Odeumate is committed to the importance of trust and transparency pertaining to how we use and disclose our customers' data. Except as expressly permitted by a customer contract, Odeumate will only disclose customer data: (a) pursuant to a valid legal request, or (b) in the case of an emergency where there is a danger of death or serious physical injury to a person that Odeumate may have information necessary to prevent.
This page is solely intended for use by law enforcement or official representatives of government agencies ("Government Agencies"). It is not intended for requests by Odeumate customers, end users, civil litigants or criminal defendants.
Legal Request Requirements
Unless expressly permitted by a customer contract, Odeumate will only disclose customer data to Government Agencies pursuant to valid legal process under applicable law. Odeumate is a British Columbia, Canada company, and disclosure of personal information is governed by Canadian law, including the British Columbia Personal Information Protection Act and PIPEDA. Canadian agencies must provide valid legal process issued under the Criminal Code or other applicable federal or provincial law, such as a production order (Criminal Code sections 487.014 to 487.018), search warrant, subpoena, or other order of a court of competent jurisdiction. United States and other foreign agencies should proceed under the Mutual Legal Assistance in Criminal Matters Act (Canada), an applicable Mutual Legal Assistance Treaty (MLAT), or letters rogatory processes; Odeumate may also, in its discretion, respond to foreign legal process where disclosure is permitted under Canadian law, or require Canadian legal process before disclosing any data.
To be processed, a legal request must:
- be sent by a law enforcement agency or official government entity via a registered email domain;
- include valid and enforceable legal process (e.g., subpoena, court order, or search warrant);
- contain the name and contact information of the authorized agent or representative;
- state with particularity the categories of records or information sought;
- include sufficient information to identify the customer account(s) at issue; and
- indicate the specific time period for which information is requested.
Emergency or Child Safety Concerns
Odeumate may disclose information in the case of an emergency involving danger of death or serious physical injury, as permitted under applicable Canadian privacy law (including section 18 of the British Columbia Personal Information Protection Act and subsection 7(3) of PIPEDA). Requests will be evaluated on a case-by-case basis in compliance with relevant law.
Emergency disclosure requests must:
- be sent by a law enforcement agency or official government entity via a registered email domain;
- contain the name and contact information of the requesting agent;
- include the circumstances of the request and the nature of the claimed emergency;
- explain why there is insufficient time to obtain a valid legal demand;
- state with particularity the categories of records or information sought;
- explain how the information will assist in averting the emergency;
- include sufficient information to identify the customer account(s); and
- indicate the specific time period for which information is requested.
Preservation Requests
Odeumate does not guarantee the existence or retention of particular customer data. However, Odeumate will honour preservation demands and preservation orders issued under sections 487.012 and 487.013 of the Criminal Code for the periods those provisions specify (generally 21 days for a demand relating to a domestic investigation, 90 days for a demand relating to a foreign investigation, and 90 days for a court-issued preservation order). For other valid preservation requests, Odeumate will preserve the requested information for up to 90 days, extendable for one additional 90-day period with a valid extension request.
Customer Notice
Unless prohibited by law or there is a clear indication of illegal conduct or risk of harm, Odeumate will notify its customer before disclosing any data to a Government Agency. This gives the customer the opportunity to (a) process the request itself, and (b) seek legal remedies. If legally prohibited from pre-disclosure notification, Odeumate will take reasonable steps to notify the customer after the non-disclosure requirement expires.
Reimbursement
Odeumate may seek reimbursement for costs associated with responding to law enforcement data requests, particularly for burdensome or unique requests.
How to Submit a Request
All legal requests, including standard legal process, emergency requests, and preservation requests, must be submitted to our Privacy Officer:
- Email: privacy@odeumate.com
- Mail: Broken Leg Software Inc., Attn: Privacy Officer, PO Box 24, Rosedale, BC V0X 1X0, Canada
Requests that do not meet the requirements set out on this page will not be processed. Odeumate does not accept legal process via personal service on employees or via fax.