Effective: April 21, 2020
Like many technology companies, Flow receives requests from users and government agencies to disclose or delete data other than in the ordinary operation and provision of the Services. This Data Request Policy addresses those issues and outlines Flow’s policies and procedures for responding to such requests for User Content. Any capitalized terms used in this Data Request Policy that are not defined will have the meaning set forth in the . In the event of any inconsistency between the provisions of this Data Request Policy and the Terms of Service, the provisions of the Terms of Service will control.
Requests for Data by Individuals
Individuals who want access to User Content or want User Content to be removed should contact the User regarding such requests. The User owns the User Content and generally gets to decide what to do with all User Content put into the Flow Services. While Flow does defer to the User for most decisions regarding the removal of User Content, as described in the , Flow reserves the right to remove User Content that violates its policies or applicable law.
Requests for Customer Data by Legal Authority
All requests by courts, government agencies, or parties involved in litigation for User Content disclosures should be sent to firstname.lastname@example.org and include the following information: (a) the requesting party, (b) the relevant criminal or civil matter, and (c) a description of the specific User Content being requested, including the relevant User’s name. Requests should be prepared and served in accordance with applicable law. All requests should be narrow and focused on the specific User Content sought. All requests will be construed narrowly by Flow, so please do not submit unnecessarily broad requests.
Except as expressly permitted by the Terms or in cases of emergency to avoid death or physical harm to individuals, Flow will not disclose User Content, unless it is compelled by law to do so or is subject to a valid and binding order of a governmental or regulatory body. Flow will notify the User before disclosing any of the User’s User Content so that the User may seek protection from such disclosure, unless Flow is prohibited from doing so or there is a clear indication of illegal conduct or risk of harm to people or property associated with the use of such User Content. Flow 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.
Flow requires that any individual issuing legal process or legal information requests (e.g., discovery requests, warrants, or subpoenas) to Flow properly domesticate the process or request and serve Flow in a jurisdiction where it is resident or has a registered agent to accept service on its behalf. Flow does not accept legal process or requests directly from law enforcement entities outside Canada or the U.S.. Foreign law enforcement agencies should proceed through a Mutual Legal Assistance Treaty or other diplomatic or legal means to obtain data through a court where Flow is located.
What information do I need to provide in the court order?
Please provide enough information to uniquely identify the User or individual. Unique identifiers include an email address associated with the User Account.
A common name is not usually enough to identify an individual. Please do not provide us with an individual’s SSN/SIN, other government identification number, bank account number, or payment card number.
Will Flow Voluntarily Disclose Non-Public Information to a Requesting Party?
No. Flow will only disclose non-public information in response to an enforceable subpoena or court order from a court with jurisdiction to compel Flow to disclose said information.
Will Flow Notify Affected Users Before Disclosing Information?
Yes. We believe that any individual should be informed when we are required to produce their information in response to a legal request. We will notify the affected individual of the request so that they may pursue legal action and prevent disclosure. The only circumstances in which we will not provide this notice is if we are legally prohibited from doing so.
If you receive a notice that Flow has been compelled to produce your personal information, you may seek a protective order from a court. If you are able to provide us with such a protective order, we will object to the production demanded by the subpoena.
Does Flow Charge Anything to Respond to a Legal Request?
As a small team, we reserve the right to seek reimbursement for the costs associated with responding to legal requests (where permitted by law), especially in response to unusual or burdensome requests.