Civil Subpoena Policy

DentalPlans.com, Inc., its subsidiaries and corporate affiliates (collectively, “our,” “us” or “we”) operate websites, provide products and services through mobile and other applications, and develop software that are governed, as applicable, by our terms of use (our “TOU”). Certain terms used in this document have the meanings set forth in our TOU. This civil subpoena policy (this “Policy”) applies to our sites and services and are incorporated into our TOU. If there is any conflict between this Policy and our TOU, this Policy will control. By using our sites and services, you are a “user” and you accept and agree to our TOU and this Policy as a legal contract between you and us.

1. General: We hold user information in accordance with our Privacy Policy and TOU.  Non-public information about our users is not released except as lawfully required by appropriate legal process, such as subpoena, court order, or other valid legal process.
2. Emergency Requests: We evaluate emergency disclosure requests on a case-by-case basis.  If we receive information that gives us a good faith belief that there is an emergency involving the imminent death or serious physical injury to a person, we may provide information necessary to prevent that harm, if we have it. You may make an emergency disclosure request by email to [email protected] with the subject “Emergency Request for Disclosure,” including the following information: Your name, address, cell phone number, email address, and a detailed explanation of the circumstances that demonstrate the possibility of imminent death or serious physical injury occurring.
3. Service of Subpoenas: If you seek the identity or account information of a user in connection with a civil (as opposed to criminal) legal matter, you must serve us with a subpoena at the address below and agree to compensate us for our subpoena response services according to the terms of this Policy: DentalPlans.com, Inc., 909 N. Sepulveda Blvd., 11th Floor, El Segundo, CA 90245; Attn: Legal Department – Subpoena Processing. We are headquartered in El Segundo, California and will only respond to legal process in compliance with California State and United States Federal law. We only accept legal process delivered by a process server, US certified mail or overnight courier.  We do not accept legal process via fax or e-mail.  Acceptance of legal process by these means is for convenience only and does not waive any objections, including lack of jurisdiction or proper service.
4. Notice to Users; Response Time; User Objections:  Upon receipt of a valid civil subpoena, we will promptly notify the user whose information is sought via email.  If circumstances do not amount to an emergency, we will not immediately produce the user information sought by the subpoena and will provide the user an opportunity to move to quash the subpoena in court. Users should consult with an attorney should they object to the disclosure of their information. We will disclose the information requested by the subpoena or legal request unless we receive a copy of a request for court order that we not do so no later than noon on the day that is two days before our compliance with the request is due.
5. Fees for Subpoena Compliance:  We will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within ten (10) business days from the date of receipt of our invoice. Our subpoena compliance costs are as follows: Research: $75/hour – paralegal administration; $125 hour for database administrators Federal Express: $20 Copies: $0.25 per page We also reserve the right to request a copy of the complaint and any supporting documentation to indicate how our records are related to the pending litigation which underlies a subpoena or other legal process.

Last updated: October 30, 2017.