This Data Request Policy outlines how Agility Medical Billing & Solutions LLC (d/b/a Agility Digital) (“Agility”), a Common Wealth of Virginia Limited Liability Company, handles requests for information or documents relating to customer accounts in connection with official criminal investigations or other official legal proceedings.

Privacy Policy

Please see Agility’s Privacy Policy for further information on what type of information Agility collects, how it is used and when it may be disclosed. Subject to Agility’s Privacy Policy, this Data Request Policy describes the types of requests for data that Agility may receive and how Agility may respond to such requests.

Data Requests

Except in limited emergency situations (see below), Agility requires data requests to be made through formal U.S. legal process and procedures, and will respond to such requests as required by law.

Examples of data requests include:

1. Subpoenas
2. Court Orders
   1. Search Warrants
   2. Legal process received from outside the United States may require a Mutual Legal Assistance Treaty (MLAT) with the United States
   3. Other forms of legal process such as Civil Investigative Demands
3. Preservation Requests

A preservation request asks Agility to preserve customer account records in connection with official criminal investigations or other official legal proceedings. Preservation requests must include the following information:

1. Identification of the account(s) at issue;
2. Identification of the investigating agency and/or specific pending official proceedings (requests must be signed on law enforcement letterhead);
3. Assurances that the requesting agency or individual is taking steps to obtain appropriate legal process for access to the data that Agility is being asked to retain; and
4. A valid return email address and phone number.
5. Emergency Requests

An emergency request is only appropriate in cases involving imminent serious bodily harm or death. We respond to emergency requests when we believe in good faith that such harm may occur if we do not respond without delay.

Notice to Agility Customers

Agility’s policy is to notify its customers of requests for their data unless Agility is prohibited from doing so by statute or court order.

Information to Include in a Request

The following information must be included in a request for customer data:

1. First and last name of the customer and email address associated with the account; and
2. Domain name and/or IP address associated with the account.

Agility may not be able to respond to a request without this information.

Additionally, Agility reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to the pending litigation and the underlying subpoena.

Sending a Request to Agility

Please use the following contact information to send a Request to Agility:

Agility Medical Billing & Solutions LLC

Attn: Legal Department

44330 Mercure Circle
Suite 403
Sterling, VA 20166

E-mail: [email protected]

IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER MAIL TO ENSURE WE RECEIVE YOUR REQUEST.

Fees

Agility may seek reimbursement for costs in responding to requests as provided by law and may charge additional fees for costs in responding to unusual or burdensome requests.

Available Information

Depending on the type of formal legal process provided, Agility may be able to respond with one or more of the following types of data:

1. Non-Content: Agility will produce non-content information such as basic subscriber information which may include the following subject to a valid request:

• Name
• Email addresses
• Date and time of account creation
• Billing information
• IP Logs

Content

Agility will only produce customer content (such as website files and email content) pursuant to a valid search warrant from an entity with proper jurisdiction.