 60 days, will be disposed. At which time, Proven Data Recovery shall have no liability to the client or any third party.

Liability:
Proven Data Recovery assumes no liability for any claims regarding the physical functioning of media and or equipment nor the condition or existence of data on storage media supplied before, during or after service. In no event will Proven Data Recovery be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after service even if Proven Data Recovery has been advised of the possibility of damages or loss to persons or property.

The client is aware that we may potentially ship their device(s) to specialized facilities based on the issue present with the storage media. In no event will Proven Data Recovery be liable for any loss of data or loss of revenue or profits or any special, incidental, contingent, or consequential damages, however caused, before, during or after the shipment.

If a shipment requires insurance, it is the responsibility of the client. Our liability is limited to gross negligence and bad faith. Client and Proven Data Recovery agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at our option, additional attempts by us to recover satisfactory data or refund of the amount paid by the client. Client is fully aware of the inherent risks of injury and property damage involved in data recovery, including without limitation, risks due to destruction or damage to the media or data and inability to recover data, or inaccurate or incomplete data recovery, including those that may result from the negligence of Proven Data Recovery, and assumes any and all known risks of injury and property damage that may results.

Waiver and Release
You understand and acknowledge that the provision of data recovery services by PDR could result in damage to your computer equipment and any and all data stored therein, third party actions, disruption of your business operations or other loss, liability or damages.  You, on your own behalf and on behalf of any and all successors and assigns, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify the Company, its owners, officers, employees, licensors and contractors from any and all claims, actions, losses or liabilities for damages of any kind, including loss of data, injury to property and lost revenue, that may arise in connection with the Company’s services.  You represent that you have independently investigated the advisability of using PDR’s services and the possible risks involved in using such services.  You agree to maintain your own insurance covering such risks and will look solely to such insurance for reimbursement of any resulting damages.  You also represent that you have read this entire waiver and liability release, that you fully understand it and that you intend to relieve PDR, its officers and employees and its successors and assigns from any and all liability for personal injury, loss of property or property damage caused by the negligence of any person or any other cause.  Any dispute, claim or controversy arising out of or relating to the foregoing waiver and release shall be determined by arbitration in New York County, State of New York before a single arbitrator having experience with data recovery services.  The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures.

Confidentiality:
We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care used to protect our own confidential information. Proven Data Recovery and its officers and employees agree not to disclose any data to any third party unless under final appeal and penalty of State, Federal or International Law. Proven Data Recovery provides an absolute NONDISCLOSURE of any customer data. If the client requires their data to be encrypted prior it is the responsibility of the client to notify us through the case management system. All data is encrypted utilizing 256 bit AES encryption with a strong password.

Evaluation: 
Proven Data Recovery will diagnose your storage device to the best of our ability with the resources available. All evaluations during our standard business hours Monday-Friday 9 AM – 5 PM are free. Emergency evaluations after hours require a fee of $400 unless otherwise stated to you in writing by PDR. The standard evaluation for flash drives, SD cards, and micro SD cards will be limited to $40. The standard evaluation for cell phones, PDA’s, and tablets will be limited to $75.  If the client proceeds with the service, the evaluation fee is waived. If the case is unrecoverable, the evaluation fee will still be due.

Payment:
Client agrees to pay in full upon completion of services rendered by Proven Data Recovery. Payment is due in full upon completion of successful recovery, prior to the release of data (whether shipped, picked up or downloaded). A recovery is deemed successful when you verify the files and report back to us.

Other payment arrangements may be made prior to recovery and must be in writing. We accept Checks, P.O.s, VISA, MasterCard, American Express, and Discover. The client is responsible for all shipping charges regardless if the data is recovered or not.

Late Fees:
A payment is considered late if it has not been paid within 10 days after receiving an invoice via email. You agree to pay a late fee equal to 1.5% of the initial overdue balance for every 30 days that payment is late (18% per year). Additionally, the you agree to pay any costs of collection, including reasonable legal fees, if the balance is not paid within the specified time period.

There will be a $10/week storage fee of your device if the balance due isn’t paid within 5 days after the recovery is complete.

Pick Ups:
To pick up in person, we require an appointment made 2 business days’ notice in advance. If for any reason the appointment is missed, we will automatically ship the device to the address on file and you will be charged $30 in return shipping. Please let us know when you would like to schedule an appointment to pick up your device(s). Our office hours are M-F 8:30 AM – 5:00 PM Your case ID, and identification such as license or passport will be required in addition to full payment of approved services. Arrangements can also be made for direct shipping to your address ($20 return shipping applies).

Authorization of Recovery:
If you accept the cost estimate provided by your account representative upon completion of the initial evaluation of your data storage device or media we will apply our existing technology and standard processes and use our best reasonable efforts to recover your data. By submitting your device and payment information, you agree to pay the fee quoted in the estimate and authorize Proven Data Recovery to charge your credit card for such amount if we are able to successfully recover the data as promised.

Unrecoverable / Unsuccessful Recovery:
If we are unable to recover any data, we will inform you accordingly and not charge you for our efforts.If, we are able to recover part but not all of your data, we will inform you accordingly and you may choose to receive the recovered data for the agreed upon fee. Any agreed upon fees such as evaluation fees will still be due.

