This policy does not constitute legal advice or a promise that Etsy will respond in a specific way or at all. Etsy reserves the right to deviate from these practices at any time. This policy is a part of our Terms of Use. By using Etsy or requesting information on Etsy or our Members, you’re agreeing to this policy and our Terms of Use.
1. Etsy Member Records and Information
2. Etsy Requires Valid Legal Process
3. Serving Etsy with Legal Process to Request Access to Member Information
4. Emergency Circumstances
5. Notice to the Member Whose Records Are Sought
6. Requests for Witness Testimony
7. Cost Reimbursement
1. Etsy Member Records and Information
Before you contact Etsy for records or information, first see if the information you are seeking is publicly available or request the records directly from the relevant Etsy member.
Some information about Etsy buyers and sellers (which we collectively refer to in this policy as “Etsy Members”) and Etsy Shops (which we 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, Etsy Members may have access to certain records by logging in to their accounts. For example, Etsy sellers can access and download sales records in .csv format, and all members can view their Messages history by navigating to the relevant pages in their Etsy accounts.
See our Privacy Policy for more information about the data Etsy collects from its Members.
2. Etsy Requires Valid Legal Process
Except in emergency situations or when consistent with our Terms of Use, Privacy Policy, and applicable law, Etsy requires valid and sufficient legal process (for example, a subpoena or court order) properly served to compel us to disclose records or information about an Etsy Member ("Member Information").
Etsy will object to overly broad, vague, or otherwise inappropriate requests as a matter of course.
Legal process must contain enough identifying information so that Etsy 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. In addition, all law enforcement requests must identify the specific records requested, and your request needs to include the name of the issuing authority and agent, email address from a law-enforcement domain, or a direct contact phone number.
3. Serving Etsy with Legal Process to Request Access to Member Information
Before obtaining legal process, please check the location of the Etsy Member whose information you are seeking. Requests for information relating to Etsy Members located in North and South America should be directed to Etsy, Inc. in the United States. Requests for information relating to all other Etsy Members should be directed to Etsy Ireland UC.
As a US-based company, Etsy may require that non-US legal process be domesticated under a Mutual Legal Assistance Treaty (“MLAT”), letters rogatory, or section 1782 of the US code, as appropriate. Etsy Ireland UC may require that non-Irish legal process be domesticated under the Irish Criminal Justice (Mutual Assistance) Act 2008. Etsy Ireland UC will consider your request in accordance with the applicable Irish law, including the Data Protection Acts 1988 - 2018.
All requests for Member Information must be made with valid and sufficient legal process properly served on us. 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@etsy.com (indicating, in the subject line, whether the request is directed to Etsy, Inc. or Etsy Ireland UC).
Receipt of legal process by these means is for Etsy’s convenience only and does not waive any objections, including lack of jurisdiction, invalid form of process, or improper service.
4. Emergency Circumstances
If your request for information involves an emergency regarding a danger of death or serious physical injury to a member of the Etsy community or any member of the public, please email legal@etsy.com 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 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.
Individuals aware of an emergency situation should immediately and directly contact local law enforcement.
5. Notice to the Member Whose Records Are Sought
If practicable, Etsy may notify the affected Etsy Member before disclosing records or information requested about them, unless legally prohibited from doing so, or where Etsy has a clear indication of illegal conduct and prior notification would be counterproductive. Etsy may also allow the Member enough time to appear and object to the legal process in court, if necessary.
6. Requests for Witness Testimony
Etsy generally will object to requests to provide witnesses for trial or deposition. When Etsy produces records, we provide a standard records custodian declaration of authenticity. Live testimony by a records custodian is unnecessary because the records are self-authenticating.
7. Cost Reimbursement
Etsy may seek reimbursement for our costs directly incurred in searching for, assembling, collecting, and preparing records or information for production.
Last updated on May 25, 2023