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LAW ENFORCEMENT

Data Request Guidelines

Last updated: July 2019

These operational guidelines are a reference for law enforcement officials seeking information from us about user activity on Koomby App owned by Photika Network SAS. (“Koomby” or “Company”) may change these guidelines at any time, without notice.

- Koomby's policy on responding to law enforcement requests from Outside the EU
Koomby is committed to assisting law enforcement while respecting the privacy and rights of its users. To obtain non-public user information, law enforcement must provide the appropriate legal documents required for the type of information being sought, such as a subpoena, court order, or warrant, or submit an emergency request.

- Koomby's policy on European Union law enforcement requests
Koomby is a brand owned by Photika Network SAS, a company based in France, and our collaboration in security matters is essential to improve the internet.

A large number of police forces in the European Union have direct access to our legal department via secure telephone, which greatly speeds up the process. If the request for information is made by a police of the European Union we recommend you do it by phone the first time to speed up the process while processing the appropriate European orders.

Judicial, Police or Administrative orders that have been issued by a member country of the European Union do not need to be translated.

NOTE: (Neither orders nor requests are accepted in dialects such as Corso, Catalan, Euskera, Gallego, Breton, etc.) Orders that come from a country must be written in the official language of the country (Example: France => French, Spain => Spanish, Germany => German, Italy => Italian). If a request is received in an unofficial language it will be directly eliminated.

What information may be available in response to a lawful request?

The following information may be available in response to an enforceable law enforcement request:

· Subscriber Information
User account information is collected when a user registers a new account or otherwise revises applicable fields within the application (“Account Information”). Note, some of the categories listed below are not required to create an account. Account Information may include:

· Username
· First and last name
· Email address
· Phone number
· Device Model
· Account creation date and IP address used upon account creation

This information can be obtained through a valid subpoena (administrative, grand jury or trial), a court order issued pursuant to 18 U.S.C. § 2703(d) or a warrant.

· Video Content

The Koomby app allows users to create and upload videos (“Videos”). These videos may either be saved privately (“Private Videos”) or posted to the Koomby app and made available to registered users (“Public Videos”). Unless an account has been set to private or the Public Video has been deleted by the user, Public Videos are available to law enforcement through the Koomby app and are therefore not provided via a Data Request.

This information is available only pursuant to a warrant.

· User Interactions

The Koomby app allows users to interact with each other through comments to videos, direct messages, and live chats.

This information is available only pursuant to a warrant.

· Log Data

Koomby retains logs which may include metadata regarding account logins and logouts, user generated content (e.g., file creation and modification dates), and in-app communications (e.g., to/from and timestamp information). The logs do not include the actual content of any user generated files or in-app communications.

This information is available pursuant to a court order under 18 U.S.C. § 2703(d) or a warrant.

What information about the user must I include in my request?

When requesting information regarding a specific user of our services, you must provide the username of the relevant account.

What information regarding the requesting party must I include?

Each request must include contact information for the authorized law enforcement official submitting the request, including:

Requesting agency name;

Requesting agent name and badge/identification number;

Requesting agent employer-issued email address;

Requesting agent phone contact, including any extension;

Requesting agent mailing address (P.O Box will not be accepted); and

Requested response date (see details below for emergency requests).

Will Koomby honor preservation requests?

Yes. Koomby will honor formal requests to preserve user information for 90 days. Koomby will preserve information for an additional 90-day period upon receipt of a formal request to extend the preservation. We may not honor multiple extension requests beyond one additional 90-day period. If Koomby does not receive formal legal process for the preserved information before the end of the preservation period, the preserved information may be deleted when the preservation period expires.

Preservation requests must be sent on law enforcement letterhead, signed, and include information regarding the specific username to be preserved.

How do I serve a data or preservation request on Koomby?

Please send all preservation and/or data requests via email to legal@koomby.com. Receipt of correspondence is for convenience only and Koomby does not waive any objections, including the lack of jurisdiction or proper service. Koomby will not respond to data or preservation requests sent by non-law enforcement officials.

What should I do if I have an emergency request for data?

Koomby evaluates emergency requests on a case-by-case basis. If we receive information that gives us a good faith belief that there is an emergency involving imminent harm to a child or the risk of death or serious physical injury to a person, we may provide information necessary to prevent that harm, as permitted by applicable law.

You may submit an emergency request by email to legal@koomby.com with the subject “Emergency Disclosure Request” and include all of the following information:

· Identify the person who is in danger of death or serious physical injury, or the child who is at risk of imminent harm;
· The nature of the emergency;
· The relevant account information for the user(s) whose information is necessary to prevent an emergency;
· The specific information requested and why that information is necessary to prevent the emergency; and
· All other available details or context regarding the circumstances.

All emergency requests must be in writing on official letterhead, signed by a sworn law enforcement official, and, if sent via email, come from an official law enforcement email domain. Click here to download the Emergency Disclosure Request Form.

Non-law enforcement personnel aware of an emergency situation should immediately and directly contact local law enforcement officials.

Does the process differ for requests from international governmental authorities?

International governmental authorities should use the Mutual Legal Assistance Treaty (“MLAT”) request or letters rogatory process to seek user information from Koomby. Koomby will review and respond to properly submitted preservation requests while the MLAT or letters rogatory process is underway.

Will Koomby notify users of requests for account data?

In submitting a request for data concerning a particular user, law enforcement officials should note whether notification of the user would jeopardize the underlying investigation.

Koomby will honor a law enforcement request not to notify the user under such circumstances.Further, if your request places Koomby on notice of an ongoing or prior violation of our terms, we will take action to prevent further abuse, including account termination and other actions that may notify the user that we are aware of their misconduct.

If you believe in good faith that taking such actions will jeopardize your ongoing investigation, you may request that Koomby defer such action in your request and Koomby will take your request under advisement.

It is the responsibility of the requesting law enforcement official to make this request, as it is Koomby’s policy to enforce its terms.

Are there costs associated with Koomby's process of preservation and/or data requests?

Koomby reserves the right to seek reimbursement for the costs associated with responding to law enforcement data requests.

Emergency contact for EU Police forces

If you are a member of a European police force, you can consult your superiors and obtain our secure telephone where you can provide what you need 24 hours a day.

However if you need to contact us immediately you can call us at +33970742857 but we remind you that we will not be able to provide any kind of private information of any user on this phone, as it is only for general information.

You can send an email to legal-eu@koomby.com, and you can also stop by our offices with the necessary documentation where you can deliver the necessary documentation for the process. 

Head Office

PHOTIKA NETWORK SAS
"Koomby Team"
16 Avenue des Frênes
77144 Montevrain
France

Contacts

Support: support@koomby.com
Security: team4@koomby.com 
Reports: reports@koomby.com