ELMMAC GROUP | INTERNATIONAL LAW ENFORCEMENT INFORMATION REQUEST GUIDE
This Guide is intended for law enforcement agencies outside of the Republic Of South Africa (“RSA”) seeking user information regarding users of the e-commerce platforms (“Users”) operated by subsidiaries of the ElmMac Group Holding Limited (“ElmMac Group”) (“User Information”). ElmMac Group’s principal business operations and operating subsidiaries are based in the RSA, though our websites and certain products and services may be available in other jurisdictions around the world.
This Guide is subject to change without notice. This Guide is applicable to requests from law enforcement agencies only. Nothing in this Guide shall be used to create any legal obligations or any enforceable rights against ElmMac Group or change ElmMac Group’s legal defenses. ElmMac Group reserves all rights to the interpretation and application of this Guide.
ElmMac Group understands there will be times when our assistance will be required to assist law enforcement agencies in the performance of their duties. ElmMac Group is committed to a high standard of business conduct in our relationships with our users, customers, suppliers, and business partners. We strive to be a good citizen and conduct ourselves in accordance with all applicable laws and regulations while respecting the privacy of our users, customers, suppliers, and business partners.
In observing the above values and principles, except as provided below, ElmMac Group will not disclose or release User Information without a valid, legally binding request (such as a subpoena, search warrant, court order, or other legal process) (“Request”) served on the appropriate contact through proper channels. ElmMac Group reserves its right to reject, in whole or in part, User Information Requests that conflict with RSA and other applicable laws and regulations or that are otherwise inappropriate.
- Applicable Platforms and Contact Information
This Guide applies to several e-commerce platforms (“Platforms”). A Request for User Information must be served on the appropriate contact for the Platform with which the requested User Information is associated. Please note the appropriate contact is not deemed to be the operator of Platforms and are merely appropriate contacting entity for the purpose of the Request. For your convenience, please refer to the table below for each Platform’s contact information.
- Service of Requests
ElmMac Group does not maintain a specific agent for receipt of Requests for the Platforms. Under applicable laws, and in particular, RSA laws and regulations, Requests generally must be served through the various legal and/or diplomatic channels recognized by the RSA and/or other relevant jurisdiction. Such channels include, for example:
The Hague Service Convention (copy available at https://www.hcch.net/en/instruments/conventions/full-text/?cid=17);
The Hague Evidence Convention (copy available at https://www.hcch.net/en/instruments/conventions/full-text/?cid=82); and
Other applicable diplomatic channels between your country and the RSA.
- Required Information
We require law enforcement agencies to provide us with the following before we can process any Request:
- Signed copy of the Request;
- Your full contact details, including but not limited to name, email address, telephone number, and physical address;
- Credentials for verifying your identity;
- Detailed identification information of the targeted person(s), including all known names, aliases, street addresses, email addresses, phone numbers, Platform IDs, and, if applicable, relevant listings and transactions;
- Detailed description of the User Information requested, including time frame;
- Statement of the nature of the investigations or proceedings for which the User Information is required; and
- Recitation of the applicable legal grounds for the Request.
- Information That May Be Disclosed
While we endeavor to assist you to the best of our ability, our ability to disclose information may vary based on the type of information requested and the Platform(s) involved as our ability is governed by RSA laws and regulations and/or the laws and regulations of other applicable jurisdictions. If you have any questions regarding the type of information that a specific Platform may disclose, please address the corresponding contact listed in Section 2 above.
- Discretion In Emergencies
Subject to applicable laws and regulations, ElmMac Group reserves its right to voluntarily disclose User Information in response to urgent law enforcement requests in cases involving immediate threats to public safety or risk of harm to any person, provided that we are assured that an appropriate Request that meets the requirements recited in this Guide will follow promptly in due course.
- Cost Reimbursement
ElmMac Group reserves all rights to require any law enforcement agency to reimburse the costs incurred in responding to a Request.