Data Disclosure Policy

This Data Disclosure Policy (“Disclosure Policy”) governs how FlatPeak will respond to disclosure requests and accompanies the FlatPeak Terms of Service (the “Agreement”) entered into between you, the Customer and FlatPeak. Capitalized terms used in this Disclosure Policy that are not defined herein have the meanings given to them in the Agreement.

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General

The security and privacy of our customers is extremely important to us. Disclosure of certain information can be made only where certain requirements are met. Therefore, we inform you on how we deal with disclosure requests.

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Submitting Disclosure Requests

FlatPeak will only respond to disclosure requests to the extent it is legally obliged to do so. The disclosure request shall (i) be sent from a government or law enforcement agency, (ii) be issued where FlatPeak is subject to the jurisdiction thereof, (iii) have an enforceable subpoena, search warrant, court order or similar official instrument compelling us to disclose the information requested, and (iv) state the categories of records sought and the specific time period.

Our policies and contractual terms compel us to notify our customers of disclosure requests unless this is explicitly forbidden by law. Therefore, if authorities do not want us to notify our customers, they shall make explicit reference to the legal grounds that would prevent us from doing so.

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International Disclosure Requests Requirements

FlatPeak discloses customer information solely in accordance with its terms of service, privacy policy, and applicable laws. A Mutual Legal Assistance Treaty request or a letter rogatory may be required to compel FlatPeak to disclose its customers’ information.

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Making Disclosure Requests

A disclosure request shall be made by sending an email to disclosure@flatpeak.com.

The disclosure requests must:

1. be in writing (submitted via a registered email domain);
2. be sent by an official government representative or law enforcement agency;
3. be issued based on a legitimate belief that there is a danger of death or serious physical injury to a person that FlatPeak may have relevant information on;
4. include the nature of the emergency;
5. explain how the information sought will help avert the threatened death or serious physical injury and why normal disclosure processes would be insufficient;
6. contain the name and contact information of the individual law enforcement or authorized government agent serving the disclosure request;
7. state with particularity the categories of records or information sought;
8. provide sufficient information regarding the Customer account in order for FlatPeak to identify the Customer account at issue; and
9. indicate the specific time period for which the Customer information is requested.

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Response times

FlatPeak usually responds to valid disclosure requests within ten (10) business days. However, response time may take longer depending on the complexity and scope of the disclosure request.

If you require an expedited response, the required response deadline should be stated clearly in both the submission documentation and the formal disclosure request itself.