Data Recovery Turn Around:
Proven Data Recovery honors the turnaround time you choose at the receipt of all resources needed for recovery. Although we stock thousands of hard drive parts, some hard drive manufacturers require rare parts that need to be ordered overseas. In these rare cases when we do not have parts needed for recovery in our inventory, they are ordered promptly using overnight delivery where applicable. Our recovery turnaround time begins at the point when we receive all the materials necessary for the recovery. Some recoveries may take longer than others due to the nature of the issue the drive is experiencing. There is no possible way for us or any other company to speed up the process as we are at the mercy of your storage media.

Declined Recovery Services:
Based upon your specific problem description over the phone at the time of initial consultation, we will do our best to provide you with a reasonable pre-quote range over the phone or via email.  PDR does not attempt to recover your data until after your device has been evaluated and ONLY IF you agree to the formal quote presented to you. By sending media to us, you agree that you are comfortable with this quote range and to operate on good faith intentions of using our recovery services and resources for the purpose of having us recover data from your media. Please be aware that from time to time, we may quote higher than the pre-quote range depending on our findings in the evaluation.

After evaluating your device and you decide to decline recovery services, you will only be billed for any agreed upon evaluation fees, shipping and applicable taxes.

Approved Recovery Services:
Once an evaluation is performed, you will have the option of moving forward or not with the quote provided. If the client opts out of the recovery after approving the quote at any time they agree to be charged reasonable fees for resource allocation, parts, storage, labor, and applicable taxes. If data is determined to be unrecoverable, you will not be charged the agreed upon recovery quote. if we can recover at least 80% of the data we consider it a successful recovery. If it is determined that more than 20% of the data is corrupted / unusable, the client will be given an adjusted rate at which point they can approve or decline.

Warranty Information:
You have 7 days from the point of receiving your data to make sure the data is accessible on your computer. Proven Data Recovery does not offer any warranty on storage devices provided to you. It is your responsibility to back up your data after you receive it as it is good practice to always have a second copy at all times. Any damaged or faulty storage devices that fail after 7 days should be taken to a manufacturer for repairs.

Service Limitations:
By agreeing to this service agreement you are stating that you understand that the media/data/equipment you are making available to Proven Data Recovery is already damaged, that data recovery efforts can result in further damage and that we will not be held responsible for this or any other type of damage caused to this media.

Governing Law:
This agreement shall be governed by and interpreted in accordance with the substantive law of the State of New York, excluding conflicts of law and choice of law principles that would require another state’s law to apply. Each party submits to the exclusive jurisdiction of the courts sitting in New York County, State of New York, to resolve all disputes hereunder, and waive any claim that such courts constitute an inconvenient forum.  Process in connection with any court proceeding may be served by recognized overnight courier to each party’s last known address, with delivery deemed made on the date of delivery or declined acceptance shown on the records of such courier.  No proceeding seeking damages of any kind against PDR may be brought by the client in any court in any jurisdiction unless the client notifies PDR of the client’s claim within thirty (30) days after such claim arises and brings an action for recovery within six (6) months after such claim arises.

Amendments:
This Agreement constitutes the entire agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties regarding the subject matter hereof. No amendment, modification or alteration of this Agreement shall be binding unless the same shall be in writing and duly executed by the parties hereto of by their duly authorized representative.

Severability:
If any provision of these terms and conditions is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.

Notices
Any notice required or permitted hereunder (other than service of process) shall be in writing and shall be deemed given upon personal delivery, one day after deposit with a nationally recognized express courier, specifying overnight delivery, or five days after deposit in first-class certified or registered mail, return receipt requested.  Delivery shall be deemed to have been completed if the notice is correctly addressed but returned as undeliverable or if delivery is refused or rejected. Notice may also be given by electronic mail, which shall be deemed delivered on the date shown on the records of the sender, provided that any such electronic notice shall only be valid if receipt is confirmed by the recipient or a response is received by the sender. Such notices shall be sent to the party for which intended at his, her or its address most recently communicated to the other party hereto. In the case of PD, its address for notices until further notice is Proven Data Recovery, 590 Madison Avenue, 21st floor, New York, NY 10022, Attention: President or [email protected], as applicable.

Arms-Length Agreement
These Terms and Conditions are the product of arms-length negotiations between parties knowledgeable of its subject matter who have had the opportunity to consult counsel concerning the provisions hereof prior to the execution hereof.  Any rule of law that would require interpretation of any provision against the party responsible for its inclusion herein shall have no effect on the interpretation of these Terms and Conditions.

PRIVACY POLICY

(Updated 5/24/2018) Protecting the personal privacy of every customer, vendor, and employee is a crucial part of gaining and keeping your trust in Proven Data (the “Company”, “we”, “us”). As a global organization, we strive to provide a high level of privacy protection across all of our businesses and services and to deploy consistent, rigorous policies and procedures.

This Notice does not apply to third-party applications, products, services, websites or social media features that may be accessed through links that we provide on our websites and interfaces. Accessing those links may result in the collection of information about you by a third party. We do not control or endorse those third-party websites or their privacy practices. We encourage you to review the privacy policies of such third parties before interacting with them.

Your privacy is of utmost importance to us in servicing you. Our products and services are rendered to you on the basis of your understanding of your data privacy rights.

