Towbook

Data Request Policy

  1. Privacy Policy. Please see Towbook’s Privacy Policy for further information on what type of information Towbook collects, how it is used and when it may be disclosed. Subject to Towbook's Privacy Policy, this Data Request Policy describes the types of requests for data that Towbook may receive and how Towbook may respond to such requests.
  2. Types of Requests. Towbook receives the following types of requests concerning Client data:
    1. Data Requests. A data request is a request for information or documents relating to Client accounts in connection with official criminal investigations or other official legal proceedings. Except in limited emergency situations (see below), Towbook 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:
      1. Subpoenas
      2. Court Orders
      3. Search Warrants
      4. Legal process received from outside the United States may require a Mutual Legal Assistance Treaty (MLAT) with the United States
      5. Other forms of legal process such as Civil Investigative Demands
      *For the purpose of clarity, if you are not the person who signed up for Towbook, have had access to the account at any time, are named as an additional contact person, or whose name appears on invoices or payments to Towbook, you must make a data request as provided above.
    2. Preservation Requests. A preservation request asks Towbook to preserve Client account records in connection with official criminal investigations or other official legal proceedings. Preservation requests must include the following information:
      1. Identification of the account(s) at issue (as further described in Section IV below);
      2. Identification of the investigating agency and/or specific pending official proceedings (requests must be signed on law enforcement letterhead);
      3. Assurances that the requesting agency or individual is taking steps to obtain appropriate legal process for access to the data that Towbook is being asked to retain; and
      4. A valid return email address and phone number.
    3. 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 Towbook Clients. Towbook's policy is to notify its Clients of requests for their data unless Towbook is prohibited from doing so by statute or court order. The person who is the account owner (person who signed up for Towbook) or person paying the monthly fee for Towbook should also be served with a copy by you, unless prohibited or not required by applicable law.
  4. Information to Include in a Request. The following information must be included in a request for Client data:
    1. Name of the business
    2. First and last name of the Client
    3. Specific relevant Client data being sought and specific, reasonable period of time
    4. Basis for the proceeding/action in which the Client data is being sought and how such data is relevant to that proceeding/action.
    Towbook may not be able to respond to a request without this information. Additionally, Towbook 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. Towbook also reserves the right to charge a reasonable fee, as permitted by applicable law.
  5. Sending a Request to Towbook. All requests should be sent certified mail to:

    Towbook
    Attn:Data request
    201 North Riverside Avenue
    Suite E6
    St. Clair, MI 48079

    with an email copy to support@towbook.com

    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 CERTIFIED MAIL/RETURN RECEIPT. 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. IN ADDITION, PLEASE ANTICIPATE REASONABLE AMOUNTS OF TIME BETWEEN THE REQUEST AND THE PROVISION OF DATA AS ALL REQUESTS MUST GO THROUGH AND BE VETTED BY OUR LEGAL DEPARTMENT.

  6. Fees. Towbook 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.

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