In my most recent column I expressed concern over the lack of privacy protections for e-mail content in Postini's privacy policies. I really did check with Postini and, as I said in the column, they only sent me language that provided no protection.

Sometimes you have to go to the boss. Postini Founder and CTO Scott Petry just sent me a portion of their standard contract language. This language, as far as I'm concerned, unambiguously protects the privacy of the e-mail messages they process. It essentially prevents Postini from doing anything with the e-mail other than fulfilling their obligations under the contract.

So if you're a Postini customer worried about Google mining your data, don't. As I said in the column, stupid idea. End of story.

Here's the actual language:

8. Confidentiality.
8.1 Postini and Customer both acknowledge that in the course of this Contract, each party may have access to the other's Confidential Information. "Confidential Information," as used in this Contract, means information not generally known to the public, in written, oral or any other form, that a party designates as being confidential or that, under the circumstances surrounding disclosure, should be clear that it is confidential. For clarity, Customer's Confidential Information shall also include Customer's electronic messages that are subject to the Services.
8.2 The obligations of this Section 8 shall not apply to Confidential Information that (i) was in the possession of, or was rightfully known by a receiving party, without an obligation to maintain its confidentiality, prior to the time of disclosure; (ii) is or becomes generally known to the public without violation of this Contract; or (iii) is obtained by a receiving party in good faith from a third party having the right to disclose it without an obligation of confidentiality.
8.3 Each party agrees that during the Term of this Contract and for a period of two (2) years after the expiration of this Contract, it will not make any such Confidential Information available to any third party (other than its supplier(s), who are bound by confidentiality obligations to such party at least as stringent as those provided herein, solely to provide the Services) and will not use the other's Confidential Information for any purposes other than to exercise its rights and perform its obligations under this Contract. Each party shall take all reasonable steps to ensure that the other¹s Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of this Contract, and in any event each party shall exercise the same prudent practice in preserving this information as it does to preserve its own Confidential Information. The foregoing obligations will not restrict either party from disclosing the other party's Confidential Information or the terms and conditions of this Contract pursuant to the order or requirement of a court or other governmental body, provided that the party required to make such disclosure gives prompt notice to the other party (where legally permissible) to enable it to contest such order or requirement.
8.4 Postini further agrees that it will not change or copy Customer's messages, and it will not read or distribute Customer's messages, except as required to perform the Services. Postini hereby agrees that it has implemented industry standard procedures to: (1) ensure the security and confidentiality of Customer's Confidential Information; (2) protect against any anticipated threats or hazards to the security or integrity of such information; and (3) protect against unauthorized access to or use of such information. If this Contract is subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the parties agree to comply with the applicable laws thereunder and shall negotiate in good faith, if necessary, to execute any other documents that may be required to comply with such applicable laws.