Law Enforcement Policy

Namely restricts the disclosure of its records to law enforcement agencies except as strictly in compliance with applicable U.S. law, including the federal Stored Communications Act of 1986 (“SCA”), 18 U.S.C. Sections 2701-2712. Accordingly, Namely shall not provide a government agency or law enforcement agency with client account records, including Client Data and Personal Information as detailed in Namely’s privacy policy (available at: namely.com/privacy), except where Namely has properly received, for the corresponding record information:

  • A valid subpoena issued in connection with an official criminal investigation and where required to compel the disclosure of account record (as defined in 18 U.S.C. Section 2703(c)(2)), and including Personal Information, which may including: name, length of account record, payment information, email address, login information, and IP address, where available;
  • A court order issued pursuant to 18 U.S.C. Section 2703(d) to compel the disclosure of account records or other account-related information, which shall not include the contents of any communication, but which may include message headers and IP addresses;
  • A search warrant issued under the procedures as provided in the Federal Rules of Criminal Procedure or equivalent state warrant procedures upon a demonstrated showing of probable cause in order to compel Namely to disclose the stored contents of any account records, which may include messages, photos, and location information;
  • A national security letter (“NSL”) to compel the disclosure of an account name and length of account. Note: Namely construes the NSL security letter provision to require ONLY the production of these two data elements and not to include any address or location information.

International Legal Process Requirements
Namely will only disclose account information to government authorities outside of the United States pursuant to properly described Mutual Legal Assistance Treaty (“MLAT”) and under certain circumstances pursuant to letters rogatory.