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It is Khoros’s policy to notify our customers of all requests for their information and provide them with an opportunity to object to the disclosure when we respond unless we are explicitly prohibited from doing so by law.
GUIDELINES FOR SUBMITTING LAW ENFORCEMENT REQUESTS
HOW TO SERVE A LAW ENFORCEMENT REQUEST:
The Khoros Legal Department is the only Khoros department that can respond to law enforcement requests. All such requests should be sent via email to firstname.lastname@example.org.
If the requesting agency is required to submit a request in person or via mail, Khoros’s address is:
7300 Ranch Road 2222
Building 3, Ste 150
Austin, TX 78730
Attn: VP, Legal
Please also email email@example.com to alert us to the incoming request.
REQUIREMENTS FOR SUBMITTING A LAW ENFORCEMENT REQUEST:
Khoros will process a law enforcement request if it meets the following criteria:
If the requesting agency does not want us to notify a customer of a law enforcement request for their information, the request should include a court order or reference to other legal authority that explicitly prohibits Khoros from disclosing the existence of the request to our customer.
REQUESTS FOR PRESERVATION OF CUSTOMER INFORMATION:
Upon receipt of a valid law enforcement preservation request, Khoros will preserve customer information for 90 days upon receipt. If the preservation request is not validly extended by the end of the 90-day period, Khoros may delete the customer information when the preservation period expires.
EMERGENCY REQUEST REQUIREMENTS:
If a law enforcement agency or official government entity submits a request for the disclosure of customer information in relation to a matter involving imminent harm to a child or risk of death or serious physical injury to any person, Khoros may provide such information necessary to prevent the harm, consistent with applicable law.
INTERNATIONAL LAW ENFORCEMENT REQUEST REQUIREMENTS:
INTERNATIONAL CUSTOMER POLICY FOR LAW ENFORCEMENT REQUESTS:
In providing Services to our customers, Khoros may process the Personal Data (as defined by the GDPR or other applicable data privacy law) of EEA, Australian, or other international individuals in jurisdictions outside of where that individual is located, including the United States. Any such Personal Data that is transmitted to the United States by Khoros is encrypted in transmission and at rest.
If at any time Khoros becomes aware of a binding request by local authorities or direct access of a customer’s Personal Data by public authorities, Khoros will notify that customer and, where possible, the data subject of such binding request or access. Khoros will record and preserve all information relating to such a request for the duration of the contract with the impacted customer.
If Khoros receives a law enforcement request for the disclosure of customer data that includes the Personal Data of an international individual(s), Khoros will inform the requesting agency that we process Personal Data on our customer’s behalf. Unless otherwise prohibited from doing so by law, we will notify our customer of the request and will coordinate with our customer prior to producing any information to the requesting agency.
Khoros will also review the law enforcement request for legality. If Khoros deems a law enforcement request as unlawful, we will challenge the request and will also seek interim measures with the objective of suspending the request. We will also pursue all possibilities of appeal.
If Khoros does not deem the law enforcement request to be unlawful, we will take the following steps:
In all instances, Khoros will provide regular updates to the impacted customer on any law enforcement request that we have received. We will also document the details related to any law enforcement request received (including the legal reasoning provided and the actors involved), our legal assessment of the legality of the law enforcement request, and any challenges that we make to it. And, to the extent permissible, we will make this documentation available to such customer upon request. We will also publish transparency reports summarizing government requests for information to our customers.