Updated: October 1, 2022
Otter may receive requests from users and government agencies to disclose data other than in the ordinary operation and provision of the Services. This Data Request Policy outlines Otter’s policies and procedures for responding to such additional 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 Terms of Service. In the event of any inconsistency between the provisions of this Data Request Policy and the Terms of Service or written agreement with Customer, as the case may be, the Terms of Service or written agreement will control.
Third parties seeking access to User Content should contact the Customer regarding such requests. The Customer controls the User Content and generally gets to decide what to do with all User Content. The customer can use the share function in the Otter application to make data available to third parties.
Except as expressly permitted by the contract or in cases of emergency to avoid death or physical harm to individuals, Otter will only disclose User Content in response to valid and binding compulsory legal process. Otter requires a legal process, such as a subpoena, court order, or search warrant issued by a court of competent jurisdiction (a federal court or a court of general criminal jurisdiction of a State authorized by the law of that State) to disclose User Content. All requests by courts, government agencies, or parties involved in litigation for User Content disclosures should be sent to email@example.com 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 customers name, email address, and type of data sought.
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 Otter, so please do not submit unnecessarily broad requests – such as a request for all recording. If legally permitted, Customers will be responsible for any costs arising from Otter’s response to such requests.
Otter is committed to the importance of trust and transparency for the benefit of our Customers and does not voluntarily provide government or law enforcement agencies with access to any data about users for surveillance purposes.
Otter will notify Customer before disclosing any of Customer’s User Content so that the Customer may seek protection from such disclosure, unless Otter 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. If Otter is legally prohibited from notifying Customer prior to disclosure, Otter will take reasonable steps to notify Customer of the demand after the nondisclosure requirement expires. In addition, if Otter receives a National Security Letter with an indefinite non-disclosure requirement, Otter will initiate procedures for judicial review pursuant to 18 U.S.C. § 3511.
Otter requires that any individual issuing legal process or legal information requests (e.g., discovery requests, warrants, or subpoenas) to Otter properly domesticate the process or request and serve Otter in a jurisdiction where it is resident or has a registered agent to accept service on its behalf. Otter does not accept legal process or requests directly from law enforcement entities outside 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 Otter is located.
If you have any questions about this Policy, or our information practices, please contact us by email at firstname.lastname@example.org.