Law Enforcement Request Policy

This Law Enforcement Request Policy (the “Policy”) is intended as guidelines for law enforcement or official representatives of government agencies (“Requestor,”“you,” or “your”) that have made a request to Evisort (“Evisort,”“our,” or “we”) for customer account information or customer content (“Customer Information”). This Policy is not intended for requests for information by Evisortcustomers, Evisort customers’ end users, civil litigants, or criminal defendants.

Evisort iscommitted to the importance of trust and transparency pertaining to how we use and disclose Customer Information. Except as expressly permitted by a customer contract, Evisort will only disclose Customer Information: (a) pursuant to a valid legal request; or (b) in the case of an emergency where there is a danger of death or serious physical injury to a person that Evisort may have information necessary to prevent. To protect our customers’ rights, we carefully review requests to ensure that they comply with applicable laws. This Policy is intended to serve as an informational resource and does not create obligations or waive any objections concerning how Evisort will respond in any particular case or request. Please review this Policy before submitting a request to Evisort.

LEGAL REQUEST REQUIREMENTS

If you are a Requestor in the U.S., you are required to provide a valid subpoena, court order or search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures upon a showing of probable cause. Requestors outside of the U.S.must use a Mutual Legal Assistance Treaty (MLAT) or letters rogatory to request Customer Information from Evisort.

In order for Evisort to process your request, the request must meet the following conditions:

  • include valid and enforceable legal process (e.g., a subpoena, court order, search warrant, letters rogatory)that compels Evisort to produce the Customer Information requested;
  • contain the name of the law enforcement agency or official government entity;
  • contain the name and contact information of the law enforcement agent or government representative who is authorized to serve the request, including badge or identification number;
  • be sent from the agency-issued email address;
  • state with particularity the categories of records or information sought;
  • include sufficient information regarding the customer account, such as the name of the legal entity, in order for Evisort to identify any customer accounts at issue;
  • indicate the specific time period for which information is requested; and
  • indicate the required response date (see below for emergency requests).

CUSTOMER NOTICE

Evisort respects its customers’ rights and privacy. Unless Evisort is prohibited from doing so or there is a clear indication of illegal conduct or risk of harm, it is Evisort’s policy to notify an affected customer that a request for its Customer Information has been made before disclosing anyof the requested Customer Information, so that the customer has an opportunity:(a) to process the request itself (in collaboration with Evisort if necessary);(b) to assess the legality of the request; (c) to minimize the Customer Information that is disclosed to the minimum amount of information permissible as relevant to the specific request; and (d) to seek legal remedies. Where possible, Evisort strives to give customers seven (7) days between the time of notification and production of the requested Customer Information, though that may vary on a case-by-case basis.

EMERGENCY REQUESTS

Consistent with applicable law, Evisort may disclose Customer Information to Requestor in the case of an emergency where there is a danger of death or serious physical injury to a person that Evisort may have information necessary to prevent. Evisort will evaluate emergency disclosure requests on a case-by-case basis in compliance with applicable law.

Emergency requests should be: (a) submitted via email with the subject line: “Emergency Disclosure Request”; and (b) contain all available information as outlined above in the Legal Request Requirements section to assist Evisort in evaluating the urgency of the request.

PRESERVATION REQUESTS

Evisort does not guarantee the existence or retention of any particular Customer Information. Pursuant to a valid request, Evisort will preserve Customer Information for up to ninety (90) days. Evisort will extend the preservation for one additional ninety (90) day period with an additional valid request to extend the preservation. If Evisort does not receive formal legal process for the preserved information before the end of the preservation period, the preserved information may be deleted when the preservation period expires.

Preservation requests must be sent on official law enforcement letterhead, signed by a law enforcement agent or government representative who is authorized to serve the request, and must:

  • include the relevant Customer Information requested to be preserved;
  • contain the name of the law enforcement agency or official government entity;
  • be sent from the agency-issued email address; and
  • include a statement that steps are being taken to obtain a court order or other legal process for the Customer Information sought to be preserved.

Evisort will attempt to preserve available Customer Information associated with any properly identified customer in an offline file consistent with applicable legal obligations.

WHERE TO SEND REQUESTS

Law enforcement or official representatives of government agencies should send requests to the dedicated email address lawenforcement@Evisort.com. Law enforcement and government officials may also use this email address for questions to Evisortabout this Policy, though it is important to recognize that Evisort cannot provide legal advice to such officials. Please allow at least two (2) weeks for Evisort to respond to your request. Evisort may need additional time to respond to certain requests. In these cases, we will notify you and request additional time to prepare our response. Emails from any private person or entity or non-governmental email address may not receive a response.

Evisort will also accept service of process at the following address:

Evisort
Attn: Legal Department
177 Bovet Road
Suite 400
San Mateo, California
94402

While we agree to accept service of law enforcement requests by these methods, neither Evisort nor our customers waive any legal rights based on this accommodation.

Policy effective as of August 6, 2021