Last Modified: April 8, 2016
The operator of Date-Check.com (hereinafter “DATE CHECK”®) maintains operational policies prohibiting the disclosure of customer information without the customer’s express consent except as required to comply with a pending criminal investigation, a court order, search warrant, summons, discovery request, subpoena, or other legal process received by DATE CHECK. If you require information regarding a DATE -CHECK customer, or other data in our possession, you must transmit a proper request to our Legal Representative set forth below.
DATE CHECK will generally provide only such information as required or permitted by law. Pursuant to a variety of laws, such as the Electronic Communications Privacy Act, 18 U.S.C. § 2701 et seq., DATE CHECK is prohibited in certain jurisdictions from providing the contents of emails or other electronic communications except under very limited circumstances. Generally a subpoena is required, however for some information a court order or warrant is necessary. Please review applicable federal law before submitting requests for subscriber information.
Retention of Customer Data
DATE CHECK does not guarantee the existence, accuracy, or regularity of its storage or backup services. Due to data storage capacity concerns, all content contained on DATE CHECK and any archival copy of the same, are subject to deletion and destruction at any point. This material is permanently and irrevocably deleted and such files can thereafter no longer be recovered under any circumstances. In the event of receipt of a legal preservation request, DATE CHECK will undertake its best efforts to preserve the data identified in such request, to the extent required by law.
Service of Subpoenas and Other Legal Process
In an effort to cooperate with law enforcement and the judicial system, you may transmit your information requests via fax, certified mail, tracked commercial courier delivery, or personal delivery to the following:
Charles A. Cook, Esq.
Morrison Mahoney LLP
250 Summer Street Boston, MA 02210-1181
DATE CHECK reserves the right to require formal service of process in any given case. Nothing contained herein shall constitute a waiver of service of process or consent to jurisdiction by the courts outside of the State of Florida. Please do not send customer service requests, account cancellations, or unrelated documents to our Legal Representative.
Notification to Customers
DATE CHECK reserves the right, but does not undertake the obligation, to notify its customer prior to responding to a civil or administrative subpoena and to delay compliance for up to ten (10) calendar days, in order to allow its customer to move to quash the subpoena or obtain a protective order from a court of competent jurisdiction, excepting emergency circumstances or where otherwise required by law. Confidentiality is required by law when complying with criminal investigations and/or grand jury matters.
Costs of Compliance
DATE CHECK may condition compliance with civil or administrative subpoenas only upon payment of its expenses, as follows:
Research: $75.00/hour. Copies: $0.25/page. Media Storage Devices (e.g. – CD, DVD, portable drives, etc.): Actual cost. Mailing / Document Delivery: Actual cost. Other Costs: Rate determined as incurred.
DATE CHECK also reserves the right to charge an administration fee to the affected customer, the amount of which is within its sole discretion.
DATE CHECK reserves the right to request additional information from you, including without limitation, authenticated copies of court pleadings, in order to verify that the DATE CHECK customer information is relevant to the records requested in any civil or administrative matter.
Release of Customer Data in Other Circumstances
Notwithstanding the foregoing, DATE CHECK reserves the right to disclose customer information when, in its sole discretion, believes that it is reasonable to do so. Such circumstances include, but are not limited to the following:
Satisfy any legal obligation;
Investigate or deceptive activity;
Maintain the security of the website’s system(s), servers, datacenters, or properties;
Operate the website’s services properly; and
Protect ourselves, our customers, and the general public. DATE CHECK specifically reserves the right to disclose any and all necessary information to law enforcement in the event of ongoing criminal activity involving our system, illegal use of our system, and/or active child exploitation investigations.