Software Freedom Conservancy Document Retention Policy 1 Purpose Software Freedom Conservancy (“Conservancy”) has adopted a document retention and destruction policy (“Policy”) in order to define the record retention responsibilities of Conservancy officers, staff, and board members for maintaining and documenting the storage and destruction of Conservancy's documents and records. 2 General Guidelines Records should not be kept if they are no longer needed for the operation of the business or required by law. Unnecessary records should be eliminated from the files. The cost of maintaining records is an expense which can grow unreasonably if good housekeeping is not performed. A mass of records also makes it more difficult to find pertinent records. From time to time, Conservancy may establish retention or destruction policies or schedules for additional categories of records in order to ensure legal compliance, and also to accomplish other objectives, such as cost management. Conservancy has identified several categories of documents that warrant special consideration; these categories are listed below. While Conservancy has established minimum retention periods for these categories, the retention of these documents - and of records not included in the identified categories - should be determined primarily by the application of the General Guidelines affecting document retention in this Section, as well as the exception for litigation-relevant records described in the next Section and any other pertinent factors. 3 Exception for GPL Compliance and Litigation-Relevant Documents Conservancy expects all staff, officers, board members, and PLCs to comply fully with this Policy and any other written document retention policies, with the following notable exception to any stated destruction schedule: if you believe, or if Conservancy informs you, that certain Conservancy and/or Project records relate to efforts to bring companies into compliance with the General Public License, enforcing the GPL, or in some way relates to litigation or potential litigation (i.e., a dispute that could result in litigation), then you must preserve those records until it is determined that the records are no longer needed. That exception supersedes any previously or subsequently established destruction schedule for those records. 4 Document Storage Methods All Conservancy documents are stored electronically in a version-controlled repository on a remote server that is backed up to drives on our local premises, with the following exceptions: • Conservancy stores all e-mails on a separate e-mail server • Conservancy retains hard copies of all contracts executed with parties outside of the United States for at least the full term of each contract 5 Minimum Retention Periods for Conservancy Documents 5.1 Organizational Documents The following records should be retained permanently: • Conservancy Articles of Incorporation • Conservancy By-laws • Conservancy's IRS Form 1023 - which is also to be made available for public inspection upon request • Board meeting minutes and supporting materials presented at Board meetings 5.2 Tax Records Tax records should be retained for at least seven years from the date of filing the applicable return. These records include: • IRS Form 990 and related schedules • Financial audit letter and supporting documents • Employment tax records • Documents concerning payroll, expenses, proof of donor contributions • Documented accounting procedures 5.3 Financial Records In general, Conservancy's financial records should be kept for at least seven years. These records include: • Accounts payable ledgers and schedules • Accounts receivable ledgers and schedules • Bank reconciliations, bank statements, deposit slips and checks (except for as stated below) • Donation records • Expense reimbursement requests and supporting receipts and documentation Certain important financial records are to be kept permanently. These records include: • Checks and/or proofs of payment for expenditures over US$100,000 5.4 Employment/Personnel Records All employment and personnel records should be kept for at least seven years, with the following exceptions: • IRS Form 990 and related schedules: at least seven years from the date of filing the applicable return • Financial audit letter and supporting documents: at least seven years from the date of filing the applicable return • Employment applications and related documents (including correspondence and CVs from prospective candidates): at least three years • Employee offer letters, and confirmations of acceptance: kept permanently 5.5 Other Corporate Records Other corporate records shall be kept according to the schedule below: • Insurance policies (both current and expired), claims, and related reports: retained permanently • Press releases: retained permanently • Trademark and copyright applications and registration materials: retained permanently • Executed fiscal sponsorship agreements: retained permanently • Internal strategic documents: at least three years • Correspondence regarding Member Project decisions, including disbursement requests: at least seven years 5.6 Correspondence • Except as classified above, letters received in hard copy shall be kept for at least one year. • Except as classified above, e-mail correspondence in Conservancy e-mail accounts shall be archived for at least one year, with the exception of the correspondence sent to the “ compliance@sfconservancy.org” account, which shall be archived for at least seven years. 5.7 Reports from Projects 5.8 Blogs and Press Releases Conservancy should retain permanent copies of all official Conservancy blogs and press releases. 5.9 Contracts Except as classified above, all contracts entered into by Conservancy should be retained for at least seven years from the date of filing the applicable return. These records include: • IRS Form 990 and related schedules • Financial audit letter and supporting documents • Documents concerning payroll, expenses, proof of donor contributions • Documented accounting procedures 5.10 Software Development Contract Deliverables All code and supporting documentation written by a developer in fulfillment of a contract with Conservancy should be archived electronically for at least three years. 5.11 Presentations All presentations, including slides, charts, and supporting visual aids, prepared for use by a Conservancy officer or staff member shall be kept for at least two years. 5.12 Drafts Notwithstanding the above, once the final copy of a document has been completed, the drafts may be recycled or deleted, unless they are documents of legal value. For documents determined to be of legal value, drafts containing comments shall be saved for at least two years, and drafts without comment may be destroyed once the final version is complete. 6 Destruction of Documents Conservancy reserves the right to destroy hard copies of documents by shredding or fire after the expiration of the applicable document retention schedule. Conservancy reserves the right to destroy electronic copies of documents by fire or other proven means to destroy such media after the expiration of the applicable document retention schedule. All permitted document destruction shall be halted if the organization is being investigated by a governmental law enforcement agency, and routine destruction shall not be resumed without the written approval of Conservancy's General Counsel or Executive Director. No documents are to be concealed, altered, or destroyed with the intent to obstruct a legal investigation or litigation.