Last Updated: May 29, 2025
INTRODUCTION
Not unlike other technology companies, HomeTree Digital receives requests from users and government agencies to disclose or delete data other than in the ordinary operation and provision of the Services. This Data Request Policy addresses those issues and outlines HomeTree Digital’s policies and procedures for responding to such 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, the provisions of the Customer Terms of Service will control.
REQUESTS FOR CUSTOMER DATA BY INDIVIDUALS
Individuals who want access to Customer Data or want Customer Data to be removed should contact Customer regarding such requests. Customer owns the Customer Data and generally gets to decide what to do with all Customer Data put into the AVA services. While HomeTree Digital does defer to Customer for most decisions regarding the removal of Customer Data, as described in the Customer Terms of Service, HomeTree Digital reserves the right to remove Customer Data that violates its policies or applicable law. For example, HomeTree Digital may remove logos used in misinformation or disinformation campaigns. It may also remove images involving sexual exploitation of children and report such images to the National Center for Missing and Exploited Children.
REQUESTS FOR CUSTOMER DATA BY LEGAL AUTORITY
All requests by courts, government agencies, or parties involved in litigation for Customer Data disclosures should be sent to legal@hometreedigital.com and include the following information: (a) the requesting party, (b) the relevant criminal or civil matter, and (c) a description of the specific Customer Data being requested, including the relevant Customer’s name and relevant User’s name (if applicable). Requests should be prepared and served in accordance with applicable law. All requests should be narrow and focused on the specific Customer Data sought. All requests will be construed narrowly by HomeTree Digital, so please do not submit unnecessarily broad requests.
Except as expressly permitted by the Contract or in cases of emergency to avoid death or physical harm to individuals, HomeTree Digital will not disclose Customer Data, unless it is compelled by law to do so or is subject to a valid and binding order of a governmental or regulatory body. HomeTree Digital will notify Customer before disclosing any of Customer’s Data so that the Customer may seek protection from such disclosure, unless HomeTree Digital is prohibited from doing so or there is a clear indication of illegal conduct or risk of harm to people or property associated with the use of such Customer Data. If legally permitted, Customer will be responsible for any costs arising from HomeTree Digital’s response to such requests.
HomeTree Digital requires that any individual issuing legal process or legal information requests (e.g., discovery requests, warrants, or subpoenas) to HomeTree Digital properly domesticate the process or request and serve HomeTree Digital in a jurisdiction where it is resident or has a registered agent to accept service on its behalf. Requests from foreign law enforcement agencies must be submitted through appropriate legal and diplomatic channels, such as a Mutual Legal Assistance Treaty (MLAT) or other applicable international legal process, and must be approved by a U.S. court with jurisdiction over HomeTree Digital.