Civil Subpoena Policy
WasteTracking.com’s policy is that it does not release personally identifying information about our customers except in limited instances related to law, security, or safety, where required or permitted by law, or with a customer's express permission.
To request customer information from WasteTracking.com in a civil case, you must serve WasteTracking.com at the address listed below with a valid subpoena or court order and may, in some instances, be required to agree to compensate WasteTracking.com for WasteTracking.com's subpoena response services. Prior to responding, WasteTracking.com may require you to provide a copy of the complaint or other supporting documentation to demonstrate the materiality of the information requested.
In response to being served with a valid civil subpoena, it is WasteTracking.com's policy to notify the customer of the request for information that may be contained in WasteTracking’s records. In non-emergency situations, WasteTracking.com will generally respond to the subpoena after approximately fifteen (15) days, unless the customer presents WasteTracking.com with notice that it has filed a motion to quash the subpoena or sought similar protection from an appropriate court. WasteTracking.com reserves the right to object to the subpoena itself on any applicable grounds, or to comply without objecting if, after notice, a customer/consumer does not file an appropriate objection within ten (10) days of notice of the subpoena. If a subpoena seeks consumer information related to a customer, WasteTracking.com will also comply with California’s notice requirements for such a subpoena.
If you plan to seek information regarding a WasteTracking.com customer, please provide as much of the following as possible along with your subpoena: customer name, company name, account number, email address, mailing address, and telephone number. Please note that pursuant to its document retention policies WasteTracking.com does not retain information regarding its customers indefinitely, and such information may be purged from our records periodically.
Also pursuant to our document retention policies, WasteTracking.com does not typically retain information such as outgoing email, downloaded email, or Web/chat logs on our servers for more than a brief period. If an account has been deleted or is otherwise unavailable, WasteTracking.com may, to the extent possible, at the request of the account holder and subject to the payment of reasonable expenses, attempt to restore access to deactivated accounts to allow the person to collect and produce their content. However, we cannot restore account content deleted by the account holder.
Please be advised that the Electronic Communications Privacy Act, 18 U.S.C. 2701 et seq., prohibits an electronic communications service provider, such as WasteTracking.com, from producing the contents of an electronic communication, even pursuant to subpoena or court order, except in limited circumstances.
Send serve all subpoenas and court orders seeking customer information to:
Custodian of Records - Legal Department
521 Charcot Avenue, Suite 119
San Jose, CA 95131
Follow up requests may be submitted via facsimile at 1-408-713-6070 or via email to firstname.lastname@example.org.
Subpoenas for information other than customer information must be served in accordance with applicable law. WasteTracking.com's registered agent for service of process is on file with the California Secretary of State.
Where charges are permitted for its subpoena response services, WasteTracking.com charges $75.00 per hour for research, $0.25 per page for copies, and $22.00 per package to respond by overnight delivery. Additional charges may apply for requests involving voluminous information or other time or cost intensive requests. Invoices should be paid within 30 days of receipt, with checks made out to WasteTracking.com, Inc.
WasteTracking.com reserves the right to determine in its sole discretion the applicability of this policy to any particular request and this policy does not create any enforceable legal rights, either for WasteTracking.com customers or for requesting parties.