SUBPOENA & LAW ENFORCEMENT REQUEST POLICY
Last Updated: February 21st 2020
The operator of Sinsations.ch (hereinafter, “Company”, “We”, “Us” or “Our”) maintains privacy policies prohibiting the disclosure of customer information without the customer’s express consent except as required to comply with a pending criminal investigation, a court order, search warrant, summons, production order, subpoena, or other valid legal process received by the Company. If you require information regarding a customer, or other data in Our possession, you must transmit a proper request to Our Legal Contact set forth in the “Instructions” below.
Law Enforcement Requests
We support law enforcement efforts to fulfill their duties, protect the public, and put an end to criminal activity. This is especially true in cases concerning non-consensual sexual activity or abuse of a minor. In an effort to aid law enforcement and other governmental agencies in meeting these goals, We will comply with valid investigatory requests and generally provide such information as required or permitted by law. Pursuant to a variety of privacy laws, We are prohibited from providing the contents of emails or other electronic communications except under very limited circumstances. While We will typically provide available user data in response to valid law enforcement requests, We reserve the right to insist on receipt of a subpoena, warrant, production order, or court order when necessary or appropriate. Please review applicable law before submitting requests for subscriber information.
We endeavor to respond within seven (7) business days to valid law enforcement inquiries. However, in some cases, additional time is required.
Non-Law Enforcement Inquiries
If you are concerned about illegal activities by any user of this website, please contact your local law enforcement agency. As noted above, We voluntarily assist in law enforcement investigations into abuse of this website and its services. If you wish to inform Us about any wrongful activities by Our users or advertisers, please send an email with full details to: sinlegal@protonmail.ch.
We typically require a subpoena or court order before providing customer information to private parties. We further reserve the right to request additional information from the requesting party, including without limitation, authenticated copies of court documents, in order to verify that the requested information is relevant to any civil or administrative matter. If you wish to send Us a subpoena for user information, please transmit the document to our Legal Contact set forth in the Instructions below.
Instructions
When seeking user information from Us, please include a link to the ad, the Post ID number (found at the end of the hyperlink), and/or telephone number associated with the advertisement(s) in question.
In a voluntary effort to cooperate with law enforcement and the judicial system, you may transmit your information requests via email to Our Legal Contact at:
Please note that the Company is based in Switzerland, and We do not maintain offices or physical addresses in the United States or Canada. Please do not send customer service requests, billing inquiries, or unrelated documents to Our Legal Contact.
Nothing contained in this Policy shall constitute a waiver of formal legal process or consent to jurisdiction of the courts and/or the legal system in any particular state, province, or country.
Retention of Customer Data
We do not guarantee the existence, accuracy, or regularity of Our storage or backup services. Due to data storage capacity and security concerns, all content contained on the website and any archival copy of the same, are subject to deletion and destruction at any point. This material is permanently and irrevocably deleted, and such files can thereafter no longer be recovered under any circumstances. In the event of receipt of a legal preservation request, We will undertake Our best efforts to preserve the data identified in such request, to the extent required by applicable law.
Notification to Customers
We reserve the right, but do not undertake the obligation, to notify the affected website customer prior to responding to a civil or administrative subpoena and to delay compliance for up to ten (10) calendar days, in order to allow Our customer to move to quash the subpoena or obtain a protective order from a court of competent jurisdiction, excepting emergency circumstances or where otherwise required by law. Confidentiality is typically maintained when complying with criminal investigations. Nothing in this Policy is intended as legal advice. Please direct any questions regarding legal procedures to your private attorney.
Costs of Compliance
We may condition compliance with civil or administrative subpoenas only upon payment of Our expenses, as follows:
Research: CHF 75.00/hour.
Copies: CHF 0.25/page.
Media Storage Devices (e.g. – CD, DVD, portable drives, etc.): Actual cost.
Mailing / Document Delivery: Actual cost.
Other Costs: Rate determined as incurred.
We also reserve the right to charge an administration fee to the affected website customer, the amount of which is within Our sole discretion.
Release of Customer Data in Other Circumstances
Notwithstanding the foregoing, We reserve the right to disclose customer information when, in Our sole discretion, We believe that it is reasonable to do so. Such circumstances include, but are not limited to the following:
To satisfy any legal obligation;
To identify, contact, or bring legal action against someone who may be violating any of the user agreements and/or policies governing the access or use of this website;
To investigate fraud or deceptive activity;
To maintain the security of the website’s system(s), servers, datacenters, or properties;
To operate the website’s services properly; and
To protect Ourselves, Our customers, and the general public. In reflection of Our continued support of law enforcement, We specifically reserve the right to disclose any and all necessary information to law enforcement in the event of ongoing criminal activity involving Our system, illegal use of Our system, and/or active human trafficking investigations.