Effective 1 April 2015
These operational guidelines are a reference for law enforcement officials seeking customer records from Astute Payroll.
These guidelines are created as a courtesy and do not create obligations concerning how Astute Payroll will respond in any particular case.
Astute Payroll’s policy on responding to law enforcement requests
Astute Payroll respects the rules and laws of the jurisdiction in which it operates as well as the privacy and rights of its customers. Consequently, Astute Payroll provides customer information in response to law enforcement requests only when we believe that we are legally required to do so.
Consequently, to obtain non-public customer information, law enforcement officials must provide the appropriate legal documents required for the type of information being sought, such as a subpoena, court order, or a warrant. To protect our customers’ rights, we scrutinize all requests to ensure that they comply with the law.
Astute Payroll will not provide customer content without a search warrant (or an equivalent legal obligation supported by probable cause) that requires that the content be disclosed.
What Astute Payroll customer information may be available in response to a lawful request?
The following information may be available in response to an enforceable government request:
- Customer information supplied by the customer at time of becoming a customer including but not limited to name, phone number, portal identifier, user name/s, company, position, and location.
- IP addresses associated with log-ins to a specific customer instance or user account.
- URLs accessed and time/date of that access.
- Billing contact information (name and billing address) but only if the user is a paying customer; we do not have billing contact information for users of our free accounts.
Will Astute Payroll preserve customer information?
Yes. Astute Payroll will preserve customer information for 90-days upon a valid request if we are physically able to do so. Astute Payroll will preserve information for an additional 90-day period upon receipt of a valid request to extend the preservation, again if we are physically able to do so. If Astute Payroll does not receive formal legal process for the preserved information before the end of the preservation period, the preserved information may be deleted when the preservation period expires.
Preservation requests must be sent on official law enforcement letterhead, signed, and must include:
- The relevant account information identified below (“What Astute Payroll customer information must I include in my request?”) for the customer whose information is requested to be preserved
- A valid return email address
- A statement that steps are being taken to obtain a court order or other legal process for the data sought to be preserved
Preservation requests may be sent via the service methods described below (“How do I serve a data request on Astute Payroll?”).
How do I serve a data request on Astute Payroll?
A preservation request or request for data may be sent via email, certified mail or express courier, to:
GPO Box 5090
Melbourne VIC 3001,
or delivered in-person to our headquarters:
Level 4/325 Flinders Lane
Melbourne VIC 3000
Requests seeking testimony must be served on our registered agent for service of process. We do not accept those requests in person or via email.
While we agree to accept service of law enforcement requests by these methods, neither Astute Payroll nor our customers waive any legal rights based on this accommodation.
Each request must include contact information about the authorised law enforcement agency official submitting the request, including:
- Requesting agency or department name
- Requesting agent name and identification number
- Requesting agent employer-issued email address
- Requesting agent phone contact
- Requesting agent mailing address
- Requested response date (see details below for emergency requests)
Will Astute Payroll notify customers of requests for account data?
Yes. Astute Payroll’s policy is to notify customers of requests for their data unless it is prohibited from doing so by statute or court order. Law enforcement officials who believe that notification would jeopardise an investigation should obtain an appropriate court order or other process that specifically prohibits customer notification.
Astute Payroll reserves the right to seek reimbursement for the costs associated with responding to law enforcement data requests, where appropriate.
What should I do if I have an emergency request for data?
Astute Payroll evaluates emergency requests on a case-by-case basis. If we receive information that gives us a good faith belief that there is an emergency involving imminent harm to a child or the risk of death or serious physical injury to a person, we may provide information necessary to prevent that harm if we are in a position to do so.
You may submit an emergency request via email to email@example.com with the subject line : Emergency Disclosure Request.
Please include all of the following information:
- Identify the person who is in danger of death or serious physical injury, or the child who is at risk of imminent harm;
- The nature of the emergency;
- The relevant account information identified above (“What Astute Payroll customer information must I include in my request?”) for the customer whose information is necessary to prevent an emergency;
- The specific information requested and why that information is necessary to prevent the emergency; and
- All other available details or context regarding the particular circumstances.