Privacy Policy

1. Introduction

Silent Witness, Inc. ("Silent Witness," "we," "us," or "our") respects your privacy and is committed to protecting the personal information you share with us. This Privacy Policy explains how we collect, use, disclose, and safeguard information when you access or use our AI-powered accident reconstruction and biomechanical analysis platform, including our website at silentwitness.ai, APIs, and related services (collectively, the "Platform").

This Privacy Policy applies to all users of the Platform, including attorneys, law firms, insurance professionals, and other legal and professional service providers. It should be read alongside our Terms of Service and Cookie Policy.

2. Who We Are and Our Role

2.1 Data Controller

For personal information collected directly from Users (account information, usage data, communications), Silent Witness acts as the data controller.

2.2 Data Processor

For personal information contained within case materials and User Content that Users submit to the Platform, Silent Witness acts as a data processor. Users are solely responsible for ensuring they have the legal basis and necessary consents to submit such third-party personal information.

2.3 Legal Technology Context

Silent Witness understands that our Users handle sensitive legal matters, including personal injury litigation, insurance claims, and accident investigations. We take the confidentiality of case-related information seriously and implement protective measures appropriate to the sensitivity of legal and quasi-legal data.

3. Information We Collect

3.1 Information You Provide to Us

• Account Information: Name, email address, professional title, law firm or organization name, bar number, phone number, and billing address.
• Payment Information: Credit card numbers, billing details, and transaction history. Full payment card data is processed by our PCI-DSS compliant payment processor.
• Professional Credentials: Bar membership information, professional certifications, firm affiliations, and verification documents.
• Case Materials (User Content): Accident scene photographs, crash data, vehicle information, medical records or summaries, police reports, witness information, and other case-related materials.
• Communications: Messages, support requests, survey responses, and other communications you send to us.
• Feedback and Reviews: Opinions, ratings, suggestions, and feedback you provide about the Platform.

3.2 Information Collected Automatically

• Log Data: IP address, browser type, operating system, referring URLs, pages viewed, time and date of access.
• Device Information: Device identifiers, hardware model, operating system, and network information.
• Usage Data: Features used, analyses requested, report types generated, workflow patterns.
• Performance Data: Load times, error logs, crash reports, and platform performance metrics.
• Cookies: As described in our Cookie Policy.

3.3 Information from Third Parties

• Integration Partners (legal case management systems, demand platforms)
• Identity Verification Services
• Analytics Providers
• Marketing Platforms

3.4 Sensitive Information

Case materials may contain sensitive categories of personal information, including health and medical information. We process such information only as necessary to provide the Services and do not use it for marketing purposes.

4. How We Use Your Information

4.1 To Provide and Improve the Services

• Process and analyze case materials to generate AI-powered reports
• Authenticate your identity and manage your account
• Process payments and manage billing
• Provide customer support
• Monitor, maintain, and improve Platform performance
• Conduct internal research to improve our AI models

4.2 For Business and Legal Purposes

• Comply with legal obligations and regulatory requirements
• Enforce our Terms of Service
• Detect, investigate, and prevent fraud and abuse
• Establish, exercise, or defend legal claims

4.3 For Communications and Marketing

You may opt out of marketing communications at any time by clicking "unsubscribe" in any marketing email or by contacting us at contact@silentwitness.ai.

4.4 AI Model Development

We may use aggregated, de-identified, and anonymized data to train and improve our AI models. We do not use personally identifiable information or identifiable case materials for AI training without your explicit written consent.

5. Legal Basis for Processing (GDPR)

• Contractual Necessity: Processing required to perform our contract with you (Article 6(1)(b) GDPR).
• Legitimate Interests: Processing necessary for improving the Platform, detecting fraud, and ensuring security (Article 6(1)(f) GDPR).
• Legal Obligation: Processing required to comply with applicable laws (Article 6(1)(c) GDPR).
• Consent: For optional processing such as marketing communications (Article 6(1)(a) GDPR).
• Special Categories: Where we process sensitive data, we rely on explicit consent or the defense of legal claims (Article 9(2)(a) and (f) GDPR).

6. How We Share Your Information

6.1 We Do Not Sell Your Personal Information

Silent Witness does not sell, rent, or trade your personal information to third parties for their own marketing or commercial purposes.

6.2 Service Providers

We share information with vetted third-party service providers who assist us in operating the Platform, including cloud infrastructure, payment processors, analytics providers, customer support tools, and email delivery services. All service providers are contractually required to implement appropriate security measures.

