PROXIMA BETA - LAW
ENFORCEMENT DATA REQUEST GUIDELINES
Last modified: December 2023
INTRODUCTION
These
operational guidelines are for any law enforcement authority or other
government authority (the “Requesting Authority”) making a
request to Proxima Beta Pte. Limited (“we”, “our” or
“us”, as appropriate), for disclosure of data about our users of the
services operated by us (a “Request”).
We respond to
Requests made by a Requesting Authority in accordance with these guidelines,
subject always to applicable laws and regulations and our internal guidelines.
We provide
(access to) user information in response to Requests when legally required to
do so. We will scrutinize all requests to make sure they comply with the applicable
laws and regulations. Where permitted, relevant or necessary, we may require
appropriate legal and/or supporting documentation to be furnished by the
Requesting Authority before we can provide the relevant user information
requested. Such documents may include a court order, written order to produce
documents or other things, search warrant, authorization document(s) and/or
other valid legal process, as the case may be.
We may amend
this Policy at any time without notice. We encourage you to check back
regularly on this page for updates. These guidelines are
applicable to Requests from Requesting Authorities only. Nothing in these
guidelines shall be used to create any legal obligations or any enforceable
rights against us or our affiliated entities.
Disclaimer on
Requests for data not held by us: From time to time, we receive Requests for
disclosure of data which do not belong to and/or are not held by us but a
separate entity. The responsibility is on the Requesting Authority to make the
appropriate request(s) to such other entities and/or affiliates as necessary.
WHAT KINDS OF
REQUESTS DO WE RESPOND TO?
We respond to the following types of Requests:
Preservation
Requests
We accept
Requests issued in accordance with applicable laws and regulations from
Requesting Authorities to preserve specified records or data, pending the
issuance of valid legal process. Please complete this form to make a Preservation Request.
If we do not receive formal legal request in accordance with applicable laws
and regulations for the preserved information before the end of the
preservation period, the preserved information may be deleted when the
preservation period expires where permitted by applicable laws and regulations.
In addition to the information described below (in “Form of Request”), Preservation
Requests must, to the extent permitted by applicable laws and regulations, be
sent on law enforcement letterhead, signed, and must include a statement with
details about steps that are being taken to obtain legal process for the data
sought to be preserved. In specific cases, we may need further supporting
and/or legal documentation before we can respond to a Preservation Request. All
our rights in this regard are fully and expressly reserved.
Emergency Requests
Requests from
Requesting Authorities that give us a good faith belief regarding an imminent
emergency involving risk of death, serious physical injury to a person or any
risk of harm to a minor. Please note that we evaluate Emergency Requests on a
case-by-case basis in compliance with applicable laws and regulations. Where permitted,
appropriate and/or necessary, we may require the Requesting Authority to
furnish relevant legal and/or supporting documentation confirming their
authorization and/or legal basis for making the Request, without unnecessarily
jeopardizing or delaying our response(s) to the Requests. Please complete this form to
make an Emergency Request.
Legal Process
Requests
All other Requests
made by a Requesting Authority in accordance with applicable laws and
regulations. This may include Requests arising from valid search warrants and written
orders to produce documents or other things and other valid legal process, or
valid Requests made in accordance with applicable mutual legal assistance
arrangements and channels. Where permitted, appropriate and/or necessary, we
may require the Requesting Authority to furnish relevant legal and/or
supporting documentation confirming their authorization and/or legal basis for
making the Request. Please complete this form to
make a Legal Process Request.
RETAINING AND
DISCLOSING OF DATA
We will only
retain and disclose data in accordance with the End User License
Agreement (“EULA”) and Privacy
Policy applicable to the relevant services, subject always to applicable laws
and regulations.
