DATA REQUEST POLICY

Last Modified: September 20, 2022

  1. Privacy Notice. Please see Arvixe’s Privacy Notice for further information on what information Arvixe collects, how it is used and when it may be disclosed. Subject to Arvixe’s Privacy Notice, this Data Request Policy describes the types of data requests that Arvixe may receive and how Arvixe may respond to such requests.

  2. Types of Requests. Arvixe may receive the following types of requests concerning its Subscribers:

    1. Data Requests. A data request is a request for information or documents relating to Subscriber accounts in connection with official criminal investigations or other legal proceedings. Except in limited emergency situations (see below), Arvixe requires data requests to be made through formal U.S. legal process and procedures, and such requests will be handled in accordance with applicable law. Examples of acceptable 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
    2. Preservation Requests. A preservation request asks Arvixe to preserve Subscriber 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 6 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 Arvixe is being asked to preserve; 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.

  4. Disclosure of Non-Public Domain Registrant Information. As the sponsoring registrar or reseller of certain domain names governed by the Internet Corporation for Assigned Names and Numbers ("ICANN"), Arvixe must permit third parties with a legitimate interest to access masked (non-public) registrant information subject to the data subject's rights under the General Data Protection Regulation ("GDPR") or other similar privacy laws as applicable.

  5. Notice to Arvixe Subscribers. Arvixe’s policy is to notify its Subscribers of requests for their data unless Arvixe is prohibited from doing so by applicable law or court order.

  6. Information to Include in a Request. The following information must be included in a request for Subscriber data:
    1. First and last name of the Subscriber and email address associated with the account; and
    2. Domain name, username and/or IP address associated with the account.

    NOTE: A Request that only includes an IP address may be overly broad and insufficient for Arvixe to locate a Subscriber account. Please include additional identifiers such domain name or username whenever possible.

    Arvixe may not be able to respond to a request without this information.

    Additionally, Arvixe reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to any pending litigation, formal legal proceeding or investigation.


  7. Sending a Request to Arvixe. All data requests should be sent to:

    Arvixe
    Legal Department
    5335 Gate Pkwy
    2nd Floor
    Jacksonville, FL 32256

    Phone: (602) 716-5396 (M-F 7am - 3:30pm MST)
    Fax: (904) 659-8905
    Email: legal@arvixe.com

    IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM ARVIXE, PLEASE SUBMIT A DUPLICATE COPY VIA MAIL. DUE TO THE VAGARIES OF THE INTERNET AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING THE OCCASIONAL UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE WILL HELP ASSURE THAT YOUR NOTICE IS RECEIVED BY ARVIXE AND ACTED ON IN A TIMELY MANNER.


  8. Fees. Arvixe 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.

  9. Available Information. Subject to receiving a valid request, Arvixe may provide data as follows:
    1. Non-Content. Arvixe will produce non-content information such as basic Subscriber information which may include the following:
      1. Name
      2. Email addresses
      3. Date and time of account creation
      4. Billing information
      5. IP Logs
    2. Content. Arvixe will only produce Subscriber content (such as website files and email content) pursuant to a valid search warrant from an entity with proper jurisdiction.

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