TotalChoice Hosting: Subpoena & Data Preservation Request Policy

  1. Objective
    This policy outlines the procedures for responding to subpoenas and other formal legal requests for information received by TotalChoice Hosting, LLC (herein known as TCH). It aims to ensure that TCH handles such requests lawfully, efficiently, and securely while respecting the privacy and rights of its users.
  1. Scope
    This policy applies to all requests for information from law enforcement agencies and other legal entities directed to TCH. It covers all forms of data held by the company, including, but not limited to, user data, traffic data, and stored communications.
  1. Procedure for Receiving Requests
  • All subpoenas and legal requests must be formally sent to TCH’s designated legal department via certified mail. Requests sent through other channels, including email, will not be acknowledged or processed.
  • Subpoenas must be issued by a recognized legal authority and properly formatted as per the legal standards of the jurisdiction in which they are issued.
  1. Review and Compliance
  • Upon receipt, TCH will log and review each request to determine its validity and the scope of the requested data.
  • If a request is deemed overly broad or unsound legally, TCH reserves the right to seek clarification or challenge the subpoena in court.
  • Only information specifically outlined in the subpoena will be collected and provided. All responses will be confined strictly to what is legally required.
  1. User Notification
  • TCH is committed to transparency and respects the rights of its users. Subject to legal constraints, TCH will notify affected users about requests for their data. Notifications will be sent through MYTCH via a Help Desk Ticket, which will be directed to the account owner's attention. This method ensures that the user is informed in a secure and verifiable manner.
  • Notifications will only be withheld if there is a legal prohibition, such as a gag order, that explicitly prevents us from informing the user about the request. In all other cases, TCH believes in informing our users about legal actions that could affect their privacy and data security.
  1. Data Handling and Security
  • All data collected responding to a subpoena will be handled securely to prevent unauthorized access. Data will be transmitted to the requesting authority in a manner that ensures its integrity and confidentiality.
  • TCH will maintain a record of all information provided in response to subpoenas and other legal requests.
  1. Data Preservation Demands
  • TCH acknowledges that certain legal requests may include demands for the preservation of data pending the issuance of a formal subpoena or court order. In response to such demands, TCH commits to preserving identified data for up to 90 days, consistent with legal requirements. This period can be extended upon receipt of a formal extension request or a subsequent legal order.
  • Only the data specifically outlined in the preservation request will be secured. TCH will take reasonable steps to prevent the deletion or alteration of this data during the preservation period.
  • All preservation actions will be conducted confidentially to ensure the integrity of the data and that the preservation does not prematurely disclose any user activities or data.
  • TCH’s legal department will review each preservation request to ensure it complies with legal standards and TCH’s data privacy and protection policies.
  • Consistent with legal restrictions and our commitment to transparency, TCH will notify affected users of any data preservation actions taken on their accounts unless explicitly prohibited by law.
  1. Annual Review
  • This policy will be reviewed annually to ensure compliance with current legal standards and best practices. Amendments will be made as necessary to address changes in law or TCH's operational practices.
  1. Contact Information
    For all inquiries or to serve a subpoena ;
    Legal Review Department
    TotalChoice Hosting, LLC
    ATTENTION: LEGAL REVIEW TEAM
    24700 Northwestern Hwy, Suite 537
    Southfield, MI 48075