I wrote to HTC and they've put their head in the sand. Here is what I said:
Notes
Evernote is Not in Australian jurisdiction and therefor not subject to privacy and security laws I am familiar with. HTC are forcing me to send data I own to them. By removing Notes you have removed, without advice, my ability to access my data directly. I will not send my notes to Evernote and I recommend all other users to carefully consider the implications of this. In summary, HTC are forcing customers to send data they own to Evernote AND ontop of that Evernote will collect. Your username, email address and contact preferences; Your name, image and other personal information, if you elect to share it; The geographic area where you use your computing devices when you interact with the Service and the language you select; Your device identifier; Your telephone number – but only if you elect to share it or link it to your account; Your location and calendar information – if you elect to share it; Actions you perform in your account, including your use of certain product features and your storage of particular forms of Content (e.g., PDFs or JPGs), as well as the type of device and software you are using; Non-personally identifiable information indicating your association with one of our business partners or promotions (if applicable); and Payment information (if you purchase a Paid Service or an item from the Market) Sorry HTC this is not acceptable - I call on HTC to re-install NOTES on the phones or enable it so users to can retrieve their NOTES data on their own devices.