HoneyBook, Inc. (“HoneyBook”) is an all-in-one clientflow solution primarily serving small-to mid-sized businesses and solo entrepreneurs. Using HoneyBook, our customers (“Members”) can use a suite of tools hosted on our platform to, among other things: (a) communicate and book appointments with their clients; (b) send and/or execute proposals, contracts, and invoices; and (c) collect payment from their clients. Accordingly, for purposes of classification under the Stored Communications Act (“SCA”), HoneyBook is both an “electronic communications service” (“ECS”) and a “remote computing service” (“RCS”).
See 18 U.S.C. §§ 2510(15), 2711(2).
These guidelines are intended to provide information regarding the legal process that HoneyBook requires in order to disclose information within HoneyBook’s custody or control, whether pertaining to HoneyBook or any of our Members. Requests for information should be as narrow and specific as possible to avoid misinterpretation, objection, and/or challenge in response to an unclear, inappropriate, or overbroad request.
1. U.S. Government & Law Enforcement. HoneyBook will comply as required by applicable laws with subpoenas and other requests for information from U.S. government agencies and law enforcement entities. HoneyBook will accept service of such requests from U.S. government agencies and law enforcement entities via email at
[email protected].
[1] HoneyBook will not process any such request unless received from the requesting party’s official government or law enforcement email address. In the transmittal email attaching a request for information, please include the requesting official’s name, title, and telephone number.
Because HoneyBook is both an ECS and RCS, it would be in the best interests of U.S. government agencies and law enforcement entities to ensure their information requests are made pursuant to the appropriate form of legal process and within the scope of what is permissible under applicable law (such as the SCA). When Members open HoneyBook accounts, they provide basic information which may include names, physical addresses, email addresses, and telephone numbers, along with photographs of their identification (if they wish to utilize payment processing through HoneyBook). After a HoneyBook account is created, as noted above, the Member may then correspond with — and send contracts and invoices to — their clients. For payment processing, we may assist Members using a Stripe, Inc. integration. Accordingly:
- For requests involving “non-content” composed of basic subscriber information (such as name, email address, account application documentation, and service usage information), HoneyBook will produce such information only in response to a valid subpoena.
- For requests involving “non-content” beyond basic subscriber information (such as metadata, “to”/“from”/“cc” email fields, and transaction details (excluding descriptions in invoices that would constitute “content”)), HoneyBook will produce such information only in response to a court order under 18 U.S.C. § 2703(d) (or the equivalent under applicable state law).
- For requests involving “content” (such as the substance of any communications between Members and their clients using our platform) stored for 180 days or less and with prior notice to the subscriber, HoneyBook will produce such information only in response to a court order under 18 U.S.C. § 2703(d) (or the equivalent under applicable state law).
[2]- For all other requests involving “content” (e.g., requests that would not give prior notice to the subscriber and requests that would not comply with the delayed notice provisions of 18 U.S.C. §2705(a)), HoneyBook will produce such information only in response to a valid search warrant.
- For requests involving “non-content” beyond basic subscriber information (such as metadata, “to”/“from”/“cc” email fields, and transaction details (excluding descriptions in invoices that would constitute “content”)), HoneyBook will produce such information only in response to a court order under 18 U.S.C. § 2703(d) (or the equivalent under applicable state law).
- For requests involving “content” (such as the substance of any communications between Members and their clients using our platform) stored for 180 days or less and with prior notice to the subscriber, HoneyBook will produce such information only in response to a court order under 18 U.S.C. § 2703(d) (or the equivalent under applicable state law).
[2]- For all other requests involving “content” (e.g., requests that would not give prior notice to the subscriber and requests that would not comply with the delayed notice provisions of 18 U.S.C. §2705(a)), HoneyBook will produce such information only in response to a valid search warrant.
Upon receipt of a lawful and binding request, HoneyBook will preserve requested information for up to 90 days.
2. Civil Matters & Private Party Subpoenas. For requests in any civil matters, as well as requests made by private parties, HoneyBook will
not accept service via email. Instead, if a request pertains to a civil matter or if you are a private party (i.e., not a government or law enforcement entity), you will need to use a valid legal method of service. Personal service can be made either: (a) at our U.S. headquarters located at 539 Bryant Street, Suite 200, San Francisco, CA 94107; or (b) on our registered agent for service of process: Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808.
If you have served a subpoena on HoneyBook using a legally valid method of service, please send a courtesy copy of the subpoena via email to
[email protected] with a cover note indicating that the subpoena was also validly served in person.
Please note that HoneyBook reviews all subpoenas to ensure there is a valid legal basis for each request. We will object, challenge, or reject requests that are unclear, inappropriate, overbroad, or lack valid legal basis.
3. Requests from Non-U.S. Parties. All requests for information from parties outside of the United States, including law enforcement or government officials, must be made through appropriate legal and diplomatic channels — such as multi-lateral legal assistance treaties and letters rogatory processes — and be personally served on HoneyBook either: (a) at our U.S. headquarters located at 539 Bryant Street, Suite 200, San Francisco, CA 94107; or (b) on our registered agent for service of process: Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808.
4. Emergencies. HoneyBook reserves the right to respond immediately to urgent U.S. and foreign law enforcement requests for information in cases potentially involving a threat to public safety or involving danger of death or serious physical injury to a person. Such emergency requests may be made through
[email protected]. In the email subject line describing your request, please denote that an “Emergency” exists.
5. Fraudulent and Other Unauthorized Conduct. We reserve the right to assist law enforcement agencies in their investigations of fraudulent and other unauthorized conduct, such as fraudulent use of a stolen credit card, including by providing certain non-content information without a subpoena.
6. Costs & Fees. We may seek reimbursement from the requesting party for costs associated with responding to information requests or charge an administrative fee, particularly if HoneyBook responds to unique or burdensome requests.
[1] Please note that HoneyBook will not process or respond to emails sent by private parties to this email address. For requests by private parties (as well as civil matters), please see Section 2 below.
[2] For the avoidance of doubt, HoneyBook will not produce content information in response to a subpoena.