6.3 Legal and Compliance Disclosures

We may disclose your information to comply with applicable law, respond to valid court orders, enforce our Terms, or protect the rights, property, or safety of our users or the public.

6.4 Business Transfers

In the event of a merger, acquisition, or sale of assets, your information may be transferred as part of such transaction. We will provide notice before your information becomes subject to a different privacy policy.

7. Data Retention

8. Data Security

We implement comprehensive security controls to protect your personal information:

• Encryption: All data in transit encrypted using TLS 1.2+. Data at rest encrypted using AES-256.
• Access Controls: Role-based access with logging and auditing.
• Authentication: Multi-factor authentication available for all accounts.
• Infrastructure: SOC 2 Type II certified cloud platforms with continuous monitoring.
• Penetration Testing: Regular vulnerability assessments and penetration testing.
• Employee Training: Regular data security and privacy training for all staff.
• Incident Response: Documented incident response plan with notification procedures.

Contact contact@silentwitness.ai if you suspect unauthorized access to your account.

9. Your Privacy Rights

9.1 Rights Available to All Users

• Access: Request a copy of the personal information we hold about you.
• Correction: Request correction of inaccurate or incomplete information.
• Deletion: Request deletion of your personal information.
• Portability: Request your data in a structured, machine-readable format.
• Opt-Out: Opt out of marketing communications at any time.

9.2 EEA, UK, and Switzerland (GDPR Rights)

• Right to Object to processing based on legitimate interests
• Right to Restrict Processing in certain circumstances
• Right to Withdraw Consent at any time
• Right to Lodge a Complaint with your local supervisory authority

9.3 California Residents (CCPA/CPRA)

• Right to Know: Disclosure of categories and specific pieces of personal information collected.
• Right to Delete: Request deletion of personal information.
• Right to Correct: Request correction of inaccurate information.
• Right to Opt-Out: We do not sell personal information.
• Right to Non-Discrimination: We will not discriminate against you for exercising your rights.

To submit a California privacy request, contact us at contact@silentwitness.ai.

9.4 Other U.S. State Privacy Rights

Residents of Virginia, Colorado, Connecticut, Texas, and other states with comprehensive privacy laws may have similar rights. We will honor verified rights requests from residents of all states with applicable privacy laws.

10. Children's Privacy

The Platform is not intended for use by individuals under 18. We do not knowingly collect personal information from children under 18. Case materials containing information about minors involved in accidents are processed solely as part of the analytical services and are subject to the same security protections as all other case data.

11. International Data Transfers

Silent Witness is headquartered in the United States. If you are located outside the United States, your personal information will be transferred to and processed in the United States.

For transfers from the EEA, UK, or Switzerland, we rely on:

• Standard Contractual Clauses (SCCs) with data processors
• UK International Data Transfer Agreement (IDTA) for UK transfers
• Data Processing Agreements meeting applicable legal requirements

12. Third-Party Links and Integrations

The Platform may contain links to third-party websites or services. This Privacy Policy does not apply to third-party services. When you connect a third-party integration, you authorize us to share data necessary to enable that integration.

13. Attorney-Client Privilege and Work Product

We recognize that legal professionals may submit materials protected by attorney-client privilege or constituting attorney work product. Silent Witness treats all case materials as confidential. However, Silent Witness is not a law firm and cannot provide legal advice about whether submitting specific materials will preserve or waive applicable privileges.

We will not voluntarily disclose case materials to opposing counsel, courts, or other third parties except as required by valid legal process or as expressly authorized by the submitting User.

14. Health Information and HIPAA

Case materials may include protected health information ("PHI") as defined under HIPAA. If your use of the Platform involves PHI and you are a HIPAA covered entity or business associate, please contact us at contact@silentwitness.ai to execute a Business Associate Agreement (BAA) prior to submitting PHI.

15. Do Not Track Signals

Our Platform does not currently respond to DNT signals. You may use our cookie consent controls and browser settings to limit tracking, as described in our Cookie Policy.

16. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. When we make material changes, we will update the Effective Date, notify registered Users by email at least 30 days before changes take effect, and post a prominent notice on the Platform.

17. Contact Us and Privacy Requests

If you have questions, concerns, or requests regarding this Privacy Policy, please contact our Privacy Team:

We aim to respond to all privacy requests within 30 days. If you are located in the EEA, you have the right to lodge a complaint with your local data protection authority.