Data Request Policy & Guidelines

Data Request Policy & Guidelines

by Chris H

Data Request Policy

Not unlike other technology companies, TechCentrics receives requests from users and government agencies to disclose or delete data other than in the ordinary operation and provision of the Services. This Data Request Policy addresses those issues and outlines TechCentrics’s policies and procedures for responding to such requests for Customer Data. Any capitalized terms used in this Data Request Policy that are not defined will have the meaning set forth in the TechCentrics Terms of Use. In the event of any inconsistency between the provisions of this Data Request Policy and the Customer Terms of Service, the provisions of the Customer Terms of Service will control.

Requests for Customer Data by Individuals

Individuals who want access to Customer Data or want Customer Data to be removed should contact Customer regarding such requests. Customer owns the Customer Data and generally gets to decide what to do with all Customer Data put into the TechCentrics services. While TechCentrics does defer to Customer for most decisions regarding the removal of Customer Data, as described in the Customer Terms of Service, TechCentrics reserves the right to remove Customer Data that violates its policies or applicable law. For example, TechCentrics may remove images involving sexual exploitation of children and report such images to the National Center for Missing and Exploited Children.

Requests for Customer Data by Legal Authority

All requests by courts, government agencies, or parties involved in litigation for Customer Data disclosures should be sent to [email protected] and include the following information: (a) the requesting party, (b) the relevant criminal or civil matter, and (c) a description of the specific Customer Data being requested, including the relevant Customer’s name and relevant User’s name (if applicable). Requests should be prepared and served in accordance with applicable law. All requests should be narrow and focused on the specific Customer Data sought. All requests will be construed narrowly by TechCentrics, so please do not submit unnecessarily broad requests.

Except as expressly permitted by the Contract or in cases of emergency to avoid death or physical harm to individuals, TechCentrics will not disclose Customer Data, unless it is compelled by law to do so or is subject to a valid and binding order of a governmental or regulatory body. TechCentrics will notify Customer before disclosing any of Customer’s Customer Data so that the Customer may seek protection from such disclosure, unless TechCentrics is prohibited from doing so or there is a clear indication of illegal conduct or risk of harm to people or property associated with the use of such Customer Data. If legally permitted, Customer will be responsible for any costs arising from TechCentrics’s response to such requests.

TechCentrics requires that any individual issuing legal process or legal information requests (e.g., discovery requests, warrants, or subpoenas) to TechCentrics properly domesticate the process or request and serve TechCentrics in a jurisdiction where it is resident or has a registered agent to accept service on its behalf. TechCentrics does not accept legal process or requests directly from law enforcement entities outside the U.S. Foreign law enforcement agencies should proceed through a Mutual Legal Assistance Treaty or other diplomatic or legal means to obtain data through a court where TechCentrics is located.

Data Request Guidelines

These guidelines are intended to provide law enforcement authorities with information regarding the process for requesting records from TechCentrics, Inc. (“TechCentrics” or “We”). So that we can ensure compliance with our Privacy Policy, we respond only to law enforcement requests that adhere to established legal process and applicable law.

  1. U.S. Legal Process Requirements. We disclose user information solely in accordance with our Agreement and applicable U.S. law, including the federal Stored Communications Act (“SCA”), 18 U.S.C. Sections 2701-2712. In accordance with U.S. law:
    1. A jurisdictionally valid subpoena, issued in connection with an official criminal investigation, is required to compel the disclosure of basic user records, which may include name, length of service, credit card information (including billing address), email address(es), and an IP address, if available.
    2. A court order is required to compel the disclosure of certain records or other information related to a user account (not including contents of communications), which may include message headers and IP addresses, in addition to the basic user records identified above.
    3. A search warrant properly issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures, based on a showing of probable cause, is required to compel the disclosure of the stored contents of any account, which may include messages, attachments, or other content of communications within a user’s account.
  2. International Legal Requirements. A Mutual Legal Assistance Treaty (MLAT) request or letter rogatory may be required to compel the disclosure of the contents of a customer account in the case of requests from law enforcement outside of the U.S.
  3. Account Preservation Requests. We will take reasonable steps to preserve account records in connection with official criminal investigations for a period of ninety (90) days pending our receipt of a formal legal request for user data. You may request the preservation of records via email, fax or mail as indicated below.
  4. Information Required in Connection With Your Request.
    1. Your Contact Information.
      1. Requesting Agency’s name
      2. Requesting Agent’s name
      3. Requesting Agent’s badge/identification number
      4. Requesting Agent’s Agency-issued Email address
      5. Requesting Agent’s telephone number, including extension
      6. Requesting Agent’s mailing address (PO Box not acceptable)
      7. Requested response date (please allow at least 3 weeks for processing)
    2. Data Request Information
      1. Full (first and last) name of the Front User
      2. Email address(es) associated with the Front User’s account
      3. A clear and specific description of the data being requested (we will be unable to process overly broad or vague requests)
  5. Data Availability. We will search for and disclose data that is specified with particularity in an appropriate form of legal process and which we are reasonably able to locate and retrieve.
  6. User Notification. Front’s policy is to notify users of requests for their information, which includes a copy of the request, prior to disclosure so that they may have an opportunity to challenge such request unless (i) we are prohibited from doing so by law or court order; (ii) there are exceptional circumstances, such as an emergency involving the risk of bodily injury or death to a person or group of people or potential harm to minors; or (iii) prior notice would be counterproductive (for example, if we believe that the account in question has been hijacked). Law enforcement officials who believe that notification would jeopardize an investigation should obtain a proper court order or other appropriate process establishing that notice is prohibited. Please note that officer authored affidavits, cover letters or similar statements are not sufficient to preclude notice to our users. Please note that in situations where a data request draws attention to an ongoing violation of our Agreement we may, in order to protect our services and its users, take action to prevent any further abuse, including actions that could notify the user(s) who are the subject of your data request that we are aware of their misconduct.
  7. Submitting Your Request. A data request may be served by certified mail, express courier, or in person at our corporate headquarters at the following address: TechCentrics, Inc., 1626 Belleview Blvd, Unit 7314, Alexandria VA 22307.

 

 

 

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