Please read this Notice carefully. When visiting our website and using our services that link to or reference this Notice, you agree to be bound by the terms and conditions of this policy.

Your personal data – what is it?

Personal data relates to a living individual who can be identified from that data. Identification can be by the data alone or in conjunction with any other data in the data controller’s possession or likely to come into such possession. The processing of your personal data is governed by applicable privacy laws.

What roles do we play in processing your data?

We are the data controller with respect to processing your data (contact details below). This means that we decide how your personal data is processed and for what purposes. We know that you care how data about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly.

When are your personal data collected?

Some of your data can, in particular, be collected by us:

  • whenever you become our customer;
  • whenever you register to use our online services (each time you log in or each time you use them);
  • whenever you fill in forms and contracts that we send to you;
  • whenever you use our services and products.;
  • whenever you opt-in to our online or offline marketing measures and activities, including but not limited to: newsletters, online and live event registrations, and other promotional information and materials;
  • whenever you contact us via the various channels we offer you.

Our collection of personal data

The personal data we collect include any and all data you provide to us when you enter into contract with us, register an account with us, enter on our website, provide us information on a web form, update or add information to your account, or give us in any other way. You can choose not to provide data to us, but we may then not be able to service you where such services require processing such data. We use the data that you provide for purposes administering your use of our services, such as communicating with you, responding to your requests, managing your account, customizing your service experience with us, improving our products and services, and personalizing marketing measures and activities. We may communicate with you by mail, email or telephone. We will send you strictly service-related announcements or information on rare occasions when it is necessary to do so.

  • Personal data we collect

    When you register on or log into our services, we may collect and store include: your e-mail address, IP-address, name, address, phone number, login, account name, and your account activity.

    We also receive and store certain types of data whenever you interact with us. For example, we use “cookies,” which are unique identifiers that we transfer to your device to enable our systems to provide features of our services such as personalized advertisements on other websites,, provide remote access for you, allow you to visit our website without re-entering your username and/or password, verify that you have the authorization needed for the services to process your requests, personalize and improve your experience, record your preferences, customize functionalities for your devices, and to improve the functionality and user-friendliness of our services. It also helps us to better understand how you interact with our services and to monitor aggregate usage and web traffic routing on our website. Most of the cookies used by us are so-called “session cookies”. Cookies do not cause any damage on your computer and do not contain any viruses. Most browsers automatically accept cookies as the default setting. You can modify your browser setting by editing your browser options to reject our cookies or to prompt you before accepting a cookie. However, if a browser does not accept cookies or if you reject a cookie, some portions of our services may not function properly.

    We obtain certain types of data when your web browser accesses us or advertisements and other content served by us or on our behalf on other websites, such as the Internet protocol (IP) address used to connect your computer to the internet, device ID or token, unique identifier, device type, ID for advertising, referral URL, computer and connection data such as the type of operating system you use, your device information, your software information, browser type, browser language and version, ad data, access times, your browsing history, and your web log information. Our server automatically receives and records your IP address which your browser sent us on our server when you login to our website. We will store your IP address in our user registration databases. We will use your IP address to provide the most appropriate contents based on your geographic area or information derived from your IP address.

  • Non-Personal information we collect

    We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect your activities on our website, cloud services, software, and hardware. The information is anonymized before being stored to our servers, and it is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest.

    Our website keeps your account information active in our user registration databases in order to provide immediate access to your personal data each time you visit our website, as noted above.

Use of Google Analytics

Our website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies or IP-address to help the website analyze how users use the site, to monitor and analyze use of our services. The information generated by the cookie or IP-address about your use of the website will be transmitted to and stored by Google on servers. Google will use this information on our behalf for the purpose of evaluating your use of the website, compiling reports on website activity, and providing us other services relating to website activity and internet usage. The IP-address that your browser conveys within the scope of Google Analytics will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing: https://tools.google.com/dlpage/gaoptout?hl=en.

Use of Opt-In/Subscribe Personal Data

You have a choice of whether and how you receive a variety of marketing measures and activities from us related to product solutions, services and helpful business content.

You can manage your preferences by:

  • Opting-in to newsletter subscription on a web form;
  • Opting-in to marketing measures and activities on a web form; or
  • Unsubscribing newsletter or opting-out of marketing measures and activities, via a link at the bottom of newsletter or emails regarding marketing measures and activities.

If you no longer wish to receive these communications from us, please follow the opting-out “unsubscribe” instructions provided in the link at the bottom of our marketing communications emails, or update your account settings.

How do we process your personal data?

We comply with our obligations under applicable privacy laws by keeping personal data up to date; by storing and destroying it securely; by collecting and retaining only the necessary data that we need to service you; by protecting personal data from loss, misuse, unauthorized access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data.

The processing operations we perform on your data cover automated and non-automated means of collecting, recording, organizing, structuring, storing, altering, retrieving, using, transmitting, disseminating or otherwise making available, aligning or combining, restricting, and/or erasing your data.

