Requests for Information Policy

Requests for Information Policy

Künstlr aims to be transparent and mindful as we reimagine commerce to build a more fulfilling and lasting world. In that spirit of transparency, this policy explains how we respond to requests for records or information about members of Künstlr’s community.

This policy does not constitute legal advice or a promise that Künstlr will respond in a specific way or at all. Künstlr reserves the right to deviate from these practices at any time. This policy is a part of our Terms of Use. The Terms are a legally binding contract between you and Künstlr (actually, if you live in North America or South America, the contract is between you and Künstlr, Inc.; if you live elsewhere, the contract is between you and Künstlr Ireland UC, a subsidiary of Künstlr, Inc.; but we’ll just refer to Künstlr, Inc. and all of its subsidiaries collectively as “Künstlr”).

Künstlr Member Records and Information
Before you contact Künstlr for records or information, first see if the information you are seeking is publicly available or request the records directly from the relevant Künstlr member.

Some information about Künstlr and  users, and vendors (which we collectively refer to in this policy as “Künstlr Members”) and Künstlr and  Shops (which we collectively refer to as “Shops”), such as a Shop’s name, the public name of its owner, and the Shop’s policies, is public and can be viewed by anyone at any time. In addition, Künstlr members may have access to certain records by logging in to their accounts. For example, Künstlr vendors can access and download sales records in .csv format, and all members can view their Conversation history by navigating to the relevant pages in their Künstlr accounts.

For more information about the records Künstlr collects, please see our Privacy Policy.

Künstlr Requires Valid Legal Process
Except in emergency situations or when consistent with our Terms of Use, Privacy Policy, and applicable law, Künstlr requires valid and sufficient legal process (such as a subpoena or court order, for example) to compel us to disclose records or information about an Künstlr member.

Legal process must contain enough identifying information so that Künstlr can identify the member’s account. A common name, for example, does not uniquely identify a member’s account. Your legal process should include information such as an email address, transaction ID, username, shop name, or payment information.

Serving Künstlr with Legal Process to Request Access to Member Information
Before obtaining legal process, and contacting Künstlr, please check the location of the member whose information you are seeking. Requests for information relating to Künstlr members located in North and South America should be directed to Künstlr, Inc. in the United States. Requests for information relating to all other Künstlr members should be directed to Künstlr Ireland UC.

All requests for member information must be made with valid and sufficient legal process. We may be able to expedite our review of your request if, in addition to providing us with proper legal service, you email a copy to legal@Künstlr.nl (indicating, in the subject line, whether the request is directed to Künstlr, Inc. or Künstlr Ireland UC).

Receipt of legal process by these means is for Künstlr’s convenience only and does not waive any objections, including lack of jurisdiction, subpoena power, or improper service.

As a U.S.-based company, Künstlr may require that non-US legal process be domesticated under a Mutual Legal Assistance Treaty (“MLAT”), letters rogatory, or section 1782 of the U.S. code, as appropriate. Künstlr Ireland UC may require that non-Irish legal process be domesticated under the Irish Criminal Justice (Mutual Assistance) Act 2008. Künstlr Ireland UC will consider your request in accordance with the applicable Irish law, including the Data Protection Acts 1988 – 2018.

Emergency Circumstances
If your request for information involves an emergency involving a danger of death or serious physical injury to a member of the Künstlr community or any member of the public, please contact your local law enforcement. If you are a law enforcement officer seeking information relating to such an emergency, please email legal@Künstlr.nl from your official email address and provide the following:

Your name and title, the government agency you work for, and your full contact information (government email address, phone number, and fax number);
A summary of the facts about the emergency situation, including how the situation poses a danger of death or serious physical injury to an Künstlr member or any person;
The identity of the person or people who are in danger;
The specific records sought and how they relate to the emergency; and
Why legal process cannot be obtained and the records must be disclosed without delay.
Notice to the Member Whose Records Are Sought
When Künstlr receives legal process seeking records or information about an Künstlr member, Künstlr may provide notice to that member, including a copy of the legal process. Künstlr may also allow the member enough time to appear and object to the legal process in court, if necessary.

Requests for Witness Testimony
Künstlr does not provide expert witnesses for trial or deposition. When Künstlr produces records, we provide a standard records custodian declaration of authenticity. A live testimony by a records custodian is unnecessary because the records are self-authenticating.

Cost Reimbursement
Künstlr may seek reimbursement for our costs directly incurred in searching for, assembling, collecting, and preparing records or information for production.

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