Guidelines for Law Enforcement Requests

Last Updated: January 4, 2018

 

These operational guidelines are a reference for law enforcement officials seeking customer records from Brinqa. These guidelines are created as a courtesy and do not create obligations concerning how Brinqa will respond in any particular case.

Brinqa’s policy on responding to law enforcement requests

Brinqa respects the rules and laws of the jurisdiction in which it operates as well as the privacy and rights of its customers. Consequently, Brinqa provides customer information in response to law enforcement requests only when we believe that we are legally required to do so.

Consequently, to obtain non-public customer information, law enforcement officials must provide the appropriate legal documents required for the type of information being sought, such as a subpoena, court order, or a warrant. To protect our customers’ rights, we scrutinize all requests to ensure that they comply with the law.

Brinqa will not provide customer content without a search warrant (or an equivalent legal obligation supported by probable cause) that requires that the content be disclosed.

What Brinqa customer information may be available in response to a lawful request?

The following information may be available in response to an enforceable government request:

Customer Information

Brinqa Cloud Services

Will Brinqa preserve customer information?

Yes. Brinqa will preserve customer information for 90 days upon a valid request. Brinqa will preserve information for an additional 90-day period upon receipt of a valid request to extend the preservation. If Brinqa 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, and must include:

Preservation requests may be sent via the service methods described below (“How do I serve a data request on Brinqa?”).

How do I serve a data request on Brinqa?

A preservation request or request for data may be sent via email, certified mail or express courier, or delivered in-person to our corporate headquarters:

Brinqa LLC
Attn: Legal Department
4505 Spicewood Springs Rd, Suite # 304
Austin, TX 78759
lawenforcement@brinqa.com

Requests seeking testimony must be served on our registered agent for service of process. We do not accept those requests in person or via email.

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

Each request must include contact information for the authorized law enforcement agency official submitting the request, including:

What Brinqa customer information must I include in my request?

When requesting customer information, please provide as much of the following information that is available at the time of the request. Failure to provide the following information may hinder Brinqa’s ability to respond in a timely manner.

Will Brinqa notify customers of requests for account data?

Yes. Brinqa’s policy is to notify customers of requests for their data unless it is prohibited from doing so by statute or court order. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other process that specifically prohibits customer notification, such as an order issued pursuant to 18 U.S.C. Section 2705(b).

Further, if your request places Brinqa on notice of an ongoing or prior violation of our terms of use, we will take action to prevent further abuse, including account termination and other actions that may notify the user that we are aware of their misconduct. If you believe in good faith that taking such actions will jeopardize your ongoing investigation, you may request that Brinqa defer such action in your request and Brinqa will take your request under advisement. It is the responsibility of the requesting law enforcement official to make this request, as it is Brinqa’s policy to enforce its terms of use.

Are there additional requirements for international requests?

Yes. U.S. law authorizes Brinqa to respond to requests for customer information from foreign law enforcement agencies that are issued via a U.S. court either by way of a Mutual Legal Assistance Treaty request or letter rogatory. It is our policy to respond to such U.S. court ordered requests when properly served.

Costs

Brinqa reserves the right to seek reimbursement for the costs associated with responding to law enforcement data requests, where appropriate.

What should I do if I have an emergency request for data?

Brinqa evaluates emergency requests on a case-by-case basis. If we receive information that gives us a good faith belief that there is an emergency involving imminent harm to a child or the risk of death or serious physical injury to a person, we may provide information necessary to prevent that harm if we are in a position to do so.

You may submit an emergency request via email to lawenforcement@brinqa.wpengine.com with the subject line: Emergency Disclosure Request.

Please include all of the following information:

© 2018 BRINQA | Legal | Terms