How HOLLYFY Responds to Data Requests from Law Enforcement.

The following information is provided for law enforcement entities that seek information about users of the HOLLYFY platform (i.e., would like to submit a “Law Enforcement Request”). All other requests for information regarding the HOLLYFY platform, including user questions regarding reservations and user information, should be directed to our Customer Support team. We reserve the right to make changes to the information on this page at any time without notice. You should check this page each time you’re making a Law Enforcement Request.

For the purposes of this policy, “HOLLYFY” refers to the HOLLYFY platform. HOLLYFY.com, app.hollyfy, Madison & Sunset, Inc., and other relevant associated entities.

All law enforcement entities that seek information about users of the HOLLYFY platform should submit requests via secure communications here. Law enforcement officials who do not submit Law Enforcement Requests through the HOLLYFY Law Enforcement channel should expect longer response times.

We receive and respond to valid requests for user information on a regular basis in accordance with our terms of service, privacy policy, and law enforcement guidelines.

• Form of all requests
• Procedures for US law enforcement requests
• US Attorney General complaints
• Procedures for non-US law enforcement requests
• Cross-border information requests
• Emergency Requests

Form of All Requests

HOLLYFY is unable to process overly broad or vague Law Enforcement Requests, or Law Enforcement Requests that do not comply with applicable laws. We will only consider Law Enforcement Requests that are:

1. 1. Typed and in PDF file format
   2. On law enforcement entity letterhead and duly signed and stamped by the appropriate law enforcement officer who is empowered by local law to represent the law enforcement entity that is making the request
   3. Compliant with all applicable laws. If you are unclear about the legal requirements related to your request, you should seek appropriate legal advice.
   4. Addressed to HOLLYFY, and submitted through the HOLLYFY Law Enforcement channel. For more information about which entity you should address your request, please see the sections below, titled “Procedures for US Law Enforcement Requests” and “Procedures for Non-US Law Enforcement Requests”. If you are unable to submit your request through the HOLLYFY Law Enforcement channel, then please send to HOLLYFY, either directly or to the respective entity’s Registered Agent for Service of Process. Please additionally note that, if you are unable to submit your request through the HOLLYFY Law Enforcement channel, and instead email your request to HOLLYFY support team, HOLLYFY will typically only respond to emails that are from official law enforcement email domains.
   5. Drafted in English or translated to English.

In order for HOLLYFY to process your Law Enforcement Request, it should include the following elements:

• All known email addresses, names, and aliases of the data subject about whom you seek information, and/or all known physical addresses and telephone numbers of the data subject. This helps HOLLYFY identify the data subject
• Your name, title, and department; the law enforcement entity or agency you represent; and the law enforcement entity or agency’s street address, telephone number, fax number, and email address
• The specific information about the data subject that you request; why you request this information; the alleged crime you are investigating; and how the information you request pertains to the alleged crime you are investigating
• The applicable act or law under which you have the legal authority to seek the specific information you request
• The applicable act or law under which you request that notification to the data subject be withheld, if applicable

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Procedures for US law enforcement requests

All requests from US Law Enforcement (“US Law Enforcement Requests”) should be addressed to HOLLYFY, located in Los Angeles, California, and should be submitted through the HOLLYFY Law Enforcement channel. HOLLYFY will respond to valid, properly served requests, to the extent permitted by its Terms of Service, Privacy Policy, and US law, where proper service means submitting the request through the HOLLYFY Law Enforcement channel or, if you are unable to do so, by effecting service on HOLLYFY’s Registered Agent for Service of Process in Delaware and/or California:

Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808, 866-403-5272, 302-636-5454 (fax), www.cscglobal.com, and/or at 360 N. Pacific Coast Highway, Ste 2000, El Segundo, California 90245 Attn: Legal.

The following materials are required for a non-emergency US Law Enforcement Request to be valid:

1. 1. A valid trial, grand jury, or administrative subpoena is required to compel the disclosure of basic subscriber records as set forth in 18 USC § 2703(c)(2)
   2. A court order issued pursuant to 18 USC § 2703(d) is required to compel the disclosure of other records pertaining to an account, not including the contents of user communications
   3. For the content of user communications, a search warrant issued under the procedures described in the US Federal Rules of Criminal Procedure (or equivalent state warrant procedures) is required

If you have questions about these legal requirements, you should seek appropriate legal advice. The above notwithstanding, HOLLYFY explicitly reserves the right to require the use of specific additional processes or of an applicable Mutual Legal Assistance Treaty (“MLAT”) process, where applicable.

