Flaire is a community for expression that empowers people everywhere to create, discover, and connect by sharing lists, images, and words publicly on the web.
Generally, we do not share any non-public user information with governmental or law enforcement agencies, unless required by law. However, at times there will be situations where we may be required to share non-public information about our users with law enforcement or governmental agencies. These guidelines are intended to familiarize law enforcement and governmental agencies who are seeking to obtain user information from Flaire.
Requests for User Information
Flaire’s disclosure of user information is governed by the Stored Communications Act, 18 U.S.C. § 2701, et seq., which requires that we disclose user information to law enforcement only in response to specific types of legal process. Please refer to our Privacy Policy for more details about the types of user information that Flaire collects.
California law prohibits Flaire from responding to legal process relating to alleged violations of laws that create liability for, or arise out of, providing, facilitating, or obtaining an abortion that is lawful under California law or intending or attempting to provide, facilitate or obtain abortions that are lawful under California law. Flaire is unable to respond to legal process relating to requests for this information.
Within the United States
Flaire will respond to legally binding requests from U.S. law enforcement and governmental agencies that include one of the following documents:
A valid, jurisdictionally sufficient subpoena can be used to obtain basic subscriber information set out in 18 U.S.C. 2703(c)(2), namely: name, address, records of session time and duration, IP address, length of service, and means and source of payment.
A valid, jurisdictionally sufficient court order issued under 18 U.S.C. 2703(d) can be used to obtain other categories of non-content data regarding a user.
A valid, jurisdictionally sufficient federal or state search warrant can be used to obtain user content such as photos or written communications.
International Requests
Flaire may require non-U.S. governmental and law enforcement agencies to use a Mutual Legal Assistance Treaty (MLAT) request or a letter rogatory to disclose the contents of a user’s account.
Flaire may, at its discretion, provide limited subscriber non-content information to non-U.S. governmental and law enforcement agencies in response to legal process that is duly authorized in the requesting country.
Information to Include
For a U.S. or non-U.S. law enforcement request to be honored, it must be issued in accordance with governing law and include all of the following information along with the PDF of the request:
Please submit your request for user information
here.
If you have any questions please contact
help@flaire.co.
Emergency Requests
Under our Privacy Policy and 18 U.S.C. § 2702(b)(8), we may share certain information with law enforcement (within our discretion) if we have a good faith belief that there is an emergency involving danger of death or serious physical injury to a person (including harm to a minor).
When submitting an Emergency Disclosure Request you must include the following information:
Identity of the individual in danger of death or serious physical injury;
The nature of the emergency and why it poses a threat of imminent death or serious bodily injury that would justify immediately disclosing the requested information rather than relying on standard legal process;
* Information in Flaire’s possession you are seeking to obtain on an emergency basis; and
* How the specific information requested will assist in averting the threatened death or serious physical injury.
Please submit your Emergency Disclosure Request
here.
Account Preservation
In accordance with 18 U.S.C. 2703(f), Flaire will accept requests to preserve user records for 90 days that may be relevant in a criminal legal proceeding.
Valid preservation requests should be submitted
here.
If you have any questions please contact
help@flaire.co.
Child Safety
Flaire will remove any content that comes to our attention that depicts (or may depict) sexually explicit images of minors or appears to sexualize or exploit children, including content drawn to our attention by government requests. We will promptly report this content to the
National Center for Exploited and Missing Children, which may relay this and related information to U.S.- or foreign-based law enforcement agencies.
If a request involves a child exploitation or safety matter, please specify that in the request so that we may quickly address the request.
Data Retention
In accordance with our Terms of Use, Privacy Policy, and applicable law, Flaire retains different types of user information for various periods of time. Due to the nature of the information on Flaire, we may store some user information for only a short period of time. Unless we receive a valid preservation request, we generally do not retain information for law enforcement purposes.
Notification
We will not notify users if we are prohibited by law from doing so (for example, by an order under 18 U.S.C. § 2705(b)), or if we believe that an exceptional circumstance exists, such as child exploitation, the threat of imminent death or bodily injury, or where notification would be counterproductive (e.g., due to an account takeover). Absent these exceptional circumstances, we will make efforts to provide delayed notice to affected users when prior notice is prohibited, following expiration of the non-disclosure order and where permitted by law.
Testimony
Records produced in response to law enforcement requests are self-authenticating and do not require the testimony of records custodians. We are unable to provide expert testimony.
If you need a special certification, please include it in your request.
Cost Reimbursement
Under 18 U.S.C. §2706, Flaire may seek to be reimbursed for any costs we incur in responding to information requests. Unusual or extensive requests may incur additional costs, but we may waive fees at our discretion.