Legal Requests

Customer Data and Shape’s Role

Shape provides software and technology services that enable customers to create, manage, store, access, and report on information within their Shape environment.

In most circumstances, the Shape customer is the appropriate source for records relating to its business, employees, users, leads, contacts, communications, transactions, and other information maintained through the Shape platform.

Customer information that remains available within an active Shape environment is generally accessible to authorized users of that customer through the platform’s interfaces, reporting tools, exports, and other available functionality.

Accordingly, parties seeking records relating to a Shape customer should generally request those records directly from the applicable customer before seeking them from Shape.

Data Availability and Retention

Shape does not maintain a separate archival repository of customer information for the purpose of responding to litigation, discovery, law enforcement requests, or other third-party requests.

Certain operational, diagnostic, security, system, and technical information may be generated in connection with operating the Shape platform. Such information may be transient, maintained for limited periods, overwritten, aggregated, rotated, or deleted in the ordinary course of Shape’s business and pursuant to applicable operational and retention practices.

Technical logs are maintained primarily for purposes such as platform operation, security, troubleshooting, system performance, and reliability. They are not intended to serve as permanent historical records of customer activity.

Shape does not guarantee the existence, completeness, recoverability, or retention of any particular record, log, event, communication, metadata, or other information.

The information available in response to any request therefore depends upon the applicable Shape service, customer configuration, retention practices, and information actually existing and reasonably accessible at the time Shape receives and processes a valid request.

Nothing in these guidelines should be interpreted as representing that a particular category of information exists or will be available in response to a future request.

Requests for Customer Records

Where the information sought is customer-controlled information that is available to the customer through its Shape environment, Shape may direct the requesting party to obtain the information from the applicable customer.

Shape will only disclose customer information when required or permitted by applicable law and after reviewing the applicable legal process.

Shape reserves the right to object to, reject, seek clarification regarding, or request modification of legal process that is invalid, improperly served, outside the issuing authority’s jurisdiction, vague, unduly burdensome, technically infeasible, or broader than necessary.

Submission or acceptance of legal process does not waive any rights or objections available to Shape or its customers.

Requirements for Legal Requests

To allow Shape to identify and evaluate a request efficiently, requests should be narrowly tailored and include:

• The full legal name of the Shape customer or organization involved;
• Sufficient information to identify the relevant Shape account;
• The name or other specific identifier of the person or records at issue;
• The specific categories of information requested;
• A clearly defined and reasonable date range;
• The applicable subpoena, court order, warrant, preservation request, or other legal authority;
• The case name and case number, where applicable;
• The issuing court, agency, or governmental authority;
• The requesting party’s name, organization, telephone number, and email address; and
• The date by which a response is requested.

Requests seeking “all records,” “all logs,” “all activity,” or similarly broad categories without identifying the particular information and relevant time period may require clarification or narrowing before Shape can determine whether responsive information exists.

Preservation Requests

Requests for preservation should clearly identify the applicable customer or account, the specific categories of information sought, the relevant date range, and the legal authority supporting the request.

Receipt of a preservation request does not mean that the requested information exists or is retained by Shape.

Shape will preserve information that is then available and subject to preservation when required by applicable law and valid legal process.

A preservation request does not require Shape to reconstruct previously deleted information, recover information that is no longer reasonably accessible, create records that do not exist, or begin collecting categories of information that Shape does not ordinarily maintain.

Customer Notification

Unless prohibited by applicable law, court order, or other legally binding restriction, Shape may notify the affected customer of a request for its information and may provide the customer with an opportunity to respond or seek appropriate legal relief before information is produced.

Submission of Legal Requests

Legal requests and related inquiries should be submitted through Shape’s Legal Request Form below.

Submission through this form is intended to facilitate review and routing of requests. Submission of a request through the form does not constitute acceptance of service, consent to jurisdiction, waiver of any objection, or agreement that Shape possesses the requested information.

Legal Request Form

Important Notice

These guidelines are provided for informational purposes only. They do not create contractual rights, expand Shape’s legal obligations, constitute consent to jurisdiction or service, or waive any rights, protections, privileges, or objections available to Shape Software Inc.

Shape reserves the right to modify these guidelines and to evaluate each request individually based upon the facts, applicable law, the nature of the requested information, and the information reasonably available to Shape at the time of the request.