User notification

Please note that HOLLYFY has a policy of using reasonable efforts to notify affected users when it receives a valid Law Enforcement Request seeking user data. HOLLYFY will notify the relevant user(s) identified in the Law Enforcement Request, in case the user wishes to seek appropriate protective relief, except where a separate court order (not just the Law Enforcement Request itself) expressly requires HOLLYFY to delay or withhold notification; where notification is otherwise prohibited by law; or where HOLLYFY, in its sole discretion, believes that providing notice would be futile, ineffective, or would create a risk of injury or bodily harm to an individual or group, or to its property.

All delayed notification and non-disclosure orders issued to HOLLYFY must comply with 18 USC § 2705(b). In addition to meeting all other legal requirements, any court order precluding user notification under this section must include a judicial determination that there is reason to believe that notification of the existence of the court order will have one or more of the following adverse results, as set forth in the statute:

• Endangering the life or physical safety of an individual;
• Flight from prosecution;
• Destruction of or tampering with evidence;
• Intimidation of potential witnesses; or
• Otherwise seriously jeopardizing an investigation or unduly delaying a trial

In order to be valid, all non-disclosure orders must identify the period during which the order is effective.

Consistent with its policy of providing notice to users of Law Enforcement Requests that implicate their user data, HOLLYFY may request that the government initiate judicial review of any non-disclosure order issued in connection with a national security letter.

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US Attorney General complaints

If you are a US government official working with a state of federal regulatory authority (such as a state attorney general office), you can contact us in regards to consumer complaints or other similar matters by contacting HOLLYFY by email here. Messages originating from non-government domains will be deleted and no response will be provided. Emergency requests, law enforcement requests, or data requests should not be submitted to this email address.

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Procedures for Non-US Law Enforcement Requests

The following guidelines apply to Law Enforcement Requests for user information from law enforcement entities located in countries other than the US (“Non-US Law Enforcement Requests”).

All Non-US Law Enforcement Requests should generally be directed to HOLLYFY Ireland, except:

(1) requests for information from law enforcement located in Japan or regarding users who are Japanese residents (“Japan users”), unless the user collaborated or created an account outside of Japan” information (“Japan Law Enforcement Requests”) or

(2) requests for information from law enforcement located in China or regarding users who are Chinese residents (“China users”), unless the user collaborated or created an account outside of China or the payment/payout method issued outside of China, (“China Law Enforcement Requests”).

Generally, HOLLYFY Ireland will respond to valid, properly notified requests, to the extent permitted by its Terms of Service, Privacy Policy, and applicable law.

Requests should be submitted through the HOLLYFY Law Enforcement channel. If you are unable to submit your request through the HOLLYFY Law Enforcement channel, you may notify HOLLYFY Ireland of your request by emailing a PDF copy of your request.

To expedite HOLLYFY Ireland’s review of your request, please submit your request through the HOLLYFY Law Enforcement channel.

All Japan Law Enforcement Requests should be directed to HOLLYFY located in Ireland. Generally, HOLLYFY will respond to valid, properly notified requests, to the extent permitted by its Terms of Service, Privacy Policy, and applicable law.

Requests should be submitted through the HOLLYFY Law Enforcement channel. If you are unable to submit your request through the HOLLYFY Law Enforcement channel, you may notify HOLLYFY GSL of your request by emailing a PDF copy of your request; 

To expedite HOLLYFY GSL’s review of your request, please submit your request through the HOLLYFY Law Enforcement channel.

For clarity, where law enforcement seeks information relating to a Japan user’s account or collaboration outside of Japan, law enforcement should direct their request to HOLLYFY Ireland.

All China Law Enforcement Requests should be directed to HOLLYFY China located in Beijing, the People’s Republic of China. (For purposes of these Guidelines, “China” and “the People’s Republic of China” do not include Hong Kong, Macau, and Taiwan.)

Both Chinese law enforcement and non-Chinese law enforcement should direct their requests regarding China users to HOLLYFY China.

Generally, HOLLYFY China will respond to valid, properly notified requests, to the extent permitted by its Terms of Service, Privacy Policy, and applicable law.

Requests should be submitted through the HOLLYFY Law Enforcement channel. If you are unable to submit your request through the HOLLYFY Law Enforcement channel, you may notify HOLLYFY China of your request by emailing a PDF copy of your request.