We use your personal data for the following purposes:

  • To design and deliver our services and activities to you.
  • To operate our website to provide you access to and use of our services.
  • To design services and activities, inform you of online and offline offers, products, services, and updates.
  • To customize, measure, and improve our services and our marketing communication activities
  • To provide services and products requested by you as described when we collect the information.
  • To contact you to conduct research about your opinions of current services and products or of potential new services and products that may be offered by us.
  • To send you communications regarding marketing measures and activities or conduct webinars informing you of our news, events, new products, business tools and information, and activities.
  • To share your contact details with our affiliate offices around the world within our group companies, for the purposes of internal administration and back-office support, to ensure our network security, and to prevent fraud.
  • To maintain the integrity and safety of our data technology systems which store and process your personal data.
  • To enforce or defend our policies or contract with you.
  • To detect and investigate data breaches, illegal activities, and fraud.

What is our lawful basis for processing your personal data?

In general, the lawful bases for us to process your personal data for the various types of processing performed on your data (please refer to “How do we process your personal data?” section of this Notice) is, as applicable, processing as necessary for us to enter into and to perform our contract with you or as necessary to pursue the legitimate interest of our Company or of third parties. .

We will collect, process and use the personal data supplied by you only for the purposes communicated to you and will not disclose your data to third parties except under the circumstances of data disclosure described in the “Sharing your personal data” section below.

Where we talk about our legitimate interest or that of third parties, such legitimate interest can include:

  • Implementation and operation of a group-wide organizational structure and group-wide information sharing;
  • Right to freedom of expression or information, including in the media and the arts;
  • Prevention of fraud, misuse of company IT systems, or money laundering;
  • Operation of a whistleblowing scheme;
  • Physical security, IT and network security;
  • Internal Investigations; and
  • Proposed mergers and acquisitions

Necessity to provide us data

You are not under any obligation to provide us any personal data. As noted below, the choice is yours. However, please note that without certain data from you, we may not able to undertake some or all of our obligations to you under our service contract with you, or adequately provide you with our full range of services. If you would like to obtain more detail about this, please contact us following the instructions in the “Whom should I contact?” section below.

Sharing your personal data

Your personal data will be treated as strictly confidential, and will be shared only with the categories of data recipients listed below. We will only share your data with third parties outside of the Company with your consent, and you will have an opportunity to choose for us not to share your data.

We may disclose your personal data to:

  • our affiliated entities within our global group of companies worldwide to provide you services such as for internal administration purposes, to detect and deal with data breaches, illegal activities, and fraud, and to maintain the integrity of our information technology systems.
  • third party service providers whom we sub-contract to work on our behalf or for us and therefore may have access to your data only for purposes of performing these tasks on our behalf and under obligations similar to those described in this Notice, who perform functions such as data processing, managing and enhancing customer data, providing customer service, conducting customer research or satisfaction surveys, , marketing support, informational systems technical support, to help us provide, analyze, and improve our services such as data storage, maintenance services, database management, web analytics, and improvement of our service features, and to assist us in detecting and dealing with data breaches, illegal activities, and fraud.
  • Governments and/or government-affiliated institutions, courts, or law enforcement agencies, to comply with our obligations under relevant laws and regulations, enforce or defend our policies or contract with you, respond to claims, or in response to a verified request relating to a government or criminal investigation or suspected fraud or illegal activity that may expose us, you, or any other of our customers to legal liability; provided that, if any law enforcement agency requests your data, we will attempt to redirect the law enforcement agency to request that data directly from you, and in such event, we may provide your basic contact information to the law enforcement agency.
  • third parties involved in a legal proceeding, if they provide us with a court order or substantially similar legal procedure requiring us to do so.

We may provide you with opportunities to connect with third party applications or services. If you choose to use any such third party applications or services, we may facilitate sharing of your information with your consent. However, we do not control the applications or services of those third parties or how they use your information, and your use of such applications and services is not governed by our privacy policy. Please review the terms and the privacy policies of those third parties before using their applications or services.

We will display your personal data and account activity in your profile page and elsewhere on our service portals according to the preferences you set in your account. You can review and revise your profile information at any time. Please consider carefully what information you disclose in your profile page and your desired level of anonymity. In your profile page, we will also display your device information as well as provide the network connection information for the devices to the applications that connect to your devices.

How long do we keep your personal data?

We keep your personal data for no longer than reasonably necessary for the given purpose for which your data is processed. If you will provide us, or have provided us, consent for us to process your data, we will process your data for no longer than your consent is effective. Notwithstanding the above, we may retain your personal data as required by applicable laws and regulations, as necessary to assist with any government and judicial investigations, to initiate or defend legal claims or for the purpose of civil, criminal or administrative proceedings. If none of the above grounds for us to keep your data apply, we will delete and dispose of your data in a secure manner according to our privacy policy.

Privacy of data subjects under the age of 16

Our products and services are not targeted to persons under the age of 16. We do not knowingly collect or process personal data from persons under the age of 16. Please note that if you are under the age of 16, you should not buy or use our product or services and we will not be liable for any lost or damage incurred by the unauthorized disclosure or processing of personal data under the age of 16.

