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Data Request Policy

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

2. Types of Requests. Appellate receives the following types of requests concerning Client data:

a. 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), Appellate 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:

  • Subpoenas

  • Court Orders

  • Search Warrants

  • Legal process received from outside the United States may require a Mutual Legal Assistance Treaty (MLAT) with the United States

  • 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 Appellate, 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 Appellate, you must make a data request as provided above.

b. Preservation Requests. A preservation request asks Appellate to preserve Client account records in connection with official criminal investigations or other official legal proceedings. Preservation requests must include the following information:

  • Identification of the account(s) at issue (as further described in Section IV below);

  • Identification of the investigating agency and/or specific pending official proceedings (requests must be signed on law enforcement letterhead);

  • Assurances that the requesting agency or individual is taking steps to obtain appropriate legal process for access to the data that Appellate is being asked to retain; and

  • A valid return email address and phone number.
     

c. 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 Appellate Clients. Appellate's policy is to notify its Clients of requests for their data unless Appellate is prohibited from doing so by statute or court order. The person who is the account owner (person who signed up for Appellate) or person paying the monthly fee for Appellate 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:

  • Name of the business

  • First and last name of the Client

  • Specific relevant Client data being sought and specific, reasonable period of time

  • Basis for the proceeding/action in which the Client data is being sought and how such data is relevant to that proceeding/action.
     

Appellate may not be able to respond to a request without this information. Additionally, Appellate 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. Appellate also reserves the right to charge a reasonable fee, as permitted by applicable law.

5. Sending a Request to Appellate. All requests should be sent certified mail to:


Appellate Technologies
Attn: Data Request
6751 Columbia Gateway Dr, STE #300 Columbia, MD 21046

with an email copy to sales@appellatetech.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. Appellate 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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