Legal Guidelines

What Information Do We Have?

MalibuMakos.com has certain information from users and commenters. The following is a summary of the information that we may collect and store.

  1. Basic account information, such as:
  • Username
  • Email address
  • Name
  • Phone number
  1. Transaction and/or billing information

We will generally retain the above information until changed or removed by the user (if it’s possible to do so). We also collect log data, which may include a user’s IP address, browser type, operating system. We keep this information for up to 30 days as a matter of course. You can read more about how we handle preservation requests under “Preservation Requests for WordPress.com Sites” below.

More Information on Data Release and Retention

Before revealing any of this information to a party that is not the owner of the account, we require a validly issued subpoena, warrant, or court order that specifically requests it unless we have a good faith belief that there is an emergency involving death or serious physical injury. We do not voluntarily provide governments with access to data about users (private or public) for law enforcement, intelligence gathering, or other surveillance purposes. More information on our requirements for releasing private user information can be found below.

Requesting Private Information of MalibuMakos.com Users

Safeguarding our users’ private information is a vital aspect of the trust our users place in our service to keep them safe, and in some cases, anonymous.

Makos may receive requests for information from government agencies/law enforcement as well as individuals or corporations involved in civil lawsuits.

Requests from Government Agencies/Law Enforcement

Except in emergencies (see more below), it is our policy to turn over private user information only upon receipt of a valid subpoena, search warrant, or US Court order that complies with the Federal Rules of Criminal Procedure, the Federal Rules of Civil Procedure, and/or California state law.

For legal requests from government agencies/law enforcement from outside of the United States, we ask that the request be served via a United States court or enforcement agency under the procedures of an applicable mutual legal assistance treaty or letter rogatory.

If these pieces of information are available, we can provide the first and last names, phone number, email address currently assigned to a site user, the date/time stamped IP address from which a user account was created, and the ActiveNetwork transaction information to government agencies/law enforcement upon receipt of a valid subpoena.

Except in emergencies, we require a court order or a warrant before providing additional IP addresses or information relating to a specific post or a specific comment.

We require a warrant before disclosing content of user communications to government agencies/law enforcement. We also require a warrant before providing any non-public content information (such as private or draft post content, or pending comments).

Requests in Civil Cases

It is our policy to turn over private user information only upon receipt of either (1) a valid order from a US court, or (2) a subpoena served as part of an existing lawsuit that complies with Rule 45 of the Federal Rules of Civil Procedure and/or the California Discovery Act. For legal requests from outside the United States, we ask that the request be served via a United States court or enforcement agency under the procedures of an applicable mutual legal assistance treaty or letter rogatory. Litigants should ensure that any such requests comply with the US SPEECH Act, 28 U.S.C. 4101 et seq.

Requests must identify the specific information (as listed above) sought. If a request is overly broad or seeks information not applicable to Makos, we will provide the email address that is currently assigned to a site user.

Any request for specific post or comment information must include the specific URL of each post or comment. We will not provide any content information in response to civil orders or subpoenas, pursuant to the E.C.P.A.

Please note that we charge an administrative fee of USD $125/hour for compliance with validly issued and served civil subpoenas. We will bill for and collect this fee prior to furnishing information in response to a subpoena.

Requests for Takedown of Copyrighted Content

MalibuMakos.com complies with properly formatted notices sent in accordance with the Digital Millennium Copyright Act.

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