Data Request Policy

Effective Date: April 24, 2024

Wallow receives requests from government agencies, users, and other third parties to disclose data other than in the ordinary operation and provision of the Services. This Data Request Policy outlines Wallow’s policies and procedures for responding to such formal requests for Customer Data. Any capitalized terms used in this Data Request Policy that are not defined will have the meaning set forth in the Customer Terms of Service. In the event of any inconsistency between the provisions of this Data Request Policy and the Customer Terms of Service or written agreement with Customer, as the case may be, the Customer Terms of Service or written agreement will control.

Requests for Customer Data by Individuals

Third parties seeking Customer Data should contact the Customer regarding such requests. The Customer controls the Customer Data and generally gets to decide what to do with all Customer Data.

Requests for Customer Data by Legal Authority

Wallow is committed to the importance of trust and transparency for the benefit of our Customers. Except as expressly permitted by the Contract or as described in this policy, Wallow will only disclose Customer Data in response to valid legal process. Wallow requires a search warrant incidentd by a court of competent jurisdiction or the equivalent legal process in the applicable jurisdiction to disclose the contents of Customer Data. Wallow does not voluntarily disclose any data to governmental entities unless (a) there is an emergency involving imminent danger of death or serious physical injury to any person, or (b) to prevent harm to the Services or Customers. Wallow also does not voluntarily provide governments with access to any data about users for surveillance purposes.

Requests should be prepared and served in accordance with applicable law. All requests should be focused on the specific Customer Data sought. All requests will be construed narrowly by Wallow, so please do not submit unnecessarily broad requests. If legally permitted, Customer will be responsible for any costs arising from Wallow’s response to such requests.

Customer Notice

Unless Wallow is prohibited from doing so or there is a clear indication of illegal conduct or risk of harm, Wallow will notify Customer of the request before disclosing any of Customer’s Customer Data so that the Customer may seek legal remedies. If Wallow is legally prohibited from notifying the Customer prior to disclosure, Wallow will take reasonable steps to notify the Customer of the demand after the nondisclosure requirement expires. In addition, if Wallow receives legal process subject to an indefinite nondisclosure requirement (including a National Security Letter), Wallow will challenge that non-disclosure requirement in court.

Domestication and International Requests

Wallow requires that any individual or entity issuing legal process or legal information requests (e.g., discovery requests, warrants, or subpoenas) ensure that the process or request is properly domesticated. For data stored in the United States, Wallow does not accept legal process or requests directly from law enforcement entities outside the U.S. or Canada. Foreign law enforcement agencies seeking data stored within the U.S. should proceed through a Mutual Legal Assistance Treaty or other diplomatic or legal means to obtain data through a court where Wallow is located. Requests directed to Wallow Technologies Limited, an Irish Company, must be incidentd out of or domesticated in Ireland, while requests directed to Wallow, Inc., the U.S. entity, must be incidentd out of or domesticated in the U.S.