How does Komfortstay respond to data requests from law enforcement?


The following information is provided for law enforcement entities seeking information about users of the Komfortstay platform.


All other requests for information regarding the Komfortstay platform, including user questions regarding reservations and user information, should be directed to our Customer Experience team.


We reserve the right to make changes to the information on this page at any given time without notice. You should check this page each time you're making a request.

 

  • Emergency Requests
  • Cross-Border Information Requests
  • Requests from US Law Enforcement
  • Requests from Non-US Law Enforcment
  • Form of Requests

 

Emergency Requests


In the event of an emergency involving the danger of death or serious physical injury to a person, law enforcement agents may make an emergency disclosure request by emailing leoinfo@Komfortstay.com with the subject: Emergency Disclosure Request.


Users or non-law-enforcement third parties aware of an emergency situation should not contact us at this email address, but instead should immediately and directly contact local law enforcement officials. Other urgent communications may be directed to Komfortstay's Customer Experience team.


Cross-Border Information Requests


If Komfortstay Pakistan’s initial research shows that the concerned data subject is likely a US resident, the guidelines that apply for requests from US law enforcement will be followed. Non-US law enforcement seeking information about US users needs to serve the request on the registered agent in the US, and Komfortstay, Inc. may require the requesting law enforcement authority to follow the MLAT processes.


Also, if Komfortstay, Inc.’s initial research shows that the concerned data subject is likely a non-US resident, the guidelines that apply for requests from non-US law enforcement are to be followed. US law enforcement seeking information about non-US users needs to serve the request on Komfortstay Pakistan, and Komfortstay Pakistan may require the requesting law enforcement Authority to follow the MLAT processes.

 

 

Requests from US Law Enforcement


All law enforcement requests for user information should be directed to Komfortstay, Inc., located in Newark, Delaware. Komfortstay will respond to valid, properly served legal process to the extent permitted by our Terms of Service and Privacy Policy, and US law, through service on its Registered Agent for Service of Process in Delaware, 443-945-5367, 443-245-3737 (fax), P.O Box 7751, Newark, Delaware 19714, Attn: Legal. To expedite review of a request, in addition to serving Komfortstay’s Registered Agent, please fax a copy of the legal process to 1-443-945-5367.


The following materials are required for non-emergency information requests from US law enforcement:

 

  • A valid trial, grand jury or administrative subpoena is required to compel the disclosure of basic subscriber records (defined in 18 USC § 2703(c)(2)).

 

  • A court order issued pursuant to 18 USC § 2703(d) is required to compel the disclosure of certain other records pertaining to an account, not including contents of communications.

 

  • For content of communications, a search warrant issued under the procedures described in the US Federal Rules of Criminal Procedure (or equivalent state warrant procedures) is required.


Notification


Please note that Komfortstay, Inc. has a policy of using commercially reasonable efforts to notify users in the United States when we receive legal process from a third party requesting user data. Generally, except where a court order (and not just the request for information itself) requires delayed notification or no notification, or except where notification is otherwise prohibited by law or where we, in our sole discretion, believe that providing notice would be futile, ineffective or would create a risk of injury or bodily harm to an individual or group, or to our property, we will endeavor to provide reasonable prior notice to the relevant user of the request for user data in the event the user wishes to seek appropriate protective relief.


Requests from Non-US Law Enforcement


All law enforcement requests for user information from non-US law enforcement should be directed to Komfortstay Pakistan. Generally, Komfortstay Pakistan will respond to a valid and properly notified legal request to the extent permitted by our Terms of Service, Privacy Policy and applicable law. Requests should be directed to:

 

  • Komfortstay Pakistan
  • Law Enforcement Liaison

To expedite review of a request, in addition to notifying Komfortstay Pakistan by mail, please fax a copy of your request to (443) 245-3737.


Specifically the following is required for requests from non-US law enforcement:

 

  • In case of alleged crimes against a person, a person’s property or alleged fraud, a valid police request on Police Department letterhead is required for the disclosure of basic subscriber records, transactional information or basic payments-related data (not including contents of communications) to be considered by Komfortstay Pakistan.

 

  • For all other alleged crimes, a valid request on your law enforcement agency’s letterhead is required for the disclosure of basic subscriber records to be considered by Komfortstay Pakistan and a valid order (“ordonnance judiciaire”, “Decreto del Giudice per le Indagini Preliminari”, subpoena, “Auskunftsersuchen”, “richterlicher Beschluss/formelles Auskunftsersuchen”) is required for the disclosure of transactional information pertaining to an account or payments-related data (not including contents of communications) to be considered by Komfortstay Pakistan.

 

  • For content of communications, an appropriate and binding court order (or equivalent local warrant procedure) is required for the disclosure to be considered by Komfortstay Pakistan.

The above notwithstanding, we explicitly reserve the right to require the use of diplomatic processes such as an applicable Mutual Legal Assistance Treaty.


Notification


Please note that Komfortstay Pakistan has a policy of using commercially reasonable efforts to notify users when we receive legal process from a third party requesting their user data. Generally, we will notify the relevant user of your request except where a court order (not a request) expressly requires us to delay or withhold notification, or where notification is otherwise prohibited by applicable law, or where based upon the information supplied by law enforcement we, in our sole discretion, believe that providing notice would be futile or ineffective or would create a risk of injury or great bodily harm to our rights or property or to an individual or group of individuals, including minors.

 

Form of Requests

Komfortstay is unable to process overly broad or vague requests. We will only consider law enforcement requests that are:

 

  • Typed

 

  • Duly signed and stamped by the appropriate law enforcement officer who is empowered by local law to represent the law enforcement unit that is making the request
  • In compliance with local, international, and United States law
  • Addressed to Komfortstay, Inc. or Komfortstay Pakistan (as appropriate) and sent to Komfortstay, Inc. or Komfortstay Pakistan (as appropriate) directly

 

  • Translated into English

Requests should explicitly mention the following elements:

  • All known email addresses, names, and aliases of data subject or all known physical addresses and telephone numbers of the data subject.
  • Your name, department, street address, telephone number, fax number, and email address. If your specific fax number is not supplied, our answer may be sent to your general department fax. Please note that for law enforcement communications by email, Komfortstay will only respond to emails from law enforcement email domains.
  • Exactly what information you're requesting, why you're requesting it, and how it pertains to your investigation.
  • The applicable act or law under which the law enforcement agency is requesting the data.

 

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