FORM OF REQUEST
To the extent
permitted by applicable laws and regulations, we require that each Request
contains the following information, and any other information as required by
applicable laws and regulations, in order to process such Request:
·
the Requesting Authority's
identity;
·
the identity of the specific
officer and/or agent of the Requesting Authority responsible for the request
(the "Request Contact"), including their rank,
badge/identification number and identification documents;
·
the relevant authorisation
document(s) of the specific officer and/or agent of the Requesting Authority,
if applicable;
·
contact details for the Request
Contact, including phone number, email address (which must be from the
Requesting Authority’s email domain address) and postal address;
·
a reasonable date that we should respond to the
Request by;
·
if applicable, the IP address, Uniform Resource
Locator, or user of our services to which the Request relates, including all
known information pertaining to the relevant user - including users’ identification,
account details and/or email addresses. This will help us to identify the data
subject and/or other information requested;
·
list and specify type of data being requested;
·
purpose of which each type of data is to be used in
relation to the Request;
·
why is the requested type of data considered necessary
for the purpose;
·
the basis of the Request, including the provisions of
any laws and/or regulations being relied upon for the Request and, where
applicable and/or necessary, details of the nature of the investigation,
procedure and/or process being carried out by the Requesting Authority.
Please note that
we may be unable to respond to any vague or incomplete Requests.
The form to be
used to make an Emergency Request, certifying the truthfulness and correctness
of the Request, can be found here.
NOTIFICATION OF
OUR USERS
We respect our
users’ rights and privacy. We may therefore notify the relevant user about any
Requests for their data prior to disclosure, unless we are prohibited from
doing so under applicable laws or regulations, by the terms of any legal
process (such as a confidentiality order), or where we reasonably believe that
such disclosure may create imminent serious danger or risk for us or any third
party.
A Requesting
Authority that believes that notification would jeopardize a law enforcement investigation
should obtain an appropriate legal process that specifically prohibits user notification.
It is the Requesting Authority’s responsibility to request that we do not
notify a user of your Request because it would jeopardize a law enforcement
investigation, including but not limited to providing the appropriate court
order or legal process prohibiting such notification. We will carefully
consider your Request and our compliance with the same will be subject to
applicable laws or regulations. All our rights in this regard are expressly
reserved. If your Request draws attention to an ongoing violation of our EULA and
policies, we will – to the extent permitted by applicable laws and regulations – take action to prevent further abuse,
including actions that may notify the user that we are aware of their
misconduct.
MUTUAL LEGAL ASSISTANCE TREATY REQUESTS
We respond to
requests of an international nature made pursuant to a Mutual Legal Assistance
Treaty ("MLAT") and other applicable conventions,
treaties, protocols or documents of a similar nature entered into between Singapore
and other countries. The MLAT and other applicable conventions, treaties,
protocols, or documents of a similar nature will usually determine how Singapore
and these other countries can assist one another in legal matters such as
criminal investigations or enforcement proceedings. Through an MLAT or other
request, a foreign government can request the Singapore government for
assistance in procuring evidence from Proxima Beta Pte. Limited. If the Singapore
government approves the MLAT or other request from the foreign government, and
such documentation of approval is provided to us, we will give our best
endeavors to render our support in accordance with applicable laws and
regulations.
Also, a
Requesting Authority may be able to rely on MLAT or other applicable
conventions to request data, not held by us, in the country of the relevant entity
holding such data.
REIMBURSEMENT OF
COSTS
To the extent
permitted by applicable laws and regulations, we may seek reimbursement of our costs
in responding to a Request.
TESTIMONY
SUPPORT
We do not
provide expert testimony support, except to the extent required by applicable
laws and regulations.
WHERE SHOULD
REQUESTS BE SENT TO?
All Requests
should be sent to the following contact details:
emailed to LawEnforcement@proximabeta.com
with the subject “Law Enforcement Agency Disclosure Request”.
Please note
that:
· we may take longer to respond to any Requests not sent to the above
contact details;
· we will not review correspondences sent by anyone other than law enforcement
authorities to the above contact details; and
· if we accept any legal processes via the above contact details, such
acceptance is for convenience only and does not waive any of our rights or
objections, including for lack of proper service or jurisdiction.
For general questions regarding these guidelines not related to specific
Request(s), please contact us by email at LawEnforcement@proximabeta.com.
Please note this email does not receive service of legal documents and will not
be responsive to unrelated enquiries.
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