Data Request Policy
Types of Requests. HyperMart receives the following types of requests concerning Subscriber data:
Data Requests. A data request is a request for information or documents relating to Subscriber accounts in connection with official criminal investigations or other official legal proceedings. Except in limited emergency situations (see below), HyperMart 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:
- 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
Preservation Requests. A preservation request asks HyperMart to preserve Subscriber 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 4 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 HyperMart is being asked to retain; and
- A valid return email address and phone number.
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.
Notice to HyperMart Subscribers. HyperMart's policy is to notify its Subscribers of requests for their data unless HyperMart is prohibited from doing so by statute or court order.
Information to Include in a Request. The following information must be included in a request for Subscriber data:
- First and last name of the customer and email address associated with the account; and
- Domain name and/or IP address associated with the account.
HyperMart may not be able to respond to a request without this information.
Additionally, HyperMart 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.
Sending a Request to HyperMart. HyperMart is located in Burlington, Massachusetts and all Requests should be sent to that location or mailed or faxed to:
10 Corporate Dr.
Burlington, MA 01803
Phone: (602) 716-5396 (M-F 7am - 3:30pm MST)
Fax: (781) 998-8277
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 PAPER AND/OR FAX (FAX # 781-998-8277). 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.
Fees. HyperMart 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.
Available Information. Depending on the type of formal legal process provided, HyperMart may be able to respond with one or more of the following types of data:
Non-Content. HyperMart will produce non-content information such as basic Subscriber information which may include the following subject to a valid request:
- Email addresses
- Date and time of account creation
- Billing information
- IP Logs
Content. HyperMart will only produce Subscriber content (such as website files and email content) pursuant to a valid search warrant from an entity with proper jurisdiction.
This file was last modified on July 23, 2018.