Constant Contact Website Builder Legal Data Request Policy
Please see the Privacy Notice for Constant Contact (an Endurance brand) for further information on what type of information Constant Contact Website Builder collects, how it is used and when it may be disclosed. Subject to Constant Contact’s Privacy Notice, this Legal Data Request Policy describes the types of requests for data that Constant Contact may receive and how Constant Contact may respond to such requests.
2. Types of Requests.
A. Data Requests. A data request is a request for information or documents relating to customer accounts in connection with official criminal investigations or other official legal proceedings. Except in limited emergency situations (see below), Constant Contact requires data requests to be made through formal U.S. legal process and procedures, and we respond to such requests as required by law. Examples of data requests include:
ii. Court Orders
iii. Search Warrants
iv. Legal process received from outside the United States may require a Mutual Legal Assistance Treaty (MLAT) with the United States
v. Other forms of legal process such as Civil Investigative Demands
B. Preservation Requests. A preservation request asks Constant Contact to preserve customer account records in connection with official criminal investigations or other official legal proceedings. Preservation requests must include the following information: Identification of the account(s) at issue (as further described in Section 4 below);
i. Identification of the investigating agency and/or specific pending official proceedings (requests must be signed on law enforcement letterhead);
ii. Assurances that the requesting agency or individual is taking steps to obtain appropriate legal process for access to the data that Constant Contact is being asked to retain; and
iii. A valid return email address and phone number.
C. Emergency Requests. An emergency request is only appropriate in cases involving imminent serious bodily harm or death. We respond to emergency requests when we believe in good faith that such harm may occur if we do not respond without delay.
3. Notice to Constant Contact Customers.
Constant Contact’s policy is to notify its customers of requests for their data unless Constant Contact is prohibited from doing so by statute or court order.
4. Information to Include in a Request.
The following information must be included in a request for customer data:
A. First and last name of the customer and email address associated with the account; and
B. Domain name and/or IP address associated with the account. Constant Contact Website Builder may not be able to respond to a request without this information. Additionally, Constant Contact reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to the pending litigation and the underlying subpoena.
5. Sending a Request to Constant Contact.
Constant Contact Website Builder is located in Tempe, Arizona and all requests should be sent to that location or mailed or faxed to: Website Builder 1500 North Priest Drive, 2nd Floor Tempe, AZ 85281 USA E-mail: [email protected] For data requests pertaining to customers located in the European Economic Area, the requesting party must substantiate its legitimate interest to receive the information requested and obtain a subpoena/court order or other valid legal process requesting the information. If the requesting party issues a subpoena/court order or other valid legal process requesting the information, but does not substantiate its legitimate interest, Constant Contact may have to object to such a request. Please provide the following information as a minimum:
A. Full name, address and contact details of the requesting party
B. The basis on which the request is being made (e.g. infringement of a trade mark, copyright, other illegal or problematic content/activity)
C. The domain or URL where the infringement/illegal or other problematic activity is occurring
D. The interest of the requesting party (e.g. the owner of the trademark/copyright which is being infringed, or authorized representative)
E. Statement of reasonable belief that the domain in question is being used to infringe intellectual property rights or contains illegal or otherwise problematic content IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER. DUE TO THE VAGARIES OF THE INTERNET AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE, WILL HELP ASSURE THAT YOUR NOTICE IS RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.
Constant Contact may seek reimbursement for costs in responding to requests as provided by law and may charge additional fees for costs in responding to unusual or burdensome requests.
7. Available Information.
Depending on the type of formal legal process provided, Constant Contact may be able to respond with one or more of the following types of data:
A. Non-Content. Constant Contact will produce non-content information such as basic subscriber information which may include the following subject to a valid request:
ii. Email addresses
iii. Date and time of account creation
iv. Billing Information
v. IP Logs
B. Content. Constant Contact will only produce customer content (such as website files and email content) pursuant to a valid search warrant from an entity with proper jurisdiction.
Last revised: August 7, 2020
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