Your rights and your personal data

Unless subject to an exemption under applicable privacy laws, you have the following rights with respect to your personal data:

  • The right to request a copy of your personal data which we hold about you.
  • The right to request that we correct any personal data if it is found to be inaccurate or out of date.
  • The right to request to erase your personal data where it is no longer necessary for us to retain such data, except we are not obliged to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
  • The right to withdraw your consent to the processing at any time, where we rely on your consent to process your data. This includes cases where you wish to opt out from marketing communications that you receive from us.
  • The right to request that we provide you with your data and where possible, to transmit that data directly to another data controller, where the processing is based on your consent or is necessary for the performance of a contract with you, and in either case we process the data by automated means.
  • The right to restrict our processing of your personal data where you believe such data to be inaccurate, our processing is unlawful; or that we no longer need to process such data for a particular purpose unless we are not able to delete the data due to a legal or other obligation or because you do not wish for us to delete it.
  • The right to object to us using your personal data, where the legal justification for our processing of your personal data is our legitimate interest. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defense of legal claims.
  • The right to lodge a complaint regarding our processing of your data, with the competent authority where you reside or in which your data is processed.

If you would like to exercise any of the above rights, please do so through by emailing [email protected]

After receiving your request, we will evaluate your request and inform you how we intend to proceed on your request. Under certain circumstances in accordance with applicable privacy laws and regulations, we may withhold access to your data, or decline to modify, erase, port, or restrict the processing of your data.

Please be advised that if you exercise the rights to erase data, restrict or object to our processing, or to withdraw your consent, we may not be able to continue our services to you if the necessary data is missing for processing.

Transfer, Storage, and Processing of Data Abroad

As noted in the “Sharing your personal data” section of this Notice, as a globally operating company, we may share your information with our affiliate companies or third parties. Please refer to the “Sharing your personal data” section of this Notice for the recipients of your data and the reasons for our provision of your data to them. Where such entities are located in other countries and jurisdictions, we will therefore be transferring your personal data outside of the European Economic Area. In making such data transfers, we make sure to protect your personal data by applying the level of security required by applicable privacy laws. Where we transfer your data to a country or jurisdiction that cannot guarantee the required level of protection as required by applicable privacy laws, we have enhanced our IT security measures and have entered into Standard Contractual Clauses with the transferee to require security obligations on the transferee, both of which are intended to increase the protection of your personal data. Standard Contractual Clauses are one of a number of “appropriate safeguards” under the applicable privacy laws that enable the transfer of personal data concerning data subjects within the European Economic Area to jurisdictions that have not been designated by the European Commission as possessing an adequate level of data protection. You may request a copy of such Standard Contractual Clauses from us, or inquire about transfers of your information, by providing your request to the contact window set forth in the “Whom should I contact?” section.

Further processing

If we wish to use your personal data for a new purpose not covered by this Notice, then we will provide you with a new notice explaining this new use prior to commencing such further processing for a new purpose, setting out the relevant new purpose and processing conditions. In such case, we will find a lawful basis for further processing, and whenever necessary we will seek your prior written consent to such further processing.

Security

We protect your data using technical measures to minimize the risks of misuse, unauthorized access, unauthorized disclosure, loss or theft, and loss of access. Some of the safeguards we use are data pseudonymization, data encryption, firewalls, and data access authorization controls. We take our data security very seriously. Therefore the security mechanisms used to protect your data are checked and updated regularly to provide effective protection against abuse.

The server through which we collect your information are usually encoded using the encryption module of your browser, and are certified for international encryption technique. If necessary, we use SSL (Secure Socket Layers) encryption to protect your personal information. Moreover, we have put in place additional and comprehensive state-of-the-art security measures when your data are accessed via the internet. Firewalls prevent unauthorized access. Diverse encryption and identification layers protect your data from intrusion or disclosure to third parties during data transfer. Furthermore, we internally use sophisticated encoding methods in order to prevent de-coding by unauthorized persons. Moreover, an electronic identifier is generated during data transfer to safeguard your information.

For your confidentiality and security, we use ID and password to secure your personal information. It is important for you to protect your ID, password, or any personal information. Do not disclose your personal information (especially password) to anyone. When you are finished using our services, please do not forget to log out from your account. If you share a computer, whether in a public or private setting, be sure to sign off and close your browsers when finished using a shared computer.

If you believe that the security of your data has been compromised, or if you like more information on the measures we use to protect your data, please contact us following the instructions in the Whom should I contact? section below.

What are your choices?

You have the choice to allow us to collect and process your data. The collection and processing of your personal data is neither a statutory nor a contractual requirement, although as noted above, we will be unable to provide you with certain services without the data necessary for such services purposes.

If you are dealing with us online, note that most browsers will inform you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies. Additionally, you can disable or delete data used by browser add-ons, such as Flash cookies, on your browser or on the website of its manufacturer.

You can always choose not to provide your data to us, although we may need such data to process your requests, in which case we will inform you of our constraints.

To the extent that you have consented to our processing of your data, you can choose to discontinue our processing at any time.

You can choose to request from us a copy of the personal data we store and process regarding you.

You can choose to add or update data that you have provided to us.

You can choose to erase your data, or you may choose to restrict our processing of your data instead.

You can choose to port your data to a third party under conditions stated above.

You can always choose to object to us processing your data.

Your choice or request on any aspects of data processing listed above can be communicated to us using the channels set forth in the “Whom should I contact?” section of this Notice.

In summary, what we are allowed to do with your data is, with limited exceptions under applicable privacy laws, up to your choice. However, in the event that you choose for us not to further process your data, such choice may affect the delivery of our obligations or services to you; in this situation, we will inform you of our constraints.

Whom should I contact?