To expedite HOLLYFY China’s review of your request, please submit your request through the HOLLYFY Law Enforcement channel.

For clarity, where law enforcement seeks information relating to a China user’s account or collaboration outside of China, or a payment/payout method issued outside of China, law enforcement should direct their request to HOLLYFY Ireland.

The following materials are required for all non-emergency Non-US Law Enforcement Requests, except China Law Enforcement Requests (for China Law Enforcement Requests, see below):

1. 1. For disclosure of basic subscriber records; transactional information pertaining to a user’s account; or basic payments-related data, a Law Enforcement entity must submit a valid request on the Law Enforcement agency’s letterhead
   2. For disclosure of the content of user communications, a Law Enforcement entity must submit a valid appropriate and binding court order (or equivalent local warrant procedure)

The following materials are required for all non-emergency China Law Enforcement Requests:

For disclosure of basic subscriber records, transactional information pertaining to a user’s account, basic payments-related data, or the content of user communications, competent Chinese Authority must submit:

1. 1. A valid administrative order (“立案决定” or “立案通知”) on the Chinese Authority’s official letterhead;
   2. A valid evidence collection notice (“证据调取通知书”) or court order (“法院调查令”); and
   3. Valid proof of identity as a law enforcement officer with competent Chinese Authority (“警官证” or “工作证”).

Where Chinese Authority provides a Notice, Order, or Evidence Collection Notice, HOLLYFY China will attempt to cooperate with the investigation, including by withholding user notification (for HOLLYFY’s general notification practices, see below).

The above notwithstanding, HOLLYFY Ireland, HOLLYFY GSL, and HOLLYFY China explicitly reserve the right to require the use of specific additional processes, or of an applicable Mutual Legal Assistance Treaty (“MLAT”) process.

User notification

Please note that HOLLYFY Ireland, HOLLYFY GSL, and HOLLYFY China have a policy of using reasonable efforts to notify affected users when they receive a valid Law Enforcement Request seeking user data. HOLLYFY Ireland, HOLLYFY GSL, and HOLLYFY China will notify the relevant user(s) identified in the Law Enforcement Request, except where a court order expressly requires HOLLYFY Ireland, HOLLYFY GSL, or HOLLYFY China, as relevant, to delay or withhold notification; where notification is otherwise prohibited by applicable law; or where HOLLYFY Ireland, HOLLYFY GSL, or HOLLYFY China, in its sole discretion, believes that providing notice would be futile, ineffective, or would create a risk of injury or great bodily harm to HOLLYFY Ireland’s, HOLLYFY GSL’s, or HOLLYFY China’s rights or property or to an individual or group of individuals, including minors.

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Cross-Border Information Requests

All requests for user information should be issued according to the processes outlined above and must comply with relevant law. Depending on the circumstances and the information sought, HOLLYFY may require the requesting law enforcement entity to follow relevant cross-border legal processes, such as via a Mutual Legal Assistance Treaty (“MLAT”), in order to obtain a relevant court order in the jurisdiction where the law enforcement entity seeks information. Except in circumstances in which HOLLYFY can accept an Emergency Request, all Law Enforcement Requests for information about HOLLYFY users must comply with local law. If you have questions about the legal requirements that apply to your Law Enforcement Request, you should seek appropriate legal advice.

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Emergency Requests

In the event of an emergency involving an imminent risk of death or serious physical injury to any person, law enforcement may make an emergency disclosure request through the HOLLYFY Law Enforcement channel.

If you are unable to access the HOLLYFY Law Enforcement channel, please send an email with the subject: “Emergency Disclosure Request”. Please note that if you email your emergency disclosure request to HOLLYFY, HOLLYFY will typically only respond to emails that are from official law enforcement email domains.

Requests for emergency disclosures should include the following elements:

• All known email addresses, names, date of birth, and aliases of the data subject about whom you seek information, and/or all known physical addresses and telephone numbers of the data subject. This information helps HOLLYFY identify the data subject.
• Your name, department, street address, telephone number, fax number, and email address
• The specific information about the data subject that you are requesting on an emergency basis; why you are requesting this information; and how this information pertains to your investigation
• The nature of the emergency; and why the information you are requesting is urgent and cannot be obtained through the use of ordinary Law Enforcement Requests

HOLLYFY users or non-law-enforcement third parties who are aware of an emergency situation should immediately and directly contact local law enforcement officials.

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