ONE SOURCE DISCOVERY POLICIES
One Source Discovery is a joint venture between AC eDiscovery, Inc. and Vintage Forms, LLC. This policy describes how data of various types shall be handled during the normal course of operation of One Source Discovery and their employees, agents and/or affiliates (collectively, “OSD”) and how OSD shall handle privacy concerns or questions. For general questions or concerns, please call 866-673-4797.
General: OSD will not sell or trade any of the data gathered in the scope of its work on behalf of clients, without written consent of the client providing such data.
Customer Data: OSD provides several services involving customer data including: data storage, data processing and secure on-line repository. OSD makes every reasonable effort to secure customer data using physical security (secured offices, fireproof safes, etc.) and/or digital security (secure login, encrypted storage, etc.). Additionally, all OSD employees, as a condition of employment, are required to sign and adhere to a strict confidentiality agreement.
Conflicts Of Interest Policy
OSD provides a variety of services, including digital forensic collection, forensic examination, electronic discovery and legal document services, as well as secure web review. Generally, OSD’s services rendered in respect to any pending or prospective litigation fall into two distinct categories: 1) electronic data discovery services (“EDD”), or 2) computer forensics (“CF”).
EDD are ministerial services, which are rendered by OSD and which DO NOT involve analysis, substantive consultation, or the exercise of independent discretion by or request for an opinion from OSD. EDD includes but is not limited to: a) extracting searchable text from native or scanned documents, b) sorting documents on OSD’s online review platform, c) converting data files, d) Bates numbering, copying and/or scanning documents, e) conducting searches of data sets based exclusively upon client-provided or third party-provided (i.e. as opposed to OSD-provided) search criteria, f) culling data based exclusively upon client-provided or third party-provided search criteria, or g) other routine clerical functions.
By contrast, CF are services requiring expert knowledge or skill and often involve the exchange of information considered proprietary or confidential or entail OSD’s exercise of discretion in among other things identifying substantive litigation issues or making substantive decisions about applicable documents and/or data. CFS include but are not limited to: a) data recovery services, b) process consulting in regard to a client’s business operations, c) providing expert testimony, d) conducting analysis or investigative work, e) consulting in regard to pending or threatened litigation, including but not limited to keyword consulting, and f) forensic data collection.
YOU ARE HEREBY ADVISED THAT OSD MAY AND DOES SOMETIMES PROVIDE ELECTRONIC DATA DISCOVERY SERVICES FOR OPPOSING PARTIES AND/OR CO-PARTIES TO THE SAME LITIGATION. FURTHERMORE, YOU ARE ADVISED THAT OSD MAY PROVIDE EDD TO ONE OR MORE OPPOSING AND/OR CO-PARTIES WHILE PROVIDING COMPUTER FORENSIC SERVICES TO ANY OTHER PARTY TO THE SAME LITIGATION. OSD PROVIDE SUCH CF ON A FIRST-COME, FIRST-SERVED BASIS. IN EITHER EVENT, OSD SHALL HAVE NO DUTY TO DISCLOSE TO ANY PARTY TO SUCH LITIGATION ITS WORK RELATIONSHIP WITH ANY OTHER PARTY TO SUCH LITIGATION
OSD WILL NOT, HOWEVER, PROVIDE COMPUTER FORENSIC SERVICES FOR OPPOSING PARTIES AND/OR CO-PARTIES TO THE SAME LITIGATION UNLESS AND UNTIL SUCH OPPOSING PARTIES OR CO-PARTIES HAVE DULY EXECUTED A WRITTEN JOINT SERVICES AGREEMENT, WHICH DISCLOSES TO EACH SUCH OPPOSING PARTY AND/OR CO-PARTY THAT SUCH SHARED SERVICES ARE BEING PROVIDED BY OSD IN THE LITIGATION. IN SUCH EVENT, THE APPLICABLE, WRITTEN JOINT SERVICES AGREEMENT SHALL DEFINE THE RELATIONSHIP OF SUCH PARTIES TO OSD AND THE RESPECTIVE RIGHTS AND RESPONSIBILITIES OF SUCH PARTIES AND OSD
Furthermore, the work product derived from any electronic data discovery services or computer forensic services performed by OSD shall constitute the sole property of the party or parties requesting and paying for same as opposed to the property of OSD or any other party. And, OSD will not share any parties’ work product with any other party absent the agreement of the party requesting and paying for such work product and such other party or parties or an applicable court order requiring same
Finally, OSD will strive but is not required to engage distinct personnel to perform services for opposing parties or co-parties to the same litigation
Questions or concerns: Any other questions or concerns you have about data privacy should be directed to our toll-free number, 866-673-4797 or the company email, firstname.lastname@example.org.
Evidence Expiration Policy
OSD will retain forensic images for three (3) years from the date of collection. Once the three year retention period is near expiration, OSD will attempt to contact the lead contact/attorney (CLIENT) as defined in the engagement letter for the matter first via email to the email address provided to OSD at case inception to determine how the client wishes for the data to be handled (deleted, provided to client for retention, or continued retention by OSD). If no response is received from the client following this email attempt, OSD will then attempt to call the main phone number of the client’s company, the client’s direct number, and/or other phone number provided during case inception or otherwise on file at OSD. If no response is received from the client following the phone call attempt, OSD will make one final attempt to contact the client via first-class USPS mailed letter to the last known address of contact. If no response is received fifteen (15) calendar days after the date of mailing, OSD reserves the right to destroy any/all forensic images having determined they have been abandoned.
Third-Party Subpoena Policy
It is the policy of OSD to charge our standard rates for reproduction expenses relating to all third-party subpoenas including governmental or judicial subpoenas.
Subscription services (e.g. hosting, monthly storage) offered by OSD will be automatically renewed unless OSD is provided with THIRTY (30) days written notice requesting cancellation of such services.
In the event OSD allocates resources or transports equipment for a project that is cancelled for any reason, cancellation fees may apply.