If you have any question about this Privacy Notice, or if you would like to exercise any of your rights, or if you have any complaints that you would like to discuss with us, please in the first instance send us your signed and dated request, together with a copy of your identity card. Please be as accurate as possible:

by post to
Proven Data
Data protection Officer
590 Madison Ave, 21st Floor
New York, NY 10022

or

by e-mail to [email protected]

In case of disagreements relating to our processing of your personal data, you can submit a request for mediation or other administrative action to the data protection supervisory authority with the competent authority where you reside or in which your data is processed. Please click here for a list of local data protection authorities in EEA countries: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Proven Data Recovery’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term Proven Data Recover or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.

Copyright

This website and its content is copyright of Congi Enterprises Inc. DBA Proven Data Recovery, Proven Data © 2018. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • you may print or download to a local hard disk extracts for your personal and non-commercial use only
  • you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Website Terms of Use

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website uses cookies to monitor browsing preferences (Refer to privacy policy).
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • The site contains trade marks reproduced which are not the property of, or licensed to, the operator. The logos you see on our site are companies we’ve done business with and do not necessarily have written approval to be displayed on our site. If you are a representative of the company and would like to have your logo removed please follow the take down request below.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of New York.

Copyright and Trademark Complaints and Takedown Requests

Proven Data Recovery produces all web content on its own; unless explicitness sourced, we do not intentionally copy any content from other websites. We never willingly violate copyrights or trademarks and will make a good faith attempt to remove offending materials.

If you believe that content on https://www.provendatarecovery.com/ infringes on your copyright or trademark, we will take immediate action to remove any such material. We encourage you to submit an official complaint in writing to the address below or call our customer service department at 877-364-5161.

©2018 Proven Data
Updated 05/24/2018

c/o Victor Congionti
Proven Data Recovery
590 Madison Ave, 21st Floor
New York, NY 10022

Ransomware Terms of Service

Please read the following Terms and Conditions (this “Agreement”) closely before using our services. If you do not agree with any part of this Agreement, YOU MUST NOT USE THIS SITE OR OUR SERVICES.

Authorization:
The client (hereafter “you”, “the client”, “your”) authorizes Proven Data (hereafter “Proven Data”, “we”, “our”, or “us” or “PD”), its officers, employees, contractors and subcontractors, to access your computer equipment, including its storage media, and conduct an evaluation of your storage media to determine the nature of the damage, determine recoverability and provide an estimate of recovery cost and timing. By executing our Approved Recovery Efforts Authorization form (the “Authorization”) the client also authorizes Proven Data to take any and all available efforts and measures necessary to recover data from such media and equipment.

Legal Rights:
The client is the owner of the computer equipment to which the client is providing access, or otherwise has the right to act on the owner’s behalf, including the right to transmit all data contained therein to Proven Data.

Remote Access:
BEFORE PROVIDING YOUR TEAMVIEWER ID TO PD, CAREFULLY READ THIS AGREEMENT INCLUDING THE LIABILITY DISCLAIMER BELOW. BY PROVIDING YOUR TEAMVIEWER ID YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF AND/OR YOUR EMPLOYER, AS APPLICABLE, TO THIS AGREEMENT INCLUDING THER LIABILITY DISCLAIMER BELOW; AND (2) CONSENTING ON BEHALF OF YOURSELF AND/OR AS AN AUTHORIZED REPRESENTATIVE OF YOUR EMPLOYER, AS APPLICABLE, TO BE BOUND BY THIS AGREEMENT AND SUCH DISCLAIMER. Our services are provided at your sole risk. You hereby request a remote evaluation by a PROVEN DATA technical support representative through a remote connection to your computer. You understand that by requesting such evaluation, you will be providing PD technical support personnel with access to and control of your computer. In addition, you will be providing PD technical support personnel with access to files that reside on your computer. In order to provide the services, PD’s technical support personnel may require sample files that have been encrypted by a ransomware virus. You understand and agree that PD may download files from your computer for the purpose of conducting the analysis of such ransomware virus.

Liability Disclaimer:
PD’S LIABILITY AND THE LIABILITY OF ITS VENDORS AND LICENSORS SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO PD FOR ITS SERVICES. PD AND ITS VENDORS AND LICENSORS MAKE NO WARRANTIES OF ANY KIND WITH REGARD TO THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PD OR ITS VENDORS OR LICENSORS BE LIABLE FOR (i) ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR (ii) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF OUR SERVICES EVEN IF PD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR YOUR SOFTWARE AND PD CANNOT ASSURE YOU IN ANY MANNER THAT YOUR SOFTWARE WILL BE OR REMAIN FUNCTIONAL AFTER DECRYPTION OR OTHER RESTORATION OF YOUR DATA.

Waiver and Release
You understand and acknowledge that the provision of data recovery services by PD could result in damage to your computer equipment and any and all data stored therein, third party actions, disruption of your business operations or other loss, liability or damages. You, on your own behalf and on behalf of any and all successors and assigns, hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify the Company, its owners, officers, employees, licensors and contractors from any and all claims, actions, losses or liabilities for damages of any kind, including loss of data, injury to property and lost revenue, that may arise in connection with the Company’s services. You represent that you have independently investigated the advisability of using PD’s services and the possible risks involved in using such services. You agree to maintain your own insurance covering such risks and will look solely to such insurance for reimbursement of any resulting damages. You also represent that you have read this entire waiver and liability release, that you fully understand it and that you intend to relieve PD, its officers and employees and its successors and assigns from any and all liability for personal injury, loss of property or property damage caused by the negligence of any person or any other cause. Any dispute, claim, or controversy arising out of or relating to the foregoing waiver and release shall be determined by arbitration in New York County, State of New York before a single arbitrator having experience with data recovery services. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures.

