DocuSign Policy: Response to User Data Requests
ACCESS TO ACCOUNT HOLDER’S RECORDS
Parties seeking data related to a DocuSign transaction or account should always attempt to obtain the relevant data directly from the account holder before approaching DocuSign. Account holders generally have access to the same transactional records that DocuSign may be able to produce in response to legal process. Only account holders and their recipients have access to the content of their documents that may be stored on the DocuSign system, as provided in the Terms and Conditions.
Legal process should be served on DocuSign’s registered agent Corporation Service Company, located at 300 Deschutes Way SW Suite 304, Tumwater, WA 98501. DocuSign may reject legal process that is not properly served. Acceptance of legal process at any of the DocuSign office addresses, or via fax or email, is for convenience and does not waive any objections, including lack of jurisdiction or proper service.
DocuSign has a policy of providing notice to its customers regarding legal process requesting information about their accounts. This policy applies both to requests made by governmental entities and to requests made pursuant to civil litigation between private parties. DocuSign will provide notice to its customer(s) of a request prior to disclosure, unless a legally binding non-disclosure order or other legal mechanism requires delaying or prohibits such notice or in exceptional circumstances, such as to prevent imminent physical harm or financial loss, report suspected illegal activity, or where notice would be counterproductive. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other appropriate process establishing that notice is prohibited.
DocuSign will search for data that is specified with particularity. Accounts must be identified by name and email address and/or a DocuSign issued identification number, such as an Account ID or Envelope ID in an appropriate form of legal process. DocuSign may produce basic customer account information and other transactional information if properly requested by legal process and if consistent with the SCA. DocuSign encrypts the contents of its customer’s documents that may be stored on its system and cannot provide a decrypted or plain text version. Access to any form of content requires either a search warrant or appropriate user consent.
DocuSign will comply with preservation requests by governmental entities pursuant to 18 U.S.C. § 2703(f) and take steps to preserve available account records for 90 days, which may be extended for an additional 90 days pursuant to a preservation extension request by the governmental entity.
DocuSign is a United States company and all of its U.S.-based data is stored inside the U.S. As such, DocuSign only responds to valid legal process issued by a U.S. governmental entity or court and properly served on it in the U.S. Parties to civil litigation or governmental entities outside the U.S. should appropriately domesticate requests through a U.S. court by working through the appropriate process for international cooperation, such as letters rogatory or a Mutual Legal Assistance Treaty. More information may be available by contacting the Office of International Affairs at the U.S. Department of Justice. DocuSign may disclose data pursuant to an emergency disclosure request when we believe that doing so is necessary to prevent death or serious physical harm to someone.
DocuSign does not provide expert testimony support. DocuSign records are self-authenticating pursuant to law and should not require the testimony of a records custodian. If a special form of certification is required, please attach it to your records request.
DocuSign may seek reimbursement for costs incurred responding to requests for information as provided by law and may also charge additional fees for costs incurred in responding to unusual or burdensome requests. DocuSign may waive these fees at its sole discretion.
Effective Date: May 5, 2015