Government Information Requests
Asurion respects our Users’ privacy and will not disclose their information to governmental entities unless one of the following conditions is met: we are legally compelled to do so, the disclosure is to the National Center for Missing and Exploited Children in connection with a report submitted thereto, the disclosure is to a Governmental Entity and we believe in good faith that an emergency involving death or serious physical injury to any person requires disclosure without delay, or the disclosure is necessary for Asurion to render service or to protect the rights or property of Asurion. Users will be notified of any requests for their information prior to disclosure unless: prohibited by legal process, Asurion is requested not to notify the user by the Governmental Entity, notification to the User would adversely impact Asurion or its assets, it is in an emergency situation, or when notice would lead to an adverse result as defined in 18 U.S.C. § 2705. Governmental entities who believe that notification would jeopardize an investigation are requested to obtain an appropriate court order or other appropriate process prohibiting notice to Users.
For purposes of this Procedure, a Governmental Entity is a department or agency of the United States or any State or political subdivision thereof. These requests should be made via the appropriate service of process on Asurion. Emergency requests should also be sent to firstname.lastname@example.org. This Procedure is not applicable to subpoenas issued in the ordinary course of business such as requests relating to criminal defendants, civil litigants, or any other non-governmental requests.
Note: In order to respond to a subpoena or other court ordered request for documents, the requester must follow all required procedures for issuance and service of the subpoena. Simply e-mailing a request to email@example.com will not constitute proper issuance and service of process.
Information Collected by Asurion
Process To Request Information
Asurion requires appropriate, properly issued and served legal requests prior to disclosing User information unless a recognized exception to the requirement for properly served legal requests exists. Currently recognized exceptions to the requirement for legal process include:
- Disclosure with the lawful consent of the person.
- Disclosure to the National Center for Missing and Exploited Children in connection with a report thereto.
- Disclosure to a governmental entity if we believe in good faith that an emergency involving death or serious physical injury to any person requires disclosure without delay.
- As may be necessary for the protection of the rights or property of Asurion.
If you believe a request falls within one of these stated exceptions, include the notation “Applicable Exception Request” in the email header to firstname.lastname@example.org. If it does fall into one of the recognized exceptions, we will process the request on an expedited basis.
The type of process required by Asurion includes:
|Content||Required Legal Process|
|Basic user records to include: name, address, phone connection records or session times and duration||Warrant, court order, formal written request related to an investigation of telemarketing fraud, administrative subpoena, or grand jury/trial subpoena|
|Additional user records or transactional information pertaining to an account, not including the information discussed above||Warrant, court order, formal written request related to an investigation of telemarketing fraud|
|Contents of wire or electronic communications stored for less than 180 days||Warrant|
|Contents of wire or electronic communications stored more than 180 days without notice to the User||Warrant|
|Contents of wire or electronic communications stored more than 180 days with notice to the User||Court order, administrative subpoena, or grand jury/trial subpoena|
All requests must be presented on official government/law enforcement letterhead and include ALL of the information below. Failure to include ALL of this information may cause delay in processing the request.
- Name of the issuing authority;
- Badge/ID of the responsible agent;
- Contact email address from a governmental entity domain;
- Direct contact telephone number;
- The email address used by the user to create the Asurion account (Asurion does not verify the identity of any user and cannot process requests based on a user’s given name or phone number); and
- The specific user information requested (Asurion will be unable to process overly broad or vague requests).
Notification to other Parties
Where an information request is impacted by contractual obligations with a third party requiring notice and/or consent prior to or following disclosure, the Asurion Legal Department will work with the appropriate parties to provide notice where not otherwise prohibited by law.
Process to Request Preservation of Information
Governmental entities may request Asurion to preserve information for 90 days pending obtaining a court order or other process. This request may be extended for an additional 90 days. Specificity as to the information to be preserved is required. Preservation requests sent to Asurion must be signed and include all the information outlined in “Process to Request Information” section above.
Contact Information for Service of Process
Attn: Legal Department
Asurion Legal Department
648 Grassmere Park, Nashville, TN 37211
Note: In order to respond to a subpoena or other court ordered request for documents, the requester must follow all required procedures for issuance and service of the subpoena. Simply mailing a request to this address will not always constitute proper issuance and service of process.
Reimbursement for Costs
Asurion may seek reimbursement for reasonable costs associated with responding to Governmental Entity requests for User information, and may charge additional fees for costs incurred in responding to unusual or burdensome requests.