Confidentiality:
We will protect the confidentiality of your data against unauthorized disclosure using the same degree of care used to protect our own confidential information. You acknowledge, however, that our officers, employees, contractors, accountants and attorneys (“Representatives”) may need access to such data. Thus you agree that we may disclose confidential data to our Representatives, provided that they are under a similar obligation to keep such data confidential. You also agree that we may disclose your confidential data when such disclosure is required by law, regulation or other governmental requirements.

From time to time, PD may engage in communication with perpetrators who have hacked your systems. We may ask the perpetrators to decrypt a sample file that will be provided by you. Any files that you submit to us MUST be NON-CONFIDENTIAL in nature for this purpose. You agree that we may send such a file to a third party for this purpose and that the above “Waiver and Release” and “Liability Disclaimer” apply to our doing so.

Reporting Crimes To Authorities
While Proven Data recommends reporting all internet crimes to the authorities, it is the sole responsibility of the client to report any such crimes. PD will never disclose any information to authorities about the client unless required by law or written consent has been given by the client. You agree that you will not hold PD liable for any disclosure of information to the authorities. To file a complaint for US-based customers, please follow the URL: https://www.ic3.gov/ For clients in Europe:https://www.europol.europa.eu/content/report-cybercrime

Evaluation: 
Proven Data will diagnose your storage device to the best of our ability with the resources available. It is imperative that we have access to all devices that have your encrypted data on them to prevent any additional unforeseen costs. PD is not responsible for any new variants, keys, & hacks, that are found after the evaluation. PD will need to perform an additional evaluation of any new variants found after the initial evaluation and send a new quote to the client. The client understands and acknowledges that this will be a separate fee from the original quote.

All evaluations are free during our standard business hours Monday-Friday 9 AM – 5 PM. Emergency evaluations after hours require a fee of $400 unless otherwise stated to you in writing by PD.

Payment:
The client agrees to pay our fee for an after-hours emergency evaluation before our commencing such evaluation.

The client is responsible for all shipping charges regardless of the outcome of our services and we will invoice you for such charges promptly after they are incurred.

We will issue our statement for the amount you have chosen on the Authorization, from five days after we have decrypted the files we have been able to decrypt or, if we have been prevented from decrypting your files due to your failure to comply with your Customer Responsibilities, promptly after such failure.

If we are unable to recover any data from your files because our methods have failed or because bugs in the encryption method destroyed the data in them, you will be charged a proportion of the files that were successfully decrypted unless specific arrangements have been made in writing to you. IE if 90% of your files were decrypted, then the fee will be 90% of the total quoted amount on the Authorization. All invoices must be paid within 48 hours after receipt.

We only accept Checks, P.O.s, VISA, MasterCard, American Express, and Discover. You may deduct 2% from any payment by ACH / wire transfers.

Late Payment:
A payment is considered late if it has not been paid within 10 days after receiving an invoice via email. You agree to pay a late fee equal to 1.5% of the initial overdue balance for every 30 days that payment is late (18% per year). Additionally, the you agree to pay any costs of collection, including reasonable legal fees, if the balance is not paid within the specified time period.

Authorization of Recovery:
If you execute our Approved Recovery Efforts Authorization form provided to you in our case management system upon completion of the initial evaluation of your data storage device(s), we will apply our existing technology and standard processes to recover your data.

Once you eSign the Authorization you must allow us to use all available efforts to recover your data, and if we recover any data or if we are prevented from recovering data due to your failure to comply with the Customer Responsibilities below you agree to pay the quoted recovery fee in full.

Client Responsibilities:

The following responsibilities are the sole responsibilities of the client. Not meeting these responsibilities will result in significant delays, or void our no data no charge policy.

  1. Whitelist all PD’s email addresses (“@provendatarecovery.com”) immediately after eSigning this form so that you can receive our emails.
  2. Patch up security vulnerabilities in the network that were used to encrypt your data. If the client needs assistance regarding incident response or security implementation, they should notify Proven Data immediately. Failure to patch holes in the network will result in the same issue. Proven Data has detailed knowledge of these attacks should be notified promptly if the client would like to use this service.
  3. Backup any critical data before we are provided access to them.
  4. Provide TeamViewer access within 48 business hours and fix any issues with TeamViewer preventing Proven Data access to the network.
  5. Respond to requests for files or information within 48 business hours.
  6. Provide full permission access to all encrypted files on the network at the time the engineer connects. This includes but is not limited to external hard drives, network drives, other computers and any other device which contains encrypted files. The device(s) must show up as a drive letter with full read/write permissions.
  7. Either:
    • Keep your computer operable while we are rendering services; or
    • If your computer becomes inoperable, provide an alternative network so we can access your files; or
    • If your computer is inoperable and no such alternative network is available, ship your computer to us at your cost and in accordance with our instructions.
  8. Inform us of any known issues during the process within 48 business hours.
  9. Any issues with Software is the sole responsibility of the client. Proven Data does not support any 3rd party software and cannot guarantee functionality of software post-decryption.
  10. Back up all your files immediately after they are decrypted or, if they have been sent to us, they are returned to you.

Successful/Partial/Cancelled Recovery:
Successful:
 As per our policy, PD will give the client 5 days to verify their data before deeming the case 100% successful. If the client opts out of the recovery at any time and PD can show proof of decryption based on the file sampling taken in the initial evaluation, PD is to be compensated 100% of the recovery fee for the work required to obtain the decryption key.

Partial: If the client states that their data is partially corrupted after verifying their data, PD will investigate if the files are still encrypted or if they are corrupted (damaged). If the files are deemed to be corrupted and not encrypted and PD is unable to retrieve the corrupted data, the client is to pay a proportional fee for the total data recovered. IE If 70% of the data was recovered then the client will owe 70% of the fee. If the client does not specify which files are most important before the recovery begins, the prorated amount will be based off the total number of decrypted files EXCLUDING the following file types: temporary files, duplicate files, system files and program files.

Exceptions: PD does not offer any guarantees that any of the following file type files will be operational after the correct decryption key is applied to the files. File extensions include: mdb, vhd, mda, accdb, dbf, bak, ldf, dat. For an additional fee, PD can attempt to run proprietary repair software to repair these damaged file types. The client understands that if these file types are corrupted, the full amount of the recovery is still owed as the work completed to obtain the decryption key has been achieved.

Cancelled recovery: If the client opts out of the recovery at any time prior to the decryption key being acquired, the client is obligated to a portion of the recovery fee for resource allocation as follows: Standard service: 20% of the recovery fee, Expedited service: 30% of the recovery fee, Emergency service: 50% of the recovery fee.

Data Recovery Turn-Around:
We do our best to meet the turn-around time you have selected. In certain cases, we will not be able to complete our work within that time frame due to complications, which often arise in the recovery process. The client understands that all turn-around times provided are based on averages, and no price reductions will be granted for delays unless specifically approved in writing by PD.

Approved Recovery Services:
After the evaluation is performed, you will have the option of moving forward or not with the quote provided. If you decide to move forward with recovery services, you will be locked into a fixed rate for the specific encryption discovered in the evaluation which pertains to the files gathered. If another encryption is discovered at any time, we will need to re-evaluate and provide you with an updated quote for the additional encryption. If the client opts out of the recovery after approving the quote at any time without allowing us reasonable time to remotely connect within the SLA selected and decrypt their files, the full agreed amount will still be due.

PD does not condone or support paying the perpetrator’s demands as they may be used to support other nefarious criminal activity, and there is never any guarantee to obtain the keys, or if obtained, they may not work. Unfortunately, some cases may require the payment of the demand in hopes of obtaining the means to decrypt your data. As a last resort option, PD reserves the right to pay the demand for the purpose of restoring business functionality as soon as possible. The client acknowledges that this will be an option explored by PD if all other conventional methods are not possible. 

Governing Law:
This agreement shall be governed by and interpreted in accordance with the substantive law of the State of New York, excluding conflicts of law and choice of law principles that would require another state’s law to apply. Each party submits to the exclusive jurisdiction of the courts sitting in New York County, State of New York, to resolve all disputes hereunder, and waive any claim that such courts constitute an inconvenient forum. Process in connection with any court proceeding may be served by recognized overnight courier to each party’s last known address, with delivery deemed made on the date of delivery or declined acceptance shown on the records of such courier. No proceeding seeking damages of any kind against PD may be brought by the client in any court in any jurisdiction unless the client notifies PD of the client’s claim within thirty (30) days after such claim arises and brings an action for recovery within six (6) months after such claim arises.

Amendments:
This Agreement constitutes the entire agreement between the parties and supersedes any prior understandings or written or oral agreements between the parties regarding the subject matter hereof. No amendment, modification or alteration of this Agreement shall be binding unless the same shall be in writing and duly executed by the parties hereto of by their duly authorized representative.

Severability:
If any provision of this Agreement and conditions is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and the enforceability of the remaining provisions shall not be affected thereby.

Notices:
Any notice required or permitted hereunder (other than service of process) shall be in writing and shall be deemed given upon personal delivery, one day after deposit with a nationally recognized express courier, specifying overnight delivery, or five days after deposit in first-class certified or registered mail, return receipt requested. Delivery shall be deemed to have been completed if the notice is correctly addressed but returned as undeliverable or if delivery is refused or rejected. Notice may also be given by electronic mail, which shall be deemed delivered on the date shown on the records of the sender, provided that any such electronic notice shall only be valid if receipt is confirmed by the recipient or a response is received by the sender. Such notices shall be sent to the party for which intended at his, her or its address most recently communicated to the other party hereto. In the case of PD, its address for notices until further notice is Proven Data, 590 Madison Avenue, 21st Floor, New York, NY 10022, Attention: President or [email protected], as applicable.

Arms-Length Agreement:
This Agreement is the product of arms-length negotiations between parties knowledgeable of its subject matter who have had the opportunity to consult counsel concerning the provisions hereof prior to the execution hereof. Any rule of law that would require interpretation of any provision against the party responsible for its inclusion herein shall have no effect on the interpretation of this Agreement.