Law Enforcement and Subpoena Policy
MMSoftware, Inc. is the operator of this site www.jadecool.com and all affiliated websites (hereinafter “we”, “us”, “our”, etc.). We maintain operational policies prohibiting the disclosure of customer information without the customer’s express consent except as required to comply with a court order, search warrant, summons, subpoena, or other valid legal process received by us. 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 and protect the public. Pursuant to a variety of privacy laws, we are generally prohibited from providing user data in the absence of a subpoena and cannot typically disclose the contents of emails or other electronic communications in the absence of a court order or search warrant. Please review applicable law before submitting requests for customer information.
We endeavor to respond within fourteen (14) business days to valid law enforcement inquiries. However, in some cases, additional time is required. If you are submitting an emergency request requiring immediate attention, please describe the nature of the emergency and how the requested information will assist in addressing the emergency circumstances.
We respond to requests to preserve user data pending receipt of legal process. When submitting a preservation request, please provide as many account identifiers as possible such as the username, email address, legal name, telephone number, and billing address.
Non-Law Enforcement Inquiries
We typically require a subpoena or court order before providing user information to private parties. We further reserve the right to request additional information from the requesting party, including without limitation, authenticated copies of court pleadings, 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.
When seeking user information from us, please include the name of the user(s) and events associated with the information in question, as well as all other pertinent information and legal documentation, and transmit your request via email to our Legal Contact at:
Lawrence G. Walters, Esq.
Walters Law Group
195 W. Pine Ave.
Longwood, FL 32750
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 or acceptance 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 associated with our services 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 from law enforcement, 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 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 prohibited by law. Confidentiality is typically maintained when responding to criminal investigations. Nothing in this Policy is intended as legal advice. Please direct any legal questions to your own legal counsel.
Costs of Compliance
We may condition compliance with civil or administrative subpoenas only upon payment of our expenses, as follows:
Research: USD 75.00/hour.
Copies: USD 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 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:
- Satisfying any legal obligation;
- Identifying, contacting, or bringing legal action against someone who may be violating any of the user agreements and/or policies governing the access or use of our services;
- Investigating fraud or deceptive activity;
- Maintaining the security of our system(s), servers, datacenters, or properties;
- Operating our services properly; and
- Protecting ourselves, our customers, and the general public.
Nothing contained herein is intended to create a legal obligation with respect to preservation or disclosure of user data where such obligation does not otherwise exist.
Thank you for your cooperation with our Subpoena and Law Enforcement Request Policy.