Law Enforcement and the Nivafy Community

At Nivafy, we are deeply committed to the safety and privacy of our users while recognizing the crucial role of law enforcement in maintaining a secure online environment. To balance these priorities, we actively collaborate with law enforcement and governmental agencies, ensuring safety across our platform.

Nivafy’s Approach to Law Enforcement Requests:

Nivafy, is dedicated to assisting law enforcement authorities while simultaneously upholding the privacy and rights of our users. Upon receiving a valid legal request for Nivafy account records, we respond in a manner that is compliant with applicable laws and respects the privacy protections of our users.

General Information for Law Enforcement:

This section provides operational guidelines for law enforcement and government officials who seek access to Nivafy account records, i.e., user data on Nivafy. Our Law Enforcement Guide contains detailed information about the types of user data available and the legal processes required to obtain such data.

U.S. Legal Process Compliance:

As a company operating under U.S. jurisdiction, Nivafy requires all U.S. law enforcement and government agencies to adhere to U.S. legal standards when requesting disclosure of Nivafy account records.

The disclosure of Nivafy account records is primarily governed by the Stored Communications Act (18 U.S.C. § 2701, et seq.). This act specifies that we can only release certain user account records in response to specific types of legal process. These processes include subpoenas, court orders, and search warrants, ensuring that any disclosure of information is lawful and justified.

Non-U.S. Legal Process

For law enforcement and governmental agencies outside the U.S., requests for Nivafy account records typically involve international legal procedures, such as the Mutual Legal Assistance Treaty (MLAT) or letters rogatory. Nivafy, acknowledges the importance of these requests and, as a courtesy, will review and respond to properly submitted preservation requests while the MLAT or letters rogatory process is being pursued.

In certain circumstances, Nivafy may choose to provide limited account records to non-U.S. law enforcement agencies. This is contingent upon the legal process being duly authorized in the requesting country and limited to non-content information, such as basic subscriber details and IP logs.

Emergency Disclosure Requests

In line with international standards and practices similar to those outlined in 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4), Nivafy maintains a policy of disclosing account records in good faith when an emergency presents an imminent threat of death or serious bodily injury, necessitating immediate disclosure of such records.

Guidelines for law enforcement on how to submit Emergency Disclosure Requests to Nivafy are detailed in our Law Enforcement Guide. These requests must be initiated by a sworn law enforcement official and originate from an official law enforcement or governmental email domain.

Data Retention Periods

For current information regarding our data retention policies for various types of content, such as messages and media shared on Nivafy, please visit our Support Site. This site offers comprehensive details on how long we retain different kinds of user data.

Preservation Requests

Nivafy respects formal preservation requests from law enforcement agencies in compliance with legal standards similar to those outlined in 18 U.S.C. § 2703(f). Upon receipt of such a request, we strive to preserve any available Nivafy account records associated with the identified user(s) and within the requested date range. These records are held in an offline file for up to 90 days. We will extend this preservation for one additional 90-day period upon receiving a formal extension request.

As a courtesy to non-U.S. law enforcement agencies, Nivafy may preserve account records for up to a year while the MLAT or letters rogatory process is in progress. This preservation period may be extended for an additional six months with a formal extension request.

Child Safety Concerns

When potential child exploitation content is reported on our platform, our Trust & Safety team promptly reviews such cases. If appropriate, we report these incidents to organizations like the National Center for Missing and Exploited Children (NCMEC). NCMEC then reviews these reports and coordinates with law enforcement agencies worldwide to ensure the safety and protection of children.

User Consent

Nivafy, does not release user data solely based on user consent. Users interested in accessing their own data can find additional information and instructions on our Support Site.

User Notice Policy

Nivafy’s policy is to notify users when we receive legal requests for their data. However, there are two exceptions to this rule: First, if a court order under legal provisions like 18 U.S.C. § 2705(b) or equivalent legal authority prohibits us from notifying the user, we will comply with such orders. Second, in exceptional circumstances — such as cases involving imminent threats, child exploitation, or the trafficking of lethal substances — we may decide at our discretion not to notify the user.

Testimony

When disclosing records to U.S. law enforcement, Nivafy will provide a signed Certificate of Authenticity. This should negate the need for a custodian of records to testify. However, if testimony is deemed necessary, we require that state subpoenas be domesticated according to relevant laws such as the Uniform Act to Secure the Attendance of a Witness from Without a State in Criminal Proceedings.

Nivafy is unable to provide expert witness testimony or any testimony outside the United States.

How to Submit Requests

Law enforcement requests should be directed to Nivafy AI Inc. It’s important to accurately identify the Nivafy full name and username in question. If a username is unavailable, we may attempt to locate the account using a phone number, email address, or hexadecimal User ID.

Requests, including legal processes and preservation requests, should be submitted through our designated law enforcement portal. For convenience, we also accept these requests and general inquiries via our dedicated law enforcement email address [email protected]. However, receipt of requests through these channels does not waive any legal rights or objections of Nivafy or its users.

Requests from Non-Governmental Entities

Please note that the methods described above are exclusively for law enforcement officials. Non-governmental entities, including those involved in criminal defense or civil discovery, must serve their legal demands in person to Nivafy or our designated agent, following the appropriate legal procedures, including domestication in California State. We do not accept service of civil discovery demands via email.