6.1 RPost Collection and Use of Customer Information. RPost collects the following information when a Customer uses the Services: name of the Customer, name of Sender, Email address of the intended recipient, size of the email file sent, the Signature Password, and information listed within parenthesis on the subject field of the (R)egistered Email® message. This information is used by RPost for billing purposes and the provision of the Service and is Confidential Information of Customer. In some instances, RPost may require that Customers provide RPost with a password to access the Service. Passwords are Confidential Information of Customer. The RPost Software and Service do not store any email or authenticating information relating to email processed by the Software or Service, except in the case of the sender opting to use the large file transfer service or in some instances, a managed receipt archive service. You acknowledge and agree that RPost’s large file transfer service links to files uploaded by RPost at the request of the User and these links are public and non-secure, in that such links may be forwarded freely to any third party by your designated recipients, or forwarded by other third parties whom you did not designate, unless the service encryption options are used with the large file transfer service. RPost assumes no responsibility for the security, confidentiality or privacy of files uploaded via this feature when the encryption options are not used. By using this feature without encryptions options, you acknowledge and agree: (i) to assume sole responsibility for the content of any files uploaded, hosted and/or transmitted; and (ii) to assume any liability arising from your transmission of, and/or any third party’s receipt of, your uploaded files, even if you did not designate the recipient in your original large file transfer submission. In the event that RPost, in its sole discretion, determines or suspects that any uploaded file(s) constitute(s), or may give rise to, a violation of any law, copyright, trademark, regulation or this Agreement, or you are otherwise in breach of any provision of this Agreement, RPost reserves the right to remove your stored file(s) and/or to deactivate links to stored file(s) without further notice to you. RPost agrees and abides by each respective country’s privacy rules and principles as service is taken up in the country. RPost abides by practices and procedures to meet the requirements of the European Commission’s Directive on Data Protection “Safe Harbor”, the National Privacy Principles of Australia, and the U.S. Privacy Act 1988, as well as other privacy laws specific to other countries and territories.
6.2 RPost Access to Contents of RPost Service messages. Customer understands and agrees that RPost may have access to the content of RPost Service messages only in the event that such access is required (i) to repair a Serivce server or otherwise ensure the smooth operation of the Service; (ii) to investigate or prevent the abuse of the Service; or (iii) as otherwise provided in Section 5 of this Agreement. Such contents are Confidential Information of Customer and subject to the provisions of Section 5.
6.3 RPost Safe Harbor Self-Certification. RPost complies with the U.S.-EU 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. RPost has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. The Safe Harbor program is a streamlined process for U.S. companies to comply with the requirement under the EU Directive 95/46/EC on the protection of personal data, requiring that personal data transferred outside of the EU receive adequate protection. To learn more about the Safe Harbor program, and to view the company’s certification, please visit http://www.export.gov/safeharbor/. RPost has also agreed, as part of its compliance with the U.S.-EU Safe Harbor Framework, to participate in the dispute resolution procedures of an independent recourse mechanism administered by the International Centre for Dispute Resolution, (ICDR), which is the international division of the American Arbitration Association (ICDR/AAA). The ICDR/AAA Safe Harbor Program dispute resolution procedures would be administered by the ICDR/AAA pursuant to its International Arbitration Rules as modified by the procedures provided at http://go.adr.org/safeharbor. Affected individuals who do not receive timely acknowledgment of their complaints or whose complaints are not satisfactorily addressed by RPost may file online, or by mail or fax as directed at http://go.adr.org/safeharbor for resolution pursuant to the Safe Harbor